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COPYRIGHT 2007 Alert Publications, Inc.
Recently the Air Force appealed a federal district court case involving disclosure of information under the Freedom of Information Act, but lost. It might surprise you to know that the agency was arguing to have the information revealed, not concealed. At the heart of the case is a question of how corporate trade secret protection is treated under federal law. Specifically, the case involves questions about the type of information that can be withheld under a Freedom of Information Act (FOIA) request by a third party. This case provides a good illustration of one area where federal law intersects with trade secret questions, a subject area normally governed by state laws.
Patent and copyright protection is exclusively governed by federal law, and almost every trademark issue is as well. However, laws about trade secrets are most commonly governed by state law. State protection...
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