Freedom of Information Act

The Freedom of Information Act is a United States federal statute enacted in 1966 to promote government transparency and the free exchange of public information. Under FOIA, any individual can request federal... more +
The Freedom of Information Act is a United States federal statute enacted in 1966 to promote government transparency and the free exchange of public information. Under FOIA, any individual can request federal agency records and enforce that right in a court of law. However, not all agency records can be requested; there are nine exempt categories of information. In addition to the federal law, many states have passed their own freedom of information acts. These acts are often similar but not always identical to the federal version.  less -
News & Analysis as of

Expanding Scope of Federal Wiretapping Powers

USA Today’s front-page headline, above the fold, on November 12, 2015 read, “Massive Wire-tapping Operation in L.A.” The secondary headline read, “Drug Agents Intercept More Than 2 Million Conversations in USA.” ...more

Municipal Legal News: Volume 1, Number 2 November 2015

Employment Requirements for Building Officials - The Michigan Attorney General has interpreted a recent law requiring municipal building officials to be “employed” by a municipality to mean that building officials cannot...more

ICO upholds FCA FOI disclosure refusal

ICO has upheld the FCA decision to refuse to disclose certain information under the Freedom of Information Act 2000 (FOI) relating to countries FCA deems to present a high money laundering risk. FCA had been asked to disclose...more

FOIA is FUN: Somewhat Recent Reminders from the Freedom Of Information Commission

Although it is known as the “Sunshine Law,” the idea of summer fun is usually not synonymous with the Freedom of Information Act [“FOIA”]. Nevertheless, as we lament the passing of time (and loss of daylight), Connecticut’s...more

SEE YOU IN COURT – November 2015

Negotiations with the Nutmeg Union of Teachers (NUTS) went better than usual this year. NUTS did not waste a lot of time trying to usurp management rights, and it focused instead on the bread-and-butter issues of salary and...more

Are Attorneys Entitled to “HIPAA Rate”?

Over the past year, numerous lawsuits and complaints to the HHS Office for Civil Rights (“OCR”) have been filed by plaintiffs’ attorneys over a seemingly obscure HIPAA issue – the rate that health care providers and their...more

CMS Proposes Sweeping Changes to Medicare Reimbursement for Clinical Diagnostic Laboratory Tests

First Data Collection Period for Clinical Laboratories Is July 1, 2015 to December 31, 2015 - In the October 1, 2015 Federal Register, the Centers for Medicare & Medicaid Services (CMS) published a proposed rule...more

California Court: School Districts Cannot Prevent Posting of Videos of Open Board Meetings

Our friends over at the EdLawConnectBlog in California published a blog about an interesting case from the Golden State that school leaders from across the country may find interesting. The case addressed whether school...more

SEE YOU IN COURT – October 2015

Bob Bombast, veteran member of the Nutmeg Board of Education, has been vocal in his opposition to state testing based on the Common Core State Standards. When Mr. Superintendent reported last month on the poor test results...more

FCA publishes data bulletin

FCA has published its data bulletin, highlighting areas of interest for users. This edition covers: - talking to FCA: this part looks at the innovation hub, letters received from Members of Parliament, information...more

CAS Legal Mailbag Question of the Week – 10/9/15

One of my teachers is a nosy parker, and she is always getting involved in things that are none of her business, at least officially. I have tried to ignore her because I have better things to do, but it looks like she got...more

Re-use of Public Sector Information Regulations 2015 finally in force

On 18 July 2015, the Re-use of Public Sector Information Regulations 2015 (SI 2015/1415) (‘the New Regulations’) came into force, replacing the 2005 Regulations of the same name (SI 2005/1515)....more

2015 Legislative Update: Summary Of Changes In School Law

ADMINISTRATION - LALI’S LAW (HEROIN CRISIS ACT) - Public Act 99-0480 - Effective Date: September 9, 2015 - School districts, public schools, or nonpublic schools may now authorize a school nurse or trained...more

Virginia Supreme Court Opinion Affecting Local Government Law: September 17, 2015

The Virginia Supreme Court issued opinions on September 17, 2015 during its recent term.  This term resulted in one opinion affecting Virginia local government law, in the area of the Freedom of Information Act.  The opinion...more

EEOC Launches FOIAXpress to New Automated Program for FOIA Requests

Program Will Allow Users to Electronically File, Appeal and Monitor Their Freedom of Information Act Requests - WASHINGTON -- The U.S. Equal Employment Opportunity Commission (EEOC) announced the launch of FOIAXpress...more

FERC Seeks to Expand Electricity Market Surveillance with New Data Reporting Requirements

On September 17, 2015, the Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (NOPR) to expand the obligations of Regional Transmission Organizations and Independent System Operators...more

When Is Medical Information Considered Sensitive?

As discussed in yesterday’s post, the Securities and Exchange Commission has proposed that persons involved in administrative proceedings be required to submit all documents and other items electronically.  Under the SEC’s...more

OFCCP Launches Class Member Locator Website, Disclosing Conciliation Agreements

Today, the Office of Federal Contract and Compliance Programs (OFCCP), launched its “Class Member Locator,” a website designed to help the agency “identify protected class members” that may have been affected by illegal...more

SEC Proposes “A Clearly Unwarranted Invasion of Personal Privacy”

Last week, the Securities and Exchange Commission proposed that persons involved in administrative proceedings be required to submit all documents and other items electronically.  The SEC is proposing these rules as part of...more

FERC NOPR Seeks Access to Additional Electric Reliability Data

At its September 17, 2015 Open Meeting, the Federal Energy Regulatory Commission (“Commission” or FERC) issued a Notice of Proposed Rulemaking (“NOPR”) that would require the North American Electric Reliability Corporation...more

PAC Finds Student Discipline Records, Even if Redacted, Identified Students and Were Exempt from FOIA

The Illinois Attorney General’s Public Access Counselor (PAC) issued a non-binding opinion that provides guidance on what constitutes a school student record as provided in the Illinois School Student Records Act (ISSRA) and...more

Disclosure Of Numerous Hacks At The U.S. Department Of Energy Renews Cybersecurity Concerns In The Energy Sector

Records produced by the U.S. Department of Energy (“DOE”) to USA TODAY under a Freedom of Information Act request revealed over 150 successful cyber intrusions into DOE computer systems between 2010 and 2014. Concerns about...more

FCA Cases and SBA Protests

False Claims Act - As you know, the False Claims Act suit is brought against a contractor (whether through a whistleblower/relator or by the government alone) and carries very heavy civil and potentially criminal...more

Trade Secrets Protected From Disclosure Under FOIA…Except For When They Aren’t

We have previously reported about protecting trade secrets from disclosure after a FOIA request. There is something to be said for immediate action and intervening to protect your trade secrets, but sometimes that just isn’t...more

The Employment Expansion Trifecta: The Wage and Hour Division, The National Labor Relations Board, and . . . OSHA?

Perhaps it is the end of racing season in Saratoga, but the federal employment agencies are certainly looking to hit the trifecta against independent contractors, franchisors, parent companies, and similar entities under the...more

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