We have significant experience both in private practice and as a government litigator dealing with the circumstances under which otherwise confidential or non-public information may be obtained from the federal government. The Freedom of Information Act (FOIA) provides a means for private persons to gain access to information in the possession of the federal government subject to a number or exceptions. In addition to FOIA, federal agencies provide a process by which private-party litigants may obtain government testimony and/or documents for cases in which the government is not a party. See, e.g., 12 C.F.R. § 309.6(b)(8) (FDIC), 12 C.F.R. § 4.31—4.40 (OCC).
Vartan Nat'l Bank v. Office of the Comptroller of the Currency, __ F. Supp. 3d __, 2009 WL 1011578 (M.D. Pa. April 15, 2009) (lead counsel for OCC) (upholding under Administrative Procedure Act review the OCC's determination under 12 C.F.R. § 4.33 to deny the bank's request to depose an OCC bank examiner for the […]
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