Public Records

News & Analysis as of

California Case Allowing Denial Of FOIA Request For Public Communications On Private Electronic Devices Instructive For Illinois...

While California and Illinois do not share the same weather, they seem to be similar in at least one aspect: Their court decisions support denial of Freedom of Information Act (FOIA) requests for most communications by public...more

Communications Between Public Officials Using Private Cell Phones or Email Accounts Are Not Public Records Requiring Public Access

City of San Jose v. Superior Court of Santa Clara County (Ted Smith, Real Party) - Sixth District Court of Appeal, Action # H039498 (Filed Mar. 27, 2014) 2014 WL 1254821 ____Cal.App.4th____ - The California...more

Communications by Public Officials Using Private Cell Phone or E-Mail Accounts are Not Public Records

The California Public Records Act (“CPRA”) requires the disclosure of “public records” on request, unless such records are exempt from disclosure. In City of San Jose v. Superior Court (March 27, 2014, H039498) ---...more

Communications From Officials' Private Cell Phones and E-Mail Not Subject to Public Records Act

Public Agencies are Free to Adopt Their Own Policies Regarding Access to Private Communications on Public Issues - A California Court of Appeal ruled yesterday that public agencies are not required to disclose...more

GO-Biz Finalizes Proposed California Competes Tax Credit Regulations

The Governor’s Office of Business and Economic Development (“GO-Biz”) releases final proposed regulations on the California Competes Tax Credit. On January 31, 2014, GO-Biz released final proposed regulations for the...more

Is An Officer’s Name Private?

On March 4th of this year, the California Supreme Court will hear Long Beach Police Officers Association v. City of Long Beach et al. (Los Angeles Times Communications LLC, Real Party in Interest). The Court will hear...more

Private E-Mail and Public Officials: What's a Public Document?

The "Bridgegate" scandal in New Jersey involving an investigation into the George Washington Bridge lane closures has included many instances of Governor Chris Christie's top officials utilizing their own Gmail, Yahoo, or...more

Local Agencies May Submit Claims for State Reimbursement of Public Records Act Costs

Claims Must Be Filed No Later Than February 28, 2014 - The Office of the State Controller (SCO) has released instructions for local agencies to submit claims for state reimbursement of costs incurred between fiscal...more

Individual Fund Information for Investments Made by a Public Agency were not Prepared, Owned, Used, or Retained by the Agency,...

Reuters America LLC submitted a request pursuant to the California Public Records Act (“CPRA”) seeking individual fund information for current investments made by the Regents of the University of California (“Regents”). ...more

Court Rules Private Fund Data Is Not A Public Record

Private equity and venture capital funds like public pension fund money but they don’t necessarily like the consequences of having the government as an investor. As noted in this post, this was illustrated by Superior Court...more

Texas Public Information Act: Uniform Trade Secret Act Broadens the Scope of Protection

The 83rd Texas Legislature recently enacted Senate Bill 953 and created the Texas Uniform Trade Secrets Act ("TUTSA") in Chapter 134A of the Texas Civil Practice and Remedies Code. For companies wishing to defend their...more

Will Fracking Recipes Remain Secret?

Wyoming was first in the nation with requiring oilfield service companies to submit the ingredients in fracking fluids to a governmental agency – the Wyoming Oil and Gas Conservation Commission (Commission). In the interest...more

Public Record Requests—New Scope of Confidentiality and Disclosure Requirements Under Nevada's Public Records Act

In a recent en banc opinion affecting all Nevada public entities, the Nevada Supreme Court addressed the scope of confidentiality under Nevada’s Public Records Act, NRS 286.110(3)(“the Act”)....more

Plaintiff May Not Use Social Security Disability Determination To Prove Disability In Personal Injury Case

A New Jersey Appellate Division Court holds that the plaintiffs were precluded from utilizing a Social Security Administration disability determination in a personal injury action. ...more

Department of Labor Destroys Old Records

The Department of Labor (DOL) has announced that the Office of Foreign Labor Certification (OFLC)'s new record retention system was approved by the National Archives and Records Administration (NARA). Employer...more

Real Property, Financial Services & Title Insurance Case Law Update: Week Ending October 4, 2013

I. FLORIDA STATE CASES – JOURDAN HAYNES & CHRIS SMART - MRTA: marketable record title act represents codified limitation on title insurer’s obligation to research public records in connection with issuance of title...more

Right-to-Know Law Litigants in Pennsylvania Are Now Free to Introduce New Evidence and Arguments During Appeals and After OOR...

The Pennsylvania Supreme Court recently held in Bowling v. Office of Open Records, No. 20 MAP 2011, 2013 WL 4436219, at *1 (Pa. Aug. 20, 2013), that courts reviewing pending cases under the state’s Right-to-Know Law (“RTKL”)...more

Unrecorded Override Assignment Trumps The Public Records Doctrine

Lawyers and landmen are taught that a document affecting real or immovable property not recorded in the public records means nothing to a stranger. Like O. J.’s quest for the real killer, lower premiums after the Patient...more

Constitutional Amendment Proposes to Exempt Public Records Act and Brown Act Mandates from Reimbursement

Amendment Subject to a Vote of the People in June 2014 - In accordance with the procedures for amendment of the California Constitution, two-thirds of each house of the State Legislature has approved Senate...more

The Threat of Disclosure of Proprietary Information Under the California Public Records Act

Companies responding to requests for proposal (“RFPs”) or contracting with California state or local governmental agencies need to be aware of the special pitfalls posed by the California Public Records Act (“PRA”)....more

Data Not Used by Port Agent in Performance of His Official Duty is Not a Public Record

A shipping association submitted a public records request for a pilot log from the port agent of the Board of Pilot Commissioners for the Bays of San Francisco, San Pablo, and Suisun (“Board”). The port agent, who is a...more

Federal District Court Orders FDA To Produce Records Regarding New Drug Application Pursuant To FOIA

Sponsors of developmental new drugs may want to take additional steps to protect their trade secrets and confidential information in the wake of a recent federal court decision narrowly interpreting certain exemptions to the...more

Court of Appeal Reverses Award of Attorney Fees to School District: Newspaper Publisher’s Public Records Act Claim Was Meritless...

A superior court ordered a newspaper publisher to pay the attorney fees of a school district because it determined the publisher’s Public Records Act petition was frivolous. The court of appeal held that the publisher’s...more

Are E-mails Education Records Under FERPA?

If a student sends an e-mail complaining about a professor, should the professor have the right to see the name of the student that wrote the complaint? ...more

How New Public Records Law Affects Companies Providing Services to Florida State or Local Governmental Entities

During its 2013 Regular Legislative Session, the Florida Legislature passed CS/CS/HB 1309, which relates to governmental accountability in contracting. Among other things, this legislation created Section 119.0701, Florida...more

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