FREEDOM OF INFORMATION ACT

Massey & Gail represents businesses, nonprofit organizations, and individuals seeking information from the government under the federal Freedom of Information Act (FOIA) and state open records laws. Our lawyers help clients prepare FOIA requests, engage with federal agencies concerning those requests, and litigate against the government to compel the production of records.

We also represent businesses seeking to safeguard confidential information provided to the government. FOIA’s “Exemption 4” protects commercial or financial information provided to the government under certain circumstances. We advise businesses that submit information to the government to ensure that their sensitive confidential business information is not released. With our extensive experience dealing with government agencies and government litigators, we are adept at working to ensure that the agency understands the confidential nature of a client’s commercial information before releasing any documents. We also are able to intervene in FOIA litigation to protect the interests of our business clients and to bring “reverse FOIA” actions to prevent agencies from releasing confidential business information.

Our FOIA team is led by Matthew M. Collette, the former Deputy Director of the Civil Division, Appellate Staff at the U.S. Department of Justice. Mr. Collette litigated many of the government’s most important FOIA cases, including those involving the use of “drones” in targeted killing, classified records concerning anti-terrorist operations, confidential business information, personal privacy protections, and law enforcement information. He has written and lectured extensively on FOIA issues, including recent articles on the disclosure of the identity of recipients of Paycheck Protection Act loans, the classification of information regarding COVID-19, and the standards governing the protection of commercial and financial information.

REPRESENTATIVE MATTERS

Advising a business client on the likelihood that sensitive commercial information submitted to a government agency would be disclosed to the public.
Successfully suing the U.S. Department of Commerce under the Freedom of Information Act for records concerning the use of a citizenship question on the United States Census.
Objecting on behalf of a business client to a state agency’s proposal to release sensitive commercial information.
Successfully suing to force the Food and Drug Administration to release records under the Freedom of Information Act.
Successful suing to force the Department of the Interior to release records concerning the relocation of the Bureau of Land Management headquarters.

PRACTICE AREAS

Antitrust & Competition

Consumer & False Claims Act

Freedom of Information Act

Privacy

Bankruptcy & Creditors’ Rights

Constitutional Law

Healthcare

Regulated Industries

Complex Commercial

Financial Services

Intellectual Property

Tax

Trials & Arbitrations

We regularly try high-stakes, complex cases across the country in every type of forum—state and federal courts, administrative tribunals, arbitrations, and other dispute resolution proceedings—with great success. Our decades of experience in the courtroom, plus our deep bench of seasoned attorneys, give us uncommon litigation firepower. We are often asked to step in to try an already pending case after a client reexamines its trial team.

Appeals

We have briefed and argued appeals in the U.S. Supreme Court, every federal circuit, and innumerable state courts. We handle appeals in every conceivable scenario—where our firm conducted the trial below and where we didn’t; where we are hired to replace existing counsel and where we are asked to work cooperatively alongside them. Whatever the circumstances, we provide a valuable, fresh appellate perspective and deliver excellent results for our clients.

Policy & Regulatory Work

We regularly represent clients before federal agencies and in state administrative and regulatory proceedings. We often use those proceedings as tools to resolve our clients’ business issues as an expeditious and cost-effective alternative to litigation. We also assist clients in submitting comments to proposed rules, meeting with government officials, and challenging agency rules after adoption. In addition, we have prepared court of appeals and U.S. Supreme Court briefs on important questions of administrative law.

Strategic Counseling

We help clients understand and evaluate the costs and benefits of different options for resolving the issues they face. We understand that litigation is often the last resort rather than the first choice, and we strive to formulate out-of-the-box strategies for meeting client needs in a cost-effective and timely way. Our nimble teams of experienced attorneys identify innovative solutions where other firms cannot. We also help our in-house clients manage outside counsel in particularly large or fast-paced matters.