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Freedom of Information Act Discovery

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 -
Troutman Pepper

FOIA Exemption Questions on Redacted HHS Cannabis Letter

Troutman Pepper on

The principle of open government is foundational to a healthy democracy, and the availability of government records upon request from the public is one of its chief cornerstones. Originally published in Law360 - January 5,...more

EDRM - Electronic Discovery Reference Model

[Webinar] Donald Trump, Mar-A-Lago & AI: Contextualizing The Presidential Records Act Scandal In An Era of Electronic Records -...

The indictment of former President Trump in connection with boxes of records taken from the White House to Mar-A-Lago has spotlighted the importance of how classified records should be handled by government officials....more

Association of Certified E-Discovery...

[Webinar] Lighting the Way: 2021 Ediscovery Trends & Everlaw’s 2022 Predictions - January 6th, 1:00 pm - 2:00 pm EST

Last year was a time of change and disruption. The legal ecosystem has been impacted dramatically by legal professionals shifting to hybrid and remote working environments. As a result, adopting cloud-based solutions like...more

Reveal

Practical Solutions To Public Records Request Challenges

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When it comes to data and records management functions at government agencies, recent years have been trying times. A number of concerning trends have continued to be a factor, such as the growth of the data generated by...more

Reveal

To Address Growing FOIA Backlogs, Government Agencies Need to Govern More

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That’s all we need, right, for our government agencies to govern MORE? Let me explain. We tend to think about government agencies differently from other entities that may have discovery needs and they are different – to a...more

Reveal

[Online Conference] Information Governance, GDPR & Privacy, and eDiscovery - September 27th - 29th, 10:00 am - 1:30 pm CEST

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ZyLAB’s first online event, ZyLAB Europe Show, is happening! Join us for a three-day virtual conference to empower and connect legal & eDiscovery professionals. You'll gain strategic knowledge and new perspectives around...more

Reveal

Sensitive Information | How To Properly Apply Redactions And Avoid Inadvertent Disclosures

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Lawyers handle tremendous amounts of sensitive information every day: their clients’ personal data, including both personally identifiable information (PII) and protected health information (PHI), intellectual property, trade...more

Reveal

Putting the “Govern” Into Information Governance

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Last year, I published a six-part series associated with EDRM’s Information Governance Reference Model (IGRM) on the Ipro blog. I discussed the five stakeholder groups as a whole... plus I discussed each of the stakeholder...more

Association of Certified E-Discovery...

[Webinar] Privacy Matters - December 10th, 1:00 pm - 2:00 pm EST

Join us for a conversation with Kenya Dixon, General Counsel and Operating Officer at the Empire Technologies Risk Management Group and former Director of Information Governance at the White House about how PII Identification...more

Association of Certified E-Discovery...

[Webinar] Email Investigation Best Practices: What We’ve Learned From Recent FOIA Releases - July 23rd, 1:00 pm - 2:00 pm ET

The smoking gun isn’t a gun anymore; it’s an email, text or instant message. This interactive session will focus on strategies and best practices around email investigations illustrated with real documents obtained through...more

Bass, Berry & Sims PLC

Adding Insult to Injury: When an FCA Complaint Begets Follow-On Corporate Litigation

Bass, Berry & Sims PLC on

The Delaware Supreme Court recently affirmed a decision by the Delaware Court of Chancery addressing a plaintiff’s ability to acquire key documents from a defendant company based on allegations against that company in an...more

Pullman & Comley - School Law

Foliage, Frost, Frozen Ponds And The FOIA (Part Two): Can You See My Notes (And Calendar)?

For those who still cannot get enough after my latest post on the Freedom of Information Act [“FOIA”], here are more nuggets from the Freedom of Information Commission [“FOIC”]. Today, we focus on written notes and calendar...more

McGuireWoods LLP

Does the Opinion Work Product Doctrine Protect the Identity of Documents a Litigant Obtains from a Third Party?

McGuireWoods LLP on

Many courts extend opinion work product protection to a lawyer's selection of intrinsically unprotected documents used to prepare a deponent, the identity of witnesses important enough to interview, etc. This approach is...more

Snell & Wilmer

Amended Federal Rules on Discovery to Impact Environmental Litigation

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The Federal Rules of Civil Procedure were recently amended. Amongst the changes, perhaps the most significant are the changes to discovery under Rule 26. Previously, parties were entitled to conduct discovery regarding...more

Beveridge & Diamond PC

Public Records in Massachusetts: Legislature looks to Improve Access and Top Court Clarifies Attorney-Client and Work-Product...

The combined efforts of Massachusetts’ highest court, its legislature, and the Governor’s office are clarifying and modernizing Massachusetts public records law, which is considered by some to be one of the weakest in the...more

Dorsey & Whitney LLP

Cooperation, the SEC and FOIA

Dorsey & Whitney LLP on

A critical part of cooperating with an SEC or DOJ investigation for FCPA or other possible violations is the production of documents. In order for the company to assess what happened it must conduct an internal investigation...more

Ballard Spahr LLP

FOIA Lawsuit Filed Challenging CFPB Research Methodology

Ballard Spahr LLP on

The law firm Covington & Burling LLP has filed a Freedom of Information Act (FOIA) lawsuit against the CFPB in Washington, D.C. federal district court seeking  information relating to the CFPB’s report on, “Consumer Voices on...more

Foley Hoag LLP - Environmental Law

The SJC Walks Back the GE Decision; State Agencies Can Protect Work Product

In its 1999 decision in GE v. DEP, the SJC surprised most Massachusetts lawyers by ruling that the Commonwealth’s Public Records Act (our version of FOIA) did not have an exemption for work product materials and that it had...more

Pullman & Comley - Labor, Employment and...

Be Careful – Complying with Separation Agreements and Personnel File Issues

Parties often include in separation agreements a confidentiality provision, along with a provision indicating that the agreement is not to be included in the soon-to be former employee’s personnel file. Sometimes, such...more

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