Form 9 Application For Access To Information Under Protective Order {9}

2 FORM 9APPLICATION FOR ACCESS TO INFORMATION UNDERPROTECTIVE ORDER BY OUTSIDE OR INSIDE COUNSELUnited States Court of Federal Claims,Plaintiff,v.THE UNITED STATES,Defendant.))))))))))) No. JudgeAPPLICATION FOR ACCESS TO INFORMATION UNDERPROTECTIVE ORDER BY OUTSIDE OR INSIDE COUNSEL1.I, , hereby apply for access to protected information covered bythe 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 thisproceeding.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 strictlyone 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 aninterested party to this proceeding, or any other firm that might gain a competitive advantage from accessto the information disclosed under the Protective Order. I do not provide advice or participate in anydecisions of such parties in matters involving similar or corresponding information about a competitor. Thismeans that I do not, for example, provide advice concerning, or participate in decisions about, marketing oradvertising strategies, product research and development, product design or competitive structuring andcomposition of bids, offers, or proposals with respect to which the use of protected information could providea competitive advantage.5. I [outside counsel only] identify here (by writing 223none224 or listing names and relevant circumstances)those attorneys in my firm who, to the best of my knowledge, cannot make the representations set forth inthe preceding paragraph:6.I identify here (by writing 223none224 or listing names, position, and responsibilities) any member ofmy immediate family who is an officer or holds a management position with an interested party in the American LegalNet, Inc. www.FormsWorkFlow.com 2 proceeding or with any other firm that might gain a competitive advantage from access to the informationdisclosed under the Protective Order.7.I identify here (by writing 223none224 or identifying the name of the forum, case number, date, andcircumstances) instances in which I have been denied admission to a protective order, had admissionrevoked, or have been found to have violated a protective order issued by any administrative or judicialtribunal:8.I [inside counsel] have attached a detailed narrative providing the following information:a. my position and responsibilities as in-house counsel, including my role in providing advicein procurement-related matters;b.the person(s) to whom I report and their position(s) and responsibilities;c.the number of in-house counsel at the office in which I work and their involvement, if any,in competitive decision making and in providing advice in procurement-related matters.d.my relationship to the nearest person involved in competitive decision making (both interms of physical proximity and corporate structure); ande.measures taken to isolate me from competitive decision making and to protect against theinadvertent disclosure of protected information to persons not admitted under the ProtectiveOrder.9.I have read the Protective Order issued by the court in this proceeding. I will comply in all respectswith that order and will abide by its terms and conditions in handling any protected information producedin connection with the proceeding.10.I acknowledge that a violation of the terms of the Protective Order may result in the imposition ofsuch sanctions as may be deemed appropriate by the court and in possible civil and criminal liability.* * *By my signature, I certify that, to the best of my knowledge, the representations set forth above(including attached statements) are true and correct.SignatureDate ExecutedTyped Name and TitleTelephone & Facsimile NumbersE-mail AddressSignature of Attorney of RecordDate ExecutedTyped Name and TitleTelephone & Facsimile NumbersE-mail Address American LegalNet, Inc. www.FormsWorkFlow.com