Jim Beck’s article, “FOIA Is Not Freedom for Plaintiffs to Trade Drug Secrets,” appeared in Law360 on September 25th. The article presents the issue of which aspects of a corporate integrity agreement (CIA) are protected and which aspects are subject to exposure under the regulations of the Freedom of Information Act (FOIA). As part of a CIA, the affected corporation is required to report certain types of information to the government. A pair of decisions, both entitled Public Citizen v. U.S. Department of Health and Human Services, have attempted to answer the question of how much of this information can be declassified through the use of a FOIA request.
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