News & Analysis as of

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 -

Appellate Court Holding Extends FOIA to College Foundation

by Franczek Radelet P.C. on

Recently the Second District Appellate Court issued an opinion holding that the Illinois Freedom of Information Act (FOIA) applied to certain records in the possession of the College of DuPage Foundation, a 501(c)(3) entity...more

Uncharted Territory: Protestor Files Suit Challenging GAO’s Redaction Policy

We’ll be watching with interest as Pond Constructors, Inc. v. Government Accountability Office, No. 1:17-cv-00881, makes its way through the U.S. District Court for the District of Columbia. Following an unsuccessful bid...more

PAC Upholds Municipality’s Denial of Request for FOIA Fee Waiver

by Franczek Radelet P.C. on

The Public Access Counselor recently issued a non-binding opinion holding that public bodies have the discretion to decide whether to waive or reduce copying fees associated with the production of documents responsive to FOIA...more

The Expanding Definition of “News Media” Under FOIA

by Franczek Radelet P.C. on

In the age of Twitter and blogging, it is not always easy to tell who qualifies as a journalist or member of the media. But according to a recent advisory opinion from the Public Access Counselor of the Illinois Attorney...more

DC Circuit Considers Scope of FOIA Exemption 9

Federal government records, including business records submitted to the government, are subject to disclosure under the federal Freedom of Information Act (FOIA). However, FOIA exempts nine categories of government records...more

CAS Legal Mailbag Question of the Week – May, 2017 #2

by Shipman & Goodwin LLP on

Dear Legal Mailbag: When I signed up to be an administrator, I never realized what expansive rights nosy people have under the Freedom of Information Act. I understand that the public has the right to know certain things,...more

Trump Administration Restricts Privacy Rights for Non-U.S. Citizens

In another example of increased restriction on the rights of non-U.S. Citizens, on Thursday, April 27, the Department of Homeland Security (“DHS”) published a policy memorandum limiting the privacy rights of immigrants and...more

See You In Court! – May 2017

by Shipman & Goodwin LLP on

As Chair of the Finance Committee of the Nutmeg Board of Education, new Board member Penny Pincher is deeply concerned about the budget next year. Given the uncertainties regarding state funding, Seymour Dollars, venerable...more

CAS Legal Mailbag Question of the Week – May, 2017

by Shipman & Goodwin LLP on

Dear Legal Mailbag: I was just appointed principal of my school last fall. Despite my charming personality, I find that I am not the most popular person in my building. Originally published in the CAS Weekly Newsletter...more

CAS Legal Mailbag Question of the Week – April, 2017

by Shipman & Goodwin LLP on

Dear Legal Mailbag: Recently, a parent stopped by my office unannounced to complain that one of my teachers was rude to her darling little son. This is not the first time that she has leveled an accusation against one...more

EMA Consultation on the Revised Policy on Access to Documents

by Jones Day on

The EMA has launched a public consultation on the proposed revision to its policy on access to documents...more

FOIA for Federal Contractors: Finding New Uses for a Familiar Tool

by Pepper Hamilton LLP on

Freedom of Information Act (FOIA) updates bookended the Obama administration. We previously covered the 2007 congressional update that immediately preceded Obama’s taking office. We now offer insight into how federal...more

Connecticut Supreme Court To In-House Counsel: Your Internal Communications Are Privileged Only If Their "Primary" Purpose Was To...

by Pullman & Comley, LLC on

In September 2016, the Connecticut Supreme Court issued a decision providing guidance on questions that frequently bedevil in-house counsel: are internal communications to and from in-house counsel protected by the...more

See You In Court! - March 2017

by Shipman & Goodwin LLP on

Sally Scrivener was elected to the Nutmeg Board of Education last November, and she was surprised when her Board colleagues voted to elect her to serve as secretary of the Board. Sally is nothing if not conscientious, and she...more

Weekly Update Newsletter - February 2017 #3

by PilieroMazza PLLC on

GOVERNMENT CONTRACTS - Procedural Rules and Regulations - The National Labor Relations Board (“NLRB”) amended its procedural rules and regulations to (1) reflect modern technology, such as E-Filing, and eliminate...more

CAS Legal Mailbag Question of the Week – February, 2017 #3

by Shipman & Goodwin LLP on

Life is not all data team meetings and cafeteria supervision. Two months ago, I met a wonderful woman on Tinder, and our relationship has blossomed ever since. Originally published in the CAS Weekly Newsletter -...more

See You In Court! – February 2017

by Shipman & Goodwin LLP on

This budget season has been the worst in memory for the Nutmeg Board of Education. Next year will be the second year of a three-year contract with the Nutmeg Union of Teachers (NUTS), and that contract includes a salary...more

Recap of HUD’s Early January Guidance

by Ballard Spahr LLP on

Earlier this month, the US Department of Housing and Urban Development (HUD) issued a number of final rules and notices...more

CAS Legal Mailbag Question of the Week – January, 2017 #3

by Shipman & Goodwin LLP on

Dear Legal Mailbag: As a high school administrator, I have to do those bullying investigations from time to time. As required by the law, I recently informed a rather over-involved parent that I had started investigating...more

California Environmental Law & Policy Update - January 2017 #3

by Allen Matkins on

Environmental and Policy Focus - Trump EPA pick: still 'some debate' over human role in climate change - The Guardian - Jan 18 - During a combative Senate confirmation hearing this week, Scott Pruitt,...more

The Final Four Binding PAC Opinions of 2016 Remind School Districts of FOIA and OMA Requirements

by Franczek Radelet P.C. on

In the final days of the year, the Illinois Public Access Counselor (PAC) issued four binding opinions that reiterate the requirements of both the Freedom of Information Act (FOIA) and the Open Meetings Act (OMA). Below is a...more

The Financial Report, Volume 6, Number 1 - January 2017

by DLA Piper on

As we enter our sixth year of publication, I am reminded of the old curse (or is it a blessing?), “may you live in interesting times.” Before our next edition is published, a new President will be seated in the Oval Office...more

Informing Illinois Newsletter - January 2017

by Hinshaw & Culbertson LLP on

How to Protect Business Information From Disclosure Under Illinois' FOIA - Local governments often possess sensitive proprietary information of their vendors or of regulated businesses. Because the Illinois Freedom of...more

Weekly Update Newsletter - December 2016 #5

by PilieroMazza PLLC on

GOVERNMENT CONTRACTS - Submission for Office of Management and Budget Review; Payment of Subcontractors - On January 20, 2016, the Department of Defense, Government Accountability Office, and National Aeronautic and...more

Tax Litigation Update – Fall 2016

by King & Spalding on

Tax Court Denies Commissioner’s Motion to Compel After Predictive Coding Used to Identify Responsive Documents - On July 13, 2016, Judge Ronald Buch of the Tax Court denied the Commissioner’s motion to compel Dynamo...more

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