Appendice 11. Sample Agency Assurance Of Protection Of Confidential Information

• Pages: 1-6

APPENDIX 11 11-1

Sample Agency Assurance Of Protection

Of Confidential Information

John Doe, Esq.

Doe & Roe

Washington, D.C.

Re: Acme, Inc. Acquisition of Amalgamated, Inc.

Dear Mr. Doe:

In our telephone conversation yesterday, you asked me what

confidentiality protections the Agency will apply to competitively

sensitive information in documents your client will be voluntarily

submitting to the agency in connection with the Agency’s investigation

of the acquisition of Amalgamated by Acme.

The Agency agrees for two years to provide the following special

protections to sensitive information which your client produces. In the

event of a request by a third party for disclosure of any sensitive

information under the Freedom of Information Act, the Agency will act

in accordance with its stated policy, as set forth at 28 C.F.R. § 16.7, a

copy of which is enclosed. In the event of a request by a third party for

disclosure of any sensitive information under any provision of law other

than the Freedom of Information Act, the Agency will assert all

applicable exemptions from disclosure permitted by law. In addition, the

Agency will attempt to give your client ten days’ notice prior to

disclosure of any sensitive information to a third party which requests it

under any provision of law other than the Freedom of Information Act.

Although it is the Agency’s policy not unnecessarily to use sensitive

information in complaints or other court filings, which are publicly

available documents, the Agency can provide no assurance that sensitive

information will not be so used. In addition, the Agency cannot assure

your client of advance notification of a complaint or of what information

may be included therein. Nevertheless, if a filing is to be made, the

Agency will notify your client as soon as is reasonably practicable of any

decision by the Agency for the purpose of seeking preliminary relief.

The Agency will file under seal any sensitive information used for such

purpose and will advise the court that your client has designated the