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Public Disclosure Freedom of Information Act

ArentFox Schiff

FDA Draft Guidance Provides Further Details on New Cosmetic Product Facility Registration and Product Listing Requirements

ArentFox Schiff on

Earlier this week, the US Food and Drug Administration (FDA) issued draft Q&A guidance entitled “Registration and Listing of Cosmetic Product Facilities and Products,” which clarifies the agency’s expectations regarding the...more

Mintz - Health Care Viewpoints

FDA Publishes Draft Guidance on Cosmetic Product Facility Registration and Cosmetic Product Listing

On August 7, 2023, the Food and Drug Administration (FDA) published Draft Guidance for Industry: Registration and Listing of Cosmetic Product Facilities and Products (the Draft Guidance), which provides much-needed...more

Spilman Thomas & Battle, PLLC

Virginia Supreme Court Ruling Impacts Confidentiality of Government Employee Personnel Records

In October 2022, the Virginia Supreme Court decided the case of Hawkins v. Town of South Hill (view the opinion here), which fundamentally alters 40 years of precedent in the Commonwealth concerning what is considered...more

Dechert LLP

Initiatives to Increase Communication Between the USPTO and the FDA Concerning Pharmaceutical Patent Applications

Dechert LLP on

President Biden, in July 2021, issued an Executive Order (“E.O.”) observing that “too often, patent and other laws have been misused to inhibit or delay — for years and even decades — competition from generic drugs and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

OFCCP Issues 30-Day FOIA Notice to Contractors and Subcontractors

On August 18, 2022, the Office of Federal Contract Compliance Programs (OFCCP) issued unpublished notice of a broad Freedom of Information Act (FOIA) request that impacts the federal contracting community.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

Troutman Pepper

House Oversight and Senate Judiciary Committees Scrutinize Agencies’ FOIA Implementation, Resulting in DOJ Guidelines and...

Troutman Pepper on

With the House Committee on Oversight and Reform and the Senate Committee on the Judiciary raising concerns over agencies’ FOIA compliance, the U.S. Department of Justice has responded with FOIA guidelines and related...more

McGuireWoods LLP

“Expert” Analyzing FOIA Report Barred as Public Disclosure

McGuireWoods LLP on

A federal district judge in the Northern District of California dismissed a qui tam suit in late 2020 under the public disclosure bar of the False Claims Act (“FCA”). United States ex rel. Jones v. Sutter Health, No....more

Goodwin

Ninth Circuit Holds Loss Causation May Be Predicated on Information Potentially Available Under Freedom of Information Act

Goodwin on

Ninth Circuit Holds Loss Causation May Be Predicated on Information Potentially Available Under Freedom of Information Act; D.C. Circuit Upholds FINRA’s Permanent Ban of Broker Accused of Misconduct After Finding SCOTUS...more

Skadden, Arps, Slate, Meagher & Flom LLP

Ninth Circuit Finds That Information Obtained Through FOIA Requests May Constitute Corrective Disclosure

On November 3, 2020, in the second decision addressing the standards for pleading loss causation under the Securities Exchange Act of 1934 in the last month, the Ninth Circuit reversed in part the dismissal of a securities...more

Holland & Hart LLP

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

Holland & Hart LLP on

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

Pillsbury Winthrop Shaw Pittman LLP

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

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

Holland & Knight LLP

The Supreme Court Expands Contractor FOIA Protection - with a Caveat

Holland & Knight LLP on

Contractors have struggled to prevent the release of confidential information such as proposals incorporated into contracts and unit pricing requested by competitors and others under the Freedom of Information Act (FOIA)....more

BCLP

U.S. Supreme Court Reduces Category of Third-Party “Confidential” Records Subject to Disclosure Under the Freedom of Information...

BCLP on

Marketing Institute v. Argus Leader Media, 2019 WL 2570624, 588 U.S. - - - (June 24, 2019) (“FMI”), it made confidential commercial and financial information provided to the U.S. government by private parties subject to...more

Morgan Lewis

Supreme Court Broadens Confidential Commercial Information Exempt from FOIA

Morgan Lewis on

In a ruling that has implications for businesses turning information over to federal agencies, the US Supreme Court has held that commercial or financial information that is treated as private by its owner and provided to the...more

Polsinelli

Polsinelli Insights from Supreme Court Oral Arguments Concerning FOIA Disclosure Obligations

Polsinelli on

On April 22, 2019, the U.S. Supreme Court heard argument in Food Marketing Institute v. Argus Leader Media. Polsinelli attended the oral arguments to provide insight concerning the potential implications for federal...more

Sheppard Mullin Richter & Hampton LLP

OH SNAP! Supreme Court to Take on Meaning of Key FOIA Exemption

On January 11, 2019, the Supreme Court granted a petition for writ of certiorari over an Eighth Circuit decision involving Exemption 4 of the Freedom of Information Act (“FOIA”), which protects from public disclosure “trade...more

Orrick - Trade Secrets Group

FOIA Exemption 4 Tightens the Spigot on Public Disclosure of Bottled Water Sourcing Records

The Freedom of Information Act (“FOIA”) grants the public a powerful right of access to records in the possession of federal agencies. However, this right of access is subject to nine distinct exemptions. ...more

Epstein Becker & Green

Confidentiality of HSR Submissions

Epstein Becker & Green on

Parties involved in health care transactions subject to the reporting requirements of the Hart-Scott-Rodino Antitrust Improvements Act (“HSR” or “Act”) frequently ask whether submission of the HSR Notification and Report...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

Jackson Walker

Aligning Open Government Ideals With Law Enforcement Provisions

Jackson Walker on

In Texas, our public information act is founded on the proposition that the people are sovereign and entitled to full disclosure of governmental affairs in order to retain control of public institutions. Embedded in our...more

Ballard Spahr LLP

BCFP finalizes amendments to Disclosure of Records and Information rule

Ballard Spahr LLP on

On September 12, the Bureau of Consumer Financial Protection (Bureau) issued a final rule that amends the procedures used by the public to obtain information from the Bureau under the Freedom of Information Act (FOIA), the...more

Ballard Spahr LLP

Judge Supports CIA on Selective Disclosure of Classified Information to Journalists

Ballard Spahr LLP on

Recently, in Johnson v. CIA, Chief Judge Colleen McMahon of the U.S. District Court for the Southern District of New York sided with the CIA when she held that the agency was not required to produce classified information in...more

Holland & Knight LLP

Illinois FOIA Ruling: Public Bodies May Not Withhold Residents' Identities

Holland & Knight LLP on

• The Illinois Attorney General (AG) issued a binding opinion under the state's Freedom of Information Act (FOIA), holding that residents' names are not exempt as "private information" under FOIA. • The AG did not address...more

Franczek P.C.

Recent OMA and FOIA Decisions Address “Personal” Emails of Public Officials

Franczek P.C. on

The Open Meetings Act (OMA) and the Freedom of Information Act (FOIA) cover the communications of board members and other public officials when conducting public business. While the laws have a long reach, granting the public...more

Hinshaw & Culbertson LLP

Informing Illinois Newsletter - November 2017

When Records Are Not Reasonably Accessible - The Illinois Freedom of Information Act (FOIA) was amended in December, 2014 to provide that a public body is not required to copy a public record that is published on the...more

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