News & Analysis as of September 18, 2024

Freedom of Information Act › Administrative Procedure Act

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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 -

Court Ruling Reshapes the Landscape of FOIA Compliance: DOC vs. EFF

Whitcomb Selinsky, PC on 12/7/2023

Appellate law and ALJ's decisions play a crucial role in upholding justice and ensuring fair proceedings in legal cases. The recent legal dispute between the Electronic Frontier Foundation (EFF) and the Department of Commerce...more

Juul Labs, Inc. v. FDA: A FOIA Twist on the Challenge to FDA's Marketing Denial Order

Troutman Pepper on 5/25/2023

Recent Freedom of Information Act (FOIA) litigation raises an interesting question: When federal agency action requires analyses under a holistic, multi-factor statutory standard, may the agency withhold from disclosure as...more

Hidden FDA Report Raises Questions About Its Approach to Public Records and Premarket Tobacco Review

Troutman Pepper on 3/15/2023

FDA’s approach to a premarket tobacco product application (PMTA) raises new questions about whether its marketing denial order was arbitrary and capricious and whether the deliberative-process exemption justifies its...more

OFCCP Week In Review - January 2023 #4

DirectEmployers Association on 1/24/2023

Tuesday, January 17, 2023: U.S. Appellate Court for D.C. Circuit Blocked Key Aspects of Trump-Era NLRB Union Election Rule - Trump NLRB Should Have Sought Public Comment on 3 Key Changes, Court Majority Ruled - ...more

A Recap of the Supreme Court’s 2019 Summer Slate

Pillsbury - Gravel2Gavel Construction & Real... on 7/9/2019

As usual, the last month of the Supreme Court’s term generated significant rulings on all manner of cases, possibly presaging the new directions the Court will be taking in administrative and regulatory law....more

OSHA Releases Revisions to Electronic Recordkeeping Rule

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/28/2019

On January 25, 2019, the Occupational Safety and Health Administration (OSHA) published in the Federal Register its revisions to its electronic recordkeeping rules. As expected, OSHA eliminated the requirement for employers...more

The Freedom of Information Act Amended: Process and Pitfalls

Conn Maciel Carey LLP on 7/13/2016

On June 30, 2016, President Obama signed into law the FOIA Improvement Act of 2016, Pub. L. No. 114-185, which made significant changes to the Freedom of Information Act, 5 U.S.C. § 552, et seq. (“FOIA”). FOIA can be a great...more

A Court Must Expressly Retain Jurisdiction to Enforce the Terms of a Settlement Agreement

Haight Brown & Bonesteel LLP on 1/25/2016

In Mirsad Hajro and James R. Mayock v. United States Citizenship and Immigration Services, et al. (collectively, “USCIS”), 2016 S.O.S. 11-17948, The Ninth US Circuit Court of Appeals held that it had jurisdiction to review...more

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