News & Analysis as of September 20, 2024

Freedom of Information Act › Exemptions

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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 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 Exemption Questions on Redacted HHS Cannabis Letter

Troutman Pepper on 4/5/2024

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

Marketing Private Funds to U.S. Investors — A Practical Guide for Asia-Based Managers

Morrison & Foerster LLP on 7/6/2023

As the private equity (“PE”) and venture capital (“VC”) funds industry grows and matures in Asia, managers are increasingly looking to market interests in their funds to U.S.-based investors. However, many Asia-based managers...more

Liquid Animal Waste Management Systems/Nutrient Management Plans: Legislation Introduced Transferring Agency Authority for...

Mitchell, Williams, Selig, Gates & Woodyard,... on 3/30/2023

House Bill (“HB”) 1706 and 1707 have been introduced which address issues associated with liquid waste management systems permitting and nutrient management plans. Both bills are sponsored by Representative Vaught and...more

OFCCP Sued to Compel Release of EEO-1 Data

Littler on 11/23/2022

Readers will recall that in August 2022, OFCCP published a notice in the Federal Register advising employers that it was the subject of a Freedom of Information Act (FOIA) request seeking EEO-1 data from all federal...more

I Object! – OFCCP Extends Deadline to October 19 to Submit Objections to FOIA Request for All Type 2 Consolidated EEO-1 Reports

Polsinelli on 9/16/2022

Yesterday OFCCP announced that it is extending the deadline to respond to and submit objections pursuant to its August 19, 2022, Notice in the Federal Register regarding a Freedom of Information Act (“FOIA”) request from Will...more

OFCCP Extends Deadline for Objecting to Proposed Disclosures of EEO-1 Data

Littler on 9/16/2022

As outlined in our August 22 Insight, OFCCP announced an intention to produce federal contractors’ Type 2 EEO-1 data in response to a FOIA request from the Center for Investigative Reporting (CIR). Employers were given until...more

FOIA Request May Disgorge Thousands of Federal Contractor EEO-1 Reports – Deadline to Object Is September 19, 2022

Epstein Becker & Green on 8/25/2022

On August 18, the US Department of Labor, Office of Federal Contract Compliance Programs (“OFCCP”) announced that it had received a Freedom of Information Act (“FOIA”) request from the Center for Investigative Reporting...more

OFCCP Plans to Disclose Confidential Employer EEO-1 Data: Can Employers Protect Their Information?

Littler on 8/22/2022

On August 19, 2022, OFCCP published a notice in the Federal Register for the stated purpose of advising employers that in response to a Freedom of Information Act (FOIA) request, it is planning to produce confidential...more

Beltway Buzz - August 2022 #3

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/22/2022

Inflation Reduction Act: Guidance on the Way? On August 16, 2022, President Biden signed into law the Inflation Reduction Act of 2022, Democrats’ $737 billion reconciliation bill that focuses on tax reform, climate change,...more

OFCCP Issues 30-Day FOIA Notice to Contractors and Subcontractors

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/19/2022

On August 18, 2022, the Office of Federal Contract Compliance Programs (OFCCP) issued unpublished notice of a broad Freedom of Information Act (FOIA) request that impacts the federal contracting community. An investigative...more

PAC Issues Two New Binding Opinions Concerning FOIA

Franczek P.C. on 8/12/2022

The Illinois Public Access Counselor (PAC) recently issued two new binding opinions concerning the FOIA—one upholding a public body’s denial of a FOIA request for union records and another finding application materials for...more

[Webinar] Protecting Your Confidential Information: FOIA Exemption 4 for Government Contractors - September 15th, 2:00 pm - 3:00...

PilieroMazza PLLC on 7/15/2022

The Freedom of Information Act allows government agencies to release any record in their possession unless one of nine exemptions applies. Exemption #4—the focus of this webinar—protects information considered “trade secrets...more

PAC Issues New Binding Opinion Regarding Personal and Pre-Decisional Exemptions Under FOIA

Franczek P.C. on 4/20/2022

The PAC recently released its second binding opinion of 2022, which provides helpful analysis and guidance regarding the personal and pre-decisional exemptions under the FOIA. The PAC determined that the City of Chicago...more

Illinois PAC Rejects FOIA Exemption for Communications with an Interested Third Party

Franczek P.C. on 6/25/2021

The Illinois Attorney General’s Public Access Counselor recently issued a binding opinion holding that the Illinois Freedom of Information Act exemption for predecisional records does not apply to communications from a public...more

New Binding Opinion on Scope of FOIA for Third Parties and Proprietary Information

Franczek P.C. on 8/18/2020

In a rare binding opinion, the Illinois Attorney General’s Public Access Counselor (PAC) opined that certain information in the sole possession of a vendor that had contracted with the Illinois Department of Corrections...more

With FOIA, Redacting Student Names Will Not Always Protect Student Privacy

Franczek P.C. on 2/4/2020

A recent informal Illinois Attorney General Public Access Counselor decision interpreting the Freedom of Information Act is an important reminder that redacting student names from public records is not always sufficient to...more

Is Your Trade Secret Safe Under FOIA?

Fenwick & West LLP on 1/28/2020

In June 2019, the U.S. Supreme Court decided Food Marketing Institute. v. Argus Leader Media. The case marked the Court’s first chance to address an important question: When can (or cannot) the federal government withhold...more

SEC Staff Issues CF Disclosure Guidance on Confidential Treatment Requests

Skadden, Arps, Slate, Meagher & Flom LLP on 1/17/2020

In December 2019, the Division of Corporation Finance (Staff) of the U.S. Securities and Exchange Commission issued new "CF Disclosure Guidance: Topic No. 7" (Guidance) regarding confidential treatment requests pursuant to...more

SEC Issues Streamlined Guidance for Confidential Treatment Requests

Kramer Levin Naftalis & Frankel LLP on 1/3/2020

On Dec. 19, 2019, the Division of Corporation Finance of the SEC updated its guidance with respect to the SEC’s procedures for confidential treatment applications (CTAs). In April 2019, the SEC adopted a streamlined procedure...more

Supreme Court Expands Trade Secrets Exemption from FOIA

McDonnell Boehnen Hulbert & Berghoff LLP on 12/20/2019

Businesses often worry that the information they provide to the government will be disclosed, and with good reason – such information is presumptively available to the public under the Freedom of Information Act...more

Department of Justice Issues New Guidance on Definition of "Confidential" under FOIA Exemption 4

Holland & Hart LLP on 10/24/2019

The Department of Justice (“DOJ”) recently issued guidance defining the types of information that qualify as “confidential” under Exemption 4 of the Freedom of Information Act (“FOIA”). This guidance follows the Supreme...more

Department of Justice Issues New Guidance on Exemption 4 to the Freedom of Information Act

Pillsbury Winthrop Shaw Pittman LLP on 10/21/2019

On Oct. 4, 2019, the DOJ issued guidance for determining whether commercial or financial information provided by a person or company is “confidential” under FOIA Exemption 4. When preparing reverse-FOIA submissions, a...more

On the Cutting Edge of the Arkansas Freedom of Information Act: 2019 Legislative Changes and Updates

Mitchell, Williams, Selig, Gates & Woodyard,... on 8/21/2019

As is the case seemingly anytime that the General Assembly is called to session, this year they made some notable changes to the Arkansas Freedom of Information Act. Several of those changes went into effect last month, and...more

Protecting Government Contractors’ Confidential Information Just Got Easier

Bass, Berry & Sims PLC on 7/25/2019

At the end of June, the U.S. Supreme Court issued an important Freedom of Information Act (FOIA) decision that decreases the burden on contractors seeking to protect confidential information. As most contractors are aware,...more

Is the U.S. Supreme Court’s FOIA Decision a Game Changer for Companies Seeking to Prevent Disclosure of Proprietary Information?

Perkins Coie on 7/24/2019

In its recent decision in Food Marketing Institute v. Argus Leader Media d/b/a Argus Leader, No. 18-481, the U.S. Supreme Court rejected a decades-old legal standard for companies that wish to shield their business...more

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Freedom of Information Act › Exemptions

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