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

Legal Form Number9
CourtU.S. Claims Court
SectionCourt 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

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