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Chicago, October 7, 2021

Kanter Co-Authors Law360 Article on D.C. Circuit's Exploratory Data Ruling

Swanson, Martin & Bell, LLP partner David A. Kanter co-authored an article for Law360 regarding an exploratory data ruling made by the U.S. Court of Appeals for the D.C. Circuit. 

According to Kanter and co-author Lawrence S. Ebner, who together represented the plaintiff Pavement Coatings Technology Council in the FOIA litigation discussed in this article: 

When scientists employed by universities, nonprofit institutes or corporations publish scientific studies, they routinely make their underlying research data available to peer reviewers and anyone else who is interested. A recent U.S. Court of Appeals for the District of Columbia Circuit decision, Pavement Coatings Technology Council v. United States Geological Survey, confirms that federal government scientists should be no different. They cannot shield their published work from professional, industry or public criticism by invoking Freedom of Information Act Exemption 5 — the deliberative process privilege — as a reason for refusing to disclose their exploratory research data.

This ruling stemmed from the plaintiff's lawsuit arising out of a Freedom of Information Act request. Along with Kanter, partner Nathaniel S. Widell also represented the plaintiff at the District Court level.

To read the full article, please visit this link

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