First Amendment, Media and Business Law
DOING BUSINESS WITH THE GOVERNMENT?
the risK
The Right-to-Know Law gives any U.S. citizen the ability to get a copy of any information held by the Commonwealth of Pennsylvania.
The law also applies to records in the “constructive possession” of the Commonwealth, meaning that contractor information is also subject to the law.
Courts in Pennsylvania have ordered access to contractor reports, contractor agreements, subcontractor agreements, invoices and payment information, and redacted proposals, as well as financial information of private companies—to name a few examples.
Competitors can use the Right-to-Know Law to request information about you, through the government.
the solution
While you cannot contract around the Right-to-Know Law, you can learn how to work within it.
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Know the Right-to-Know Law exemptions and how to use them
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Learn how to defend your trade secret information under the Right-to-Know Law
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Label your confidential, trade secret information properly
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Develop robust policies to store and maintain information so that it merits trade secret protection
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Insist on proper protection: include contractual language requiring the agency to notify you when your information is being sought (the law currently doesn’t provide for this protection)
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Secure experienced outside counsel to train and educate employees
HOW WE CAN HELP
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We can train your in-house counsel on how to avoid information disclosure
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We can provide aggressive representation if your information is requested or disclosed
ABOUT RAMSINGH LEGAL:
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Former Appeals Officer who decided hundreds of government contractor cases at the Pennsylvania Office of Open Records
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Former Government Appellate Counsel with strong advocacy expertise and experience
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Successfully litigated appeals and requests on behalf of government contractors
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Works hand-in-hand with in-house counsel to develop a Right-to-Know Law strategy
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Lean, flat-fee billing arrangements