Case Disclosed


Second Circuit Appeal Raises FOIA Question of First Impression

In 2016, Congress amended the Freedom of Information Act to strengthen citizens’ access to information. In resolving the pending appeal filed by the MFIA Clinic in Seife v. FDA, No. 20-4072, the Second Circuit will likely become the first appellate court in the nation to interpret how the new requirements imposed on agencies that wish to withhold information apply to information falling within FOIA’s Exemption 4, the exemption that protects from disclosure “trade secrets and commercial or financial information obtained from a person [that is] privileged or confidential.” 1 The Second Circuit’s