Campbell Ewald quarterly reports, "course corrections"

Dear Mr. Nathan,

ESD is in receipt of the attached FOIL request seeking access to certain records of the New York State Urban Development Corporation ("UDC") doing business as Empire State Development ("ESD").

ESD is considering your request in accordance with the Freedom of Information Law (Public Officers law, Section 84 et seq.) and its rules concerning access to the records of the Corporation. ESD will notify you of the results of its search for responsive documents within twenty (20) business days.

Thank you

Records Access Officer
FOIL@esd.ny.gov<mailto:FOIL@esd.ny.gov>
IMPORTANT: This e-mail message and any attachments contain information intended for the exclusive use of the individual(s) or entity to whom it is addressed and may contain information that is proprietary, privileged, confidential and/or exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any viewing, copying, disclosure or distribution of this information may be subject to legal restriction or sanction. Please immediately notify the sender by electronic mail or notify the System Administrator by telephone (518)292-5180 or e-mail (administrator@esd.ny.gov) and delete the message. Thank you.

Dear Mr. Nathan,

Please be advised that ESD continues to review documents responsive to the attached FOI request in accordance with the Freedom of Information Law (Public Officers Law, Section 84 et seq.) ("FOIL") and its rules concerning access to ESD's records. ESD will notify you of the status of its review and endeavor to provide you with any responsive documents and/or determination(s) made pursuant to FOIL on or before November 8, 2017.

Thank you,

Records Access Officer
FOIL@esd.ny.gov<mailto:FOIL@esd.ny.gov>

Dear Mr. Nathan,

Please be advised that ESD continues to review documents responsive to the attached FOI request in accordance with the Freedom of Information Law (Public Officers Law, Section 84 et seq.) ("FOIL") and its rules concerning access to ESD's records. ESD will notify you of the status of its review and endeavor to provide you with any responsive documents and/or determination(s) made pursuant to FOIL on or before January 15, 2018.

Thank you,

Records Access Officer
FOIL@esd.ny.gov<mailto:FOIL@esd.ny.gov>

Dear Mr. Nathan,

Please be advised that ESD is in the final stages of reviewing the documents responsive to the attached FOIL request for appropriate redactions. ESD will notify you of the status of its review and endeavor to provide you with any responsive documents and/or determination(s) made pursuant to FOIL on or before January 30, 2018.

Thank you.

Records Access Officer
FOIL@esd.ny.gov<mailto:FOIL@esd.ny.gov>

Dear Mr. Nathan:

I write in response to your August 21, 2017 FOIL request for the following documents:

"(a) all quarterly reports by Lowe & Partners Worldwide, Inc., d/b/a Campbell Ewald New York (or any of its subsidiaries) to Empire State Development (or its affiliates) on the extent to which agreed-to performance standards and Key Performance Indicators (as described in an agreement between the two entities dated November 13, 2015) have been met. If and only if the reports were issued only verbally, please provide all documentation or memorializations of these reports.

(b) If not encompassed by (a): Records that reflect all proposed "corrective and appropriate course corrections in messaging and spending where standards have not been met," as described in the agreement mentioned in (a)."
Pursuant to section 87, subsection 2, subdivision (d) of FOIL, we have withheld these records as they contain information that "are trade secrets or are submitted to an agency by a commercial enterprise or derived from information obtained from a commercial enterprise and which if disclosed would cause substantial injury to the competitive position of the subject enterprise."

In this instance, the withheld documents contain highly confidential and competitively sensitive information relating to New York State's marketing strategy and its performance against established key performance indicators, for which there is no means other than FOIL disclosure for competitor states to obtain this information. As such, the information is exempt from the disclosure requirement under POL §87(2)(d), because it constitutes trade secrets, and because its disclosure would cause substantial injury to New York State's competitive position. See Encore College Bookstores, Inc. v. Auxiliary Serv. Corp. of State Univ. of N.Y. at Farmingdale, 87 N.Y.2d 410, 420 (1995).

The appeals officer to whom to direct an appeal of any portion of this determination is Julene Beckford, Associate Counsel of New York State Urban Development Corporation d/b/a Empire State Development, 633 Third Avenue, 37th Floor, New York, NY 10017, FOILAppeal@esd.ny.gov<mailto:FOILAppeal@esd.ny.gov>.

Kindly confirm receipt of this email.

Thank you.

Records Access Officer
FOIL@esd.ny.gov<mailto:FOIL@esd.ny.gov>

IMPORTANT: This e-mail message and any attachments contain information intended for the exclusive use of the individual(s) or entity to whom it is addressed and may contain information that is proprietary, privileged, confidential and/or exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any viewing, copying, disclosure or distribution of this information may be subject to legal restriction or sanction. Please immediately notify the sender by electronic mail or notify the System Administrator by telephone (518)292-5180 or e-mail (administrator@esd.ny.gov) and delete the message. Thank you.