LETTER addressed to Judge John G. Koeltl from Brian Stekloff dated January 22,… — United States v. Visa Inc. (Dkt. 56)

Summary

A January 22, 2025 letter, Document 56, from Brian Stekloff of Wilkinson Stekloff LLP to Judge John G. Koeltl in United States of America v. Visa Inc., Case No. 1:24-cv-07214 (JGK), in the U.S. District Court for the Southern District of New York. Writing for Visa under Rule VI.A.2 of the judge's Individual Rules, it explains the need to seal and redact the Government's opposition to Visa's motion to dismiss, which the Government filed on January 19th. The opposition refers to exhibits that are non-public contracts between Visa and three non-party companies, which Visa had already been allowed to file under seal. The letter says the contracts are confidential business contracts whose disclosure would cause competitive harm, and that they are Highly Confidential Information under the case's protective order.

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2001 M Street NW, 10th Floor 
Washington, DC 20036 
 
 
WWW.WILKINSONSTEKLOFF.COM 
___ 
 
A LIMITED LIABILITY PARTNERSHIP 
 
 
January 22, 2025 
VIA ECF FILING 
 
Honorable John G. Koeltl 
United States District Judge 
Southern District of New York 
500 Pearl Street  
New York, New York 10007 
 
 
Re: 
United States of America v. Visa Inc.; Case No. 1:24-cv-07214 (JGK)  
Dear Judge Koeltl: 
We represent Visa Inc. in the above-referenced action. On January 19th, the Government 
filed its opposition to Visa’s motion to dismiss. In a separate letter-motion, the Government 
requested the Court’s permission to file its redacted opposition on the public docket, and to file an 
unredacted copy of its opposition under seal. ECF No. 50. Your Honor granted the Government’s 
letter-motion. ECF No. 55. We write pursuant to Rule VI.A.2 of Your Honor’s Individual Rules 
to “explain[ ] the need to seal [and] redact” the Government’s opposition. 
The Government’s opposition refers to exhibits that accompany Visa’s motion to dismiss, 
which are non-public contracts between Visa and three non-party companies. When Visa filed its 
motion to dismiss, Visa requested that Your Honor allow Visa to file its motion to dismiss with 
references to the substance of those agreements redacted, and to file the unredacted motion and 
exhibits under seal. ECF No. 36. Your Honor granted Visa’s request. ECF No. 41. The underlying 
reasons to redact information about the contracts remain the same: the contracts are “confidential 
business contracts,” and disclosure would “result in competitive harm” to Visa and its 
counterparties. Regeneron Pharms., Inc. v. Novartis Pharma AG, No. 1:20-cv-05502, 2021 WL 
243943, at *2 (S.D.N.Y. Jan. 25, 2021). And 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. 1:19-cv-09758, 2021 WL 4480952, at *1 
(S.D.N.Y. Sept. 30, 2021). Additionally, the contracts are Highly Confidential Information secured 
by this case’s protective order. See ECF No. 42 ¶¶ 8, 24. 
 
We appreciate the Court’s consideration and would be happy to provide additional briefing 
to the Court if necessary. 
 
 
Case 1:24-cv-07214-JGK     Document 56     Filed 01/22/25     Page 1 of 2

 
 
 
2 
Respectfully submitted, 
/s/ Brian Stekloff 
 
Brian Stekloff (admitted pro hac vice) 
Beth Wilkinson (SBN NY 2181592) 
Kieran Gostin (SBN NY 4847653) 
Roxana Guidero (admitted pro hac vice) 
WILKINSON STEKLOFF LLP 
2001 M Street NW, 10th Floor 
Washington, DC 20036 
Telephone: (202) 847-4000 
Facsimile: (202) 847-4005 
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 KAYE SCHOLER LLP 
601 Massachusetts Avenue NW 
Washington, D.C. 20001 
Telephone: (202) 942-6197 
Facsimile: (202) 942-5999 
anne.davis@arnoldporter.com 
jonathan.gleklen@arnoldporter.com 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Counsel for Defendant Visa Inc. 
 
CC: 
All Counsel of Record (via ECF) 
 
 
Case 1:24-cv-07214-JGK     Document 56     Filed 01/22/25     Page 2 of 2

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