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Freedom of Information Act Confidential Information

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 -

FOIA Rules over the CWA – Short and Simple

by Clark Hill PLC on

In what may be one of the shortest opinions of importance, the United States Court of Appeals for District of Columbia Circuit put an end to a Freedom of Information Act (FOIA) that closed down a challenge by the...more

In Lease Case, Maryland's Highest Court Brings State Law in Line With FOIA

by Ballard Spahr LLP on

Confidentiality is important for landlords and tenants in commercial lease transactions. For that reason, a recent Maryland Court of Appeals decision should be kept in mind when leases and other documents are submitted to...more

To Disclose or Not to Disclose? D.C. Circuit Resolves Clash Between FOIA’s Exemption 4 and Section 308 of the Clean Water Act

by K&L Gates LLP on

The U.S. Court of Appeals for the D.C. Circuit recently issued a significant decision addressing the interplay between a confidentiality provision in the Freedom of Information Act (“FOIA”), known as “Exemption 4,” and a...more

Exemption 4 of FOIA Not Revoked By Later Enacted CWA Section 308

On May 30, a panel of the U.S. Court of Appeals for the DC Circuit decided the case of Environmental Integrity Project, et al. v. EPA. Affirming the District Court, the Court of Appeals held that Exemption 4 of the Freedom of...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

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

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

Activist Groups Employ New FOIA Strategy in Seeking Confidential Information Relating to Business’ Imports/Exports of Animals and...

by Kelley Drye & Warren LLP on

Animal activist group plaintiffs have filed Freedom of Information Act requests seeking an enormous amount of data from the U.S. Fish and Wildlife Service relating to the import and export of wildlife specimens, and have sued...more

Legal Question of the Week – November, 2016 #2

by Shipman & Goodwin LLP on

Dear Legal Mailbag: It is tough being a coach, as I know from personal experience. I was the boys basketball coach before getting this gig as principal. Given my experience, I like to give the coaches at my school advice...more

Proskauer Joins Heads of SEC & OSHA Whistleblower Programs in Webinar

On September 27, 2016, Proskauer Partner Steven J. Pearlman, co-head of the Whistleblowing & Retaliation Practice Group, participated in a Bloomberg webinar with Jane Norberg, Acting Chief of the SEC Office of the...more

Blog: OFCCP Tweaks Scheduling Letter and Itemized Listing, but Diminishes Confidentiality Protection

by Cooley LLP on

The Office of Federal Contract Compliance Programs (“OFCCP”) announced that, as of July 1, 2016, it is using a new Scheduling Letter and Itemized Listing when it commences compliance reviews of federal contractors. Although...more

EEO-1 Pay Data Rule: The EEOC Listened (Sort of)

by Miles & Stockbridge P.C. on

In our February 29, 2016 blog, we warned of concerns employers should have about the EEOC’s proposal to begin collecting pay data as part of the EEO-1 form, currently filed by employers with more than 100 employees and some...more

EEOC to Publish Update to EEO-1 Pay Data Reporting Proposal

by Jackson Lewis P.C. on

The Equal Employment Opportunity Commission has released an update with revisions to its proposed EEO-1 pay data collection report. The proposal would have employers with at least 100 employees submitting to the EEOC all...more

The Freedom of Information Act Amended: Process and Pitfalls

by Conn Maciel Carey LLP on

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

Rule Change Would Let Law Enforcement Access Computers Remotely Regardless of Location

by Carlton Fields on

The Supreme Court recently adopted a proposed change to Rule 41 of the Federal Rules of Criminal Procedure that would allow a federal judge to issue warrants authorizing government agents to access computers located in any...more

Business and privacy law

by DLA Piper on

Recently a wealthy and high profile entertainer has gone all the way to the Supreme Court in a successful attempt to prevent publication of an account of their private life. The unnamed claimant was relying on basic human...more

EPA Can Withold Certain Wastewater Data from the Public

by Williams Mullen on

On March 29, 2016, a federal judge ruled that the Freedom of Information Act (“FOIA”) exemption for “confidential business information” (“CBI”) can cover wastewater discharge information collected by the United States...more

Internal Investigative Reports That Lead to Discipline Are Not Exempt Adjudicatory Records under FOIA

by Franczek Radelet P.C. on

An Illinois Appellate Court has further limited the public records that a public body can withhold from disclosure under Section 7(1)(n) of the Freedom of Information Act, which exempts “records relating to a public body’s...more

Environmental Notes - April 2016

by Williams Mullen on

EPA’s Office of Enforcement and Compliance Assurance recently proposed changes to its National Program Manager (NMP) Guidance that, in part, would revise EPA’s National Enforcement Initiatives (“NEIs”) for federal fiscal...more

Drafting Agendas: Three Reasons to be More Specific than “Attorney-Client Privileged Communication – Executive Session...

One of the most regularly used reasons to enter executive session is to discuss a matter that would result in the disclosure of communications that are privileged by the attorney-client relationship. The agenda item often...more

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

by King & Spalding on

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

OFCCP Launches Class Member Locator Website, Disclosing Conciliation Agreements

by Seyfarth Shaw LLP on

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

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

by Franczek Radelet P.C. on

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

SEE YOU IN COURT! - September 2015

by Shipman & Goodwin LLP on

The members of the Nutmeg Board of Education are a conscientious group, and they want to know everything about the operation of the Nutmeg Public Schools. For his part, Mr. Superintendent has tried to keep up with their...more

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