U.S.
v.
Philip Morris USA Inc.

United States District Court, D. ColumbiaOct 21, 2004
Civil Action No. 99-2496 (GK). (D.D.C. Oct. 21, 2004)

Civil Action No. 99-2496 (GK).

October 21, 2004


Order # 705 FINDINGS FOR EXHIBIT JD-022585 CONTAINING CONFIDENTIAL INFORMATION


Upon consideration of Lorillard Tobacco Company's ("Lorillard") Notice of Protection at Trial of Specified Trial Exhibits, the Affidavit of Douglas A. Barton and evidence in support, the absence of Opposition, and the entire record herein, on this21st day of Oct 200_, the Court makes the following findings:

1. Exhibit JD-022585 is a January 2, 2002 report regarding Lorillard's direct mail program for Newport.

2. Lorillard has asserted claims of confidentiality protection for Exhibit JD-022585.

3. Lorillard has maintained and designated Exhibit JD-022585 as confidential and has taken reasonable measures to maintain the secrecy of this information. This information derives independent economic value for Lorillard.

4. Lorillard would be harmed by the public disclosure of the results of Lorillard's direct mail program for Newport that are reflected in Exhibit JD-022585.

5. To the extent that there is a genuine public need for or genuine public interest in the disclosure of the results of Lorillard's direct mail program for Newport that are reflected in Exhibit JD-022585, the harm to Lorillard from disclosure of this information outweighs the public need or public interest.

Now, therefore, it is ORDERED that Exhibit JD-022585 shall be sealed and protected from public disclosure pursuant to the provisions of Order #638 ¶¶ (5e), (5f), (7) and (9).