FOIA

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.

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News & Analysis as of May 21, 2013

Can Virginia Block Non-Residents from FOIA Requests? Supreme Court Hears Oral Arguments

Time For The White House To Step In? Patchwork State Fracking Regulations Will Spawn FOIA And Trade Secrets Lawsuits

by Sally Lee, Siddhartha Venkatasen | Orrick - Trade Secrets Group on 5/15/2013

With a growing number of states demanding disclosure of its fracking recipes, the oil and gas industry is fighting to plug what it views as government-mandated leaks in its trade secrets pipeline....more

Supreme Court Upholds Limitations on Non-Residents’ Access to Public Information

by Elissa Flynn-Poppey, Kelly Frey | Mintz Levin on 5/13/2013

On April 29, 2013, the Supreme Court of the United States issued a unanimous decision upholding citizen-specific limitations in the State of Virginia’s Freedom of Information Act (the “Act”). The Act provides that “all public...more

The Power Of “Why” In The Exercise Of Discretion To Disclose

by Tim Banks | Dentons on 5/1/2013

Asking “why” is a powerful deterrent to over collection and, as a recent Alberta case demonstrates, can be a powerful check on “over disclosure”....more

Supreme Court Rejects Constitutional Challenge to Virginia Public Records Law

by Charles Coble | Brooks Pierce on 4/30/2013

In a unanimous decision authored by Justice Alito, the U.S. Supreme Court today turned away a constitutional challenge to residency requirement of the Virginia Freedom of Information Act. As we previously reported, the Court...more

Plan’s Funded Status Required to be Disclosed under Freedom of Information Request

by Stephanie Kauffman | Osler, Hoskin & Harcourt LLP on 4/5/2013

Pension plan sponsors may be surprised to learn that information provided to pension regulators pursuant to statutory filing obligations could be more widely disclosed through an “access to information” request. In a recent...more

SEC Oversight of FINRA Exempt from FOIA Request

by Dean Razavi, Emily Stern | Katten Muchin Rosenman LLP on 3/27/2013

The District Court for the District of Columbia has held that the Securities and Exchange Commission is exempt from producing documents relating to its audit, inspections, and review of the Financial Industry Regulatory...more

Corporate and Financial Weekly Digest - March 22, 2013

by Katten Muchin Rosenman LLP on 3/25/2013

In this issue: - NASDAQ Proposes Internal Audit Function Requirement for Listed Issuers - FINRA’s Frequently Asked Questions on Electronic Blue Sheet Submissions Updated Regarding Order Execution Time -...more

McAfee & Taft tIPsheet - March 2013: Is your trade secret safe with me? Trade secrets and the federal Freedom of Information Act

by Rachel Blue | McAfee & Taft on 3/8/2013

Most states have adopted some version of the Uniform Trade Secrets Act, which is designed to prevent the disclosure of trade secrets. FOIA, or the Freedom of Information Act, allows individuals to access records collected by...more

Green Building Update -- February 27, 2013

by Bryan C. Jackson, Andrew Ouvrier | Allen Matkins Leck Gamble Mallory & Natsis... on 3/4/2013

In This Issue: Green Building Focus - TPA targets federal government's use of LEED; NRC says military should use LEED despite political pressure; New green high school in Oregon; SFMOMA expansion to include green...more

Iowa Immigration Law Blog: Handy tool from DHS

by Lori Chesser | Davis Brown Law Firm on 2/26/2013

Department of Homeland Security recently rolled out an on-line tool to check the status of a Freedom of Information Act request. The Freedom of Information Act (FOIA) allows the public to request government documents....more

Supreme Court Hears Argument on States’ Ability to Exclude Public Records Access for Non-Citizens

by Jason Britt, John Zabriskie | Foley & Lardner LLP on 2/22/2013

On February 20, 2013, the U.S. Supreme Court heard oral argument in McBurney v. Young, No. 12-17, a case with potentially major implications for businesses that use state freedom of information acts (FOIAs) to obtain...more

Can Virginia Block Non-Residents from FOIA Requests? Supreme Court Hears Oral Arguments [Video]

by LXBN on 2/20/2013

The Supreme Court heard oral arguments this afternoon on whether or Virginia could legally restrict out-of-staters from accessing documents through the state’s open government laws. The plaintiffs presented a number of...more

CFPB Releases First MOU With Tribal Government

by BuckleySandler LLP on 2/20/2013

On February 12, the CFPB released a memorandum of understanding (MOU) it entered into last month with the Navajo Nation Department of Justice, pursuant to which the parties will share information. ...more

CFPB Issues Final Rule On FOIA And Litigation Procedures

by Stephen M. Quinlivan | Leonard, Street and Deinard - Dodd-Frank and... on 2/18/2013

The CFPB has issued a final rule that establishes procedures for the public to obtain information from the Bureau of Consumer Financial Protection, under the Freedom of Information Act, the Privacy Act of 1974, and in legal...more

Balancing The Burdens Of Transparency In The Illinois Freedom Of Information Act

by Jackie Wernz | Franczek Radelet P.C. on 2/6/2013

A recent Chicago Tribune editorial, “The burden of transparency” asks a provocative question: does the unduly burdensome exemption in the Illinois Freedom of Information Act (FOIA) allow an unfair loophole for public bodies...more

Confidentiality Issues in Government Contracting: Promoting Open Government and Fair Competition

by Casey Johnson, Nancy Smith | Nossaman LLP on 2/4/2013

State public records acts and the federal Freedom of Information Act (FOIA) were enacted to prevent favoritism and corruption, but have had unintended consequences on competition for public projects. As discussed in a recent...more

EEOC Opens Service Center in Los Angeles for People Seeking Release of Documents Under FOIA, Section 83

by U.S. Equal Employment Opportunity Commission... on 1/18/2013

Center is Second in the Country, Joining Original in Washington Headquarters - LOS ANGELES - The U.S. Equal Employment Opportunity Commission (EEOC) announced today it has launched a Requester Service Center at the...more

Mintz Levin Files FOIA Request for DOL Prevailing Wage Data

by Douglas Hauer | Mintz Levin - Immigration on 12/31/2012

On December 7, 2012, Mintz Levin filed a request under the Freedom of Information Act (“FOIA”) with the U.S. Department of Labor (“DOL”). The request seeks disclosure of all documentation relating to prevailing wages,...more

EPIC to Department of Defense: Maintain Strong Open Government Rules

by Electronic Privacy Information Center on 12/7/2012

EPIC has submitted extensive comments to the Defense Logistics Agency, an agency component within the Department of Defense, opposing changes to the Freedom of Information Act (FOIA). The agency's proposals will substantially...more

Objections to FCC Disclosure of Cable Company Pricing Data Due Nov. 26, 2012

by Burt Braverman | Davis Wright Tremaine LLP on 11/21/2012

The Federal Communications Commission (FCC) issued a public notice on Nov. 16, 2012 (DA-12-1855A1) notifying cable operators of a Freedom of Information Act (FOIA) request for public disclosure of pricing, tiering and system...more

Illinois Appellate Court Decides Two FOIA Cases on Fees that Public Body Can Charge and Justification for Attorneys’ Fees

by Franczek Radelet P.C. on 11/1/2012

In two recent decisions, the Illinois Appellate Court clarified the fees that a public body can charge for copying records pursuant to a Freedom of Information Act (FOIA) request and the circumstances justifying the...more

Internal Emails Reveal FDA's Concerns With Voluntary Animal Antibiotic Policies

by InsideHealthPolicy.com on 10/19/2012

An internal FDA memo circulated last month shows the agency is mulling timeframes for animal drug sponsors to comply with new voluntary policies intended to reduce the subtherapeutic use of antibiotics in food animals, but...more

EPIC Urges Privacy Safeguards for Defense Department Cybersecurity Program

by Electronic Privacy Information Center on 7/12/2012

EPIC has submitted comments to the Department of Defense, urging the agency to protect individual privacy when it obtains detailed information about Internet users from the private sector. Under current Department...more

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FOIA

Time For The White House To Step In? Patchwork State Fracking Regulations Will Spawn FOIA And Trade Secrets Lawsuits

Supreme Court Upholds Limitations on Non-Residents’ Access to Public Information

The Power Of “Why” In The Exercise Of Discretion To Disclose

Supreme Court Rejects Constitutional Challenge to Virginia Public Records Law

Plan’s Funded Status Required to be Disclosed under Freedom of Information Request

SEC Oversight of FINRA Exempt from FOIA Request

Corporate and Financial Weekly Digest - March 22, 2013

McAfee & Taft tIPsheet - March 2013: Is your trade secret safe with me? Trade secrets and the federal Freedom of Information Act

Green Building Update -- February 27, 2013

Iowa Immigration Law Blog: Handy tool from DHS

Supreme Court Hears Argument on States’ Ability to Exclude Public Records Access for Non-Citizens

Can Virginia Block Non-Residents from FOIA Requests? Supreme Court Hears Oral Arguments [Video]

CFPB Releases First MOU With Tribal Government

CFPB Issues Final Rule On FOIA And Litigation Procedures

Balancing The Burdens Of Transparency In The Illinois Freedom Of Information Act

Confidentiality Issues in Government Contracting: Promoting Open Government and Fair Competition

EEOC Opens Service Center in Los Angeles for People Seeking Release of Documents Under FOIA, Section 83

Mintz Levin Files FOIA Request for DOL Prevailing Wage Data

EPIC to Department of Defense: Maintain Strong Open Government Rules

Objections to FCC Disclosure of Cable Company Pricing Data Due Nov. 26, 2012

Illinois Appellate Court Decides Two FOIA Cases on Fees that Public Body Can Charge and Justification for Attorneys’ Fees

Internal Emails Reveal FDA's Concerns With Voluntary Animal Antibiotic Policies

EPIC Urges Privacy Safeguards for Defense Department Cybersecurity Program

Can Virginia Block Non-Residents from FOIA Requests? Supreme Court Hears Oral Arguments [Video]

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