ORDER granting 36 Letter Motion to Seal. Application to seal granted. SO ORDERED — United States v. Visa Inc. (Dkt. 41)

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Letter dated December 16, 2024 from counsel for Visa Inc. to the Honorable John G. Koeltl requests permission to file under seal five exhibits to the Declaration of Beth A. Wilkinson in Support of Defendant's Motion to Dismiss the Complaint and related information in Visa's Motion to Dismiss. It states that the Government does not oppose the request. It describes the exhibits as five non-public business contracts between Visa and third parties that contain confidential commercial information. It argues that there is little public interest in access to the five exhibits. The signature block names Beth Wilkinson.

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Case 1:24-cv-07214-JGK 
Document 36 
Filed 12/16/24 
Page 1 of 3 
2001 M Street NW, 10th Floor 
W ashington, DC 20036 
December 16, 2024 
VIA ECF FILING 
mwlLKINSON 
0 STEKLOFF 
Honorable John G. Koeltl 
United States District Judge 
Southern District of New York 
500 Pearl Street 
New York, New York 10007 
WWW.WILKI NSONSTEKLOFF.COM 
A LIM ITED LIABILITY PARTNERSHIP 
Re: 
United States of America v. Visa Inc.; Case No. l:24-cv-07214 (JGK-SLC) 
Dear Judge Koeltl: 
We represent Visa Inc. in the above-referenced action. Pursuant to Rule VI.A.2 of Your 
Honor's Individual Practices, we respectfully request the Court's permission to file under seal five 
exhibits to the Declaration of Beth A. Wilkinson in Support of Defendant's Motion to Dismiss the 
Complaint and related information in Visa's Motion to Dismiss, both of which Visa will file today. 
The Government does not oppose this request. As described below, the exhibits-five non-public 
business contracts between Visa and third parties----<:ontain confidential commercial information 
that is the proper subject of a sealing request. 
Courts may seal documents filed with dispositive motions to protect "the privacy interests 
of those resisting disclosure." Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 120 (2d Cir. 
2006) ( citation omitted); see also Fed. R. Civ. P. 26( c )(1 )(g). One reason to seal "judicial records" 
is to protect "sources of business information that might harm a litigant's competitive standing." 
Nixon v. Warner Commc 'ns, Inc., 435 U.S. 589, 598 (1978). Courts in this district have recognized 
that "disclosure of ... confidential business contracts" can "result in competitive harm"-for 
example, by "disadvantag[ing] [the defendant] in future negotiations with third parties with respect 
to similar agreements." Regeneron Pharms., Inc. v. Novartis Pharma AG, No. 1 :20-cv-05502, 
2021 WL 243943, at *2 (S.D.N.Y. Jan. 25, 2021); see also, e.g., SEC v. Ripple Labs, Inc. , No. 20-
cv-10832, 2023 WL 3477552, at *6 (S.D.N.Y. May 16, 2023) (sealing "certain contracts in their 
entirety" to protect "[the defendant's] business relationships and interests, and the privacy interests 
of non-parties"). 
The exhibits Visa requests to file under seal are non-public contracts between Visa and 
three non-party companies. Visa has "ongoing contractual relationship[s]" with each company. Id. 
Disclosing the agreements would expose not just Visa's and its counterparties' "highly 
confidential .. . pricing information," Skyline Steel, LLC v. PilePro, LLC, 101 F. Supp. 3d 394, 
412-413 (S.D.N.Y. 2015), but also their agreements on technical support, use of intellectual 
property, and termination rights-"likely result[ing] in competitive harm." Regeneron, 2021 WL 
243943, at *2. 
Case 1:24-cv-07214-JGK     Document 41     Filed 12/17/24     Page 1 of 3

Case 1:24-cv-07214-JGK 
Document 36 
Filed 12/16/24 
Page 2 of 3 
Moreover, there is little "public interest in access" to the five exhibits. United States v. 
Amodeo, 71 F.3d 1044, 1049 (2d Cir. 1995). Visa's motion to dismiss rests on the interpretation 
of specific provisions in the contracts, which the Government alleges are agreements not to 
compete. Visa believes that the vast majority of the language in the contracts will likely be 
"irrelevant to the Court's decision" at this stage, even if it "could be very useful to a competitor." 
Alto v. Sun Pharm. Indus., Inc., No. l:19-cv-09758, 2021 WL 4480952, at *1 (S.D.N.Y. Sept. 30, 
2021). "Accordingly, the presumption in favor of public access is low." Graczyk v. Verizon 
Commc'ns, No. 18-cv-6465, 2020 WL 1435031, at *9 (S.D.N.Y. Mar. 24, 2020). Disclosure of 
the contracts would therefore disproportionately harm Visa and non-parties relative to any public 
benefit. 
For the foregoing reasons, Visa respectfully requests that the Court allow Visa to file under 
seal the five exhibits to the Declaration of Beth A. Wilkinson in Support of Defendant's Motion 
to Dismiss the Complaint. We appreciate the Court's consideration and would be happy to provide 
additional briefing to the Court if necessary. 
Respectfully submitted, 
Isl Beth A. Wilkinson 
Beth Wilkinson (SBN NY 2181592) 
Brian Stekloff (admitted pro hac vice) 
Kieran Gostin (SBN NY 4847653) 
Roxana Guidera (admitted pro hac vice) 
WILKINSON STEKLOFF LLP 
2001 M Street NW, 10th Floor 
Washington, DC 20036 
Telephone: (202) 847-4000 
Facsimile: (202) 84 7-4005 
bstekloff@wilkinsonstekloff.com 
bwilkinson@wilkinsonstekloff.com 
kgostin@wilkinsonstekloff.com 
rguidero@wilkinsonstekloff.com 
Anne P. Davis (admitted pro hac vice) 
Jonathan Ian Gleklen (admitted pro hac vice) 
ARNOLD & PORTER KA YE SCHOLER LLP 
601 Massachusetts A venue NW 
Washington, D.C. 20001 
Telephone: (202) 942-6197 
Facsimile: (202) 942-5999 
anne.davis@amoldporter.com 
jonathan.gleklen@amoldporter.com 
Counsel for Defendant Visa Inc. 
2 
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Case 1:24-cv-07214-JGK 
Document 36 
Filed 12/16/24 
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CC: 
All Counsel of Record (via ECF) 
3 
Case 1:24-cv-07214-JGK     Document 41     Filed 12/17/24     Page 3 of 3

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