NIH Hid Public Comments Package — page 104

/OD) [E] OD) [E] nate (NIH/OD) [E] OD) [E] nate (NIH/OD) [E] Lankford, limeni, Lydia Lankford, limeni, Lydia Office of the General Counsel Public Health Division, NIH Branch (direct) @nih.gov This e-mail message is intended for the exclusive use of the recipient(s) named above. It may contain information that is protected, privileged, or confidential, and it should not be disseminated, distributed, or copied to persons not authorized to receive such information. If you are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you think you have received this e-mail message in error, please notify the sender immediately. From: Fine, Amanda (NIH/OD) [E] < @nih.gov> Sent: Wednesday, December 22, 2021 7:43 PM To: Imhoff, Sarah (NIH/OD) [E] < @nih.gov>; Kern, Anna (NIH/OD) [E] < @nih.gov> Cc: Spruill, Crystal (NIH/OD) [C] < @nih.gov>; Prince, Scott (NIH/OD) [E] < @nih.gov>; Lankford, David (NIH/OD) [E] < @od31tm1.od.nih.gov>; Myles, Renate (NIH/OD) [E] < @mail.nih.gov>; Polimeni, Lydia (NIH/OD) [E] < @nih.gov> Subject: RE: PETA Lawsuit Update and Requests for Information Hi Sarah- Thanks for the update! I'm out next week, but Renate will be in. Good news on the extended deadline! Have a great holiday season and a happy new year! Amanda From: Imhoff, Sarah (NIH/OD) [E] < @nih.gov> Sent: Wednesday, December 22, 2021 6:52 PM To: Fine, Amanda (NIH/OD) [E] < @nih.gov>; Kern, Anna (NIH/OD) [E] < @nih.gov> Cc: Spruill, Crystal (NIH/OD) [C] < @nih.gov>; Prince, Scott (NIH/OD) [E] < @nih.gov>; Lankford, David (NIH/OD) [E] < @od31tm1.od.nih.gov>; Myles, Renate (NIH/OD) [E] < @mail.nih.gov>; Polimeni, Lydia (NIH/OD) [E] < @nih.gov> Subject: RE: PETA Lawsuit Update and Requests for Information Hi everyone, Happy holidays! I am following up from our last call. As an update, we just received another draft of the fact stipulation back from the Plaintiffs. It is now due to the court January 14, 2022 due to an extension request and we will be continuing to negotiate the facts with them over the next 3 weeks. I expect to have a few additional factual questions for you next week. In the meantime, I wanted to send you an answer to your question from our last call: Question: Could a decision in this case impact other NIH ICO social media accounts? Answer: It will likely not, because the case is limited to NIH's main Facebook and Instagram accounts. However, there is a small risk that a court may apply it more broadly if they rule for PETA. It is likely Plaintiffs will use broad wording in their briefs in order to have a wide scope to attack any policy that might apply NIH's main Facebook and Instagram pages. If a court rules for PETA, they may be ruling with that broad scope in mind and apply it to all of NIH and not the two specific accounts at issue. The DOJ has seen the court apply the decision more broadly than they should before. However, the DOJ has this scope on their radar and they will be sure to be extremely clear with the court that this concerns only the two social media pages, and if there was a ruling adverse to NIH it should be limited to these two pages only. This is why the DOJ sees a broader application to other NIH social media accounts as a small risk. Please let me know if you have any questions. Thank you,