Free Application for Access to Protected Material - District Court of Federal Claims - federal

Case 1:06-cv-00413-GWM

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Filed 05/30/2006

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THE UNITED STATES COURT OF FEDERAL CLAIMS BID PROTEST EXIDE TECHNOLOGIES, INC. Plaintiff, v. UNITED STATES, Defendant. : : : : : : : : : : :

Civil Action No. 06-413C Judge G. Miller Electronically Filed on May 30, 2006

APPLICATION FOR ACCESS TO INFORMATION UNDER PROTECTIVE ORDER BY OUTSIDE COUNSEL 1. I, William M. Weisberg, hereby apply for access to protected information covered

by the Protective Order issued in connection with this proceeding. 2. I am an attorney with the law firm of Sullivan & Worcester LLP and have been

retained to represent Exide Technologies, Inc., a party to this proceeding. 3. 4. I am a member of the bar of the United States Court of Federal Claims. 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

{B0523214; 1}

Case 1:06-cv-00413-GWM

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Filed 05/30/2006

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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 identify here those attorneys in my firm who, to the best of my knowledge,

cannot make the representations set forth in the preceding paragraph: None. 6. I identify here 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 disclosed under the Protective Order: None. 7. I identify here instances in which I have been denied admission to a protective

order, had admission revoked, or have been found to have violated a protective order issued by any administrative or judicial tribunal: None. 8. I have read the Protective Order issued by the court in this proceeding. I will

comply in all respects with that order and will abide by its terms and conditions in handling any protected information produced in connection with the proceeding. 9. I acknowledge that a violation of the terms of the Protective Order may result in

the imposition of such sanctions as may be deemed appropriate by the court and in possible civil and criminal liability. ***

{B0523214; 1}

Case 1:06-cv-00413-GWM

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Filed 05/30/2006

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By my signature, I certify that, to the best of my knowledge, the representations set forth above are true and correct.

/s/ William M. Weisberg Signature of Attorney of Record William M. Weisberg, Esq. Typed Name and Title Sullivan & Worcester LLP 1666 K. Street, NW Washington, DC 20006 Typed Address (202) 775-1200 Telephone Number (202) 293-2275 Fax Number

May 30, 2006 Date Executed

{B0523214; 1}