Application for Access to Information Under Protective Order by Outside or Inside Counsel

• Legal Form Number: 9
• Court: Court of Federal Claims
• Section: Court of Federal Claims

223

FORM 9

APPLICATION FOR ACCESS TO INFORMATION UNDER

PROTECTIVE ORDER BY OUTSIDE OR INSIDE COUNSEL

United States Court of Federal Claims

)

)

________________________, )

) No. _____________

Plaintiff, )

) Judge ____________________

v. )

)

THE UNITED STATES, )

)

Defendant. )

APPLICATION FOR ACCESS TO INFORMATION UNDER

PROTECTIVE ORDER BY OUTSIDE OR INSIDE COUNSEL

1. I, _______________, hereby apply for access to protected information covered by the

Protective Order issued in connection with this proceeding.

2. a. I [outside counsel only] am an attorney with the law firm of ___________________ and

have been retained to represent ______________________, a party to this proceeding.

b. I [inside counsel] am in-house counsel (my title is: ______________________) for

_________________, a party to this proceeding.

3. I am am not a member of the bar of the United States Court of Federal Claims

(the court).

4. My professional relationship with the party I represent in this proceeding and its personnel

is strictly one of legal counsel. I am not in competitive decision making as discussed in U.S. Steel

Corp. v. United States, 730 F.2d 1465 (Fed. Cir. 1984), for or on behalf of the party I represent,

any entity that is an interested party to this proceeding, or any other firm that might gain a

competitive advantage from access to the information disclosed under the Protective Order. I do

not provide advice or participate in any decisions of such parties in matters involving similar or

corresponding information about a competitor. This means that I do not, for example, provide

advice concerning, or participate in decisions about, marketing or advertising strategies, product

research and development, product design or competitive structuring and composition of bids,

offers, or proposals with respect to which the use of protected information could provide a

competitive advantage.

5. I [outside counsel only] identify here (by writing “none” or listing names and relevant

circumstances) those attorneys in my firm who, to the best of my knowledge, cannot make the

representations set forth in the preceding paragraph:

6. I identify here (by writing “none” or listing names, position, and responsibilities) any

member of my immediate family who is an officer or holds a management position with an

interested party in the proceeding or with any other firm that might gain a competitive advantage