Form 9 - Application For Access To Information Under Protective Order By Outside Or Inside Counsel - To The United States Court Of Federal Claims

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FORM 9
APPLICATION FOR ACCESS TO INFORMATION UNDER
PROTECTIVE ORDER BY OUTSIDE OR INSIDE COUNSEL
United States Court of Federal Claims
)
)
______________________________,
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)
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 involved 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 from access to the information

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