Public Records Act

News & Analysis as of

PUT YOUR DOCS WHERE I CAN SEE THEM: Seattle Police Enjoined From Disclosing Software Secrets in Public Records Act Dispute

What happens when trade secret protections collide with laws granting public access to government records? This question took center stage in a recent case involving the Seattle Police Department (“SPD”). A federal district...more

California Supreme Court Leans in Favor of Treating Defense Bills as Privileged Communications

On October 6, the California Supreme Court heard oral argument in Los Angeles Board of Supervisors v. Superior Court, a case that we have blogged about twice in the past because of its possible impact on policyholders...more

AB2833: New California Law Opens Lid on Private Fund Fees

On September 14, 2016, California Governor Jerry Brown signed Assembly Bill No. 2833. The new law obligates every California public investment fund to require alternative investment vehicles (“AIVs”) to make annual...more

New California Law Requires Increased Private Fund Fee and Expense Disclosure

Recent state legislative developments in California will require disclosure of certain information by private investment fund managers, primarily in the area of fees and expenses incurred by state and local pension and...more

New California Law Mandating Disclosure of Certain Fees and Expenses

The California Government Code has been amended to require additional public disclosure about investments by state or local California public pension plans (the “California Plans”). The amendment, which is the most...more

What Charter Schools Need to Know About the 2016 Public Records Law Overhaul

Legislation overhauling the state's public records law was recently signed by Governor Baker. The provisions of the act take effect on January 1, 2017, and the Secretary of State's office is expected to release new...more

CPUC Cracks Down on Secrecy of Utility Data

For California utilities, ensuring their information stays confidential just got harder. On August 25, 2016, the California Public Utilities Commission issued a decision updating the process for submitting potentially...more

California's Legislature Puts Additional Disclosure Pressure on Fund Managers with the Passage of AB 2833

On August 24th, the California Legislature approved Assembly Bill No. 2833 (“AB 2833”), which is now headed to Governor Jerry Brown’s desk for signature. If Governor Brown signs the bill, as is expected, all public pension...more

Accidental Disclosure Of Public Records Does Not Waive The Attorney-Client And Attorney Work Product Privileges

On March 17, 2016, the California Supreme Court resolved an important case regarding the California Public Records Act, ruling unanimously that the inadvertent release of confidential documents does not waive the...more

Public Records Overhaul Signed Into Law

After a year of intense debate, legislation overhauling the state’s public records law for the first time in over 40 years was signed by Gov. Charlie Baker on June 3rd (becoming Chapter 121 of the Acts of 2016, the “Act”)....more

The Ethics Advisor: Bad Stuff Sometimes Happens, Even to Good People

Fourth in a series by BB&K Partner Ruben Duran for the Southern California Latino Policy Center Newsletter* Sometimes, it just happens. Tragedy strikes. Disaster hits. Whether self-inflicted or supernaturally caused,...more

Body-Worn Cameras, the Prosecutor, and the Question of Public Access

BB&K attorney Gary Schons examines police body cameras from a variety of angles for the California District Attorneys Association’s Prosecutor’s Brief. The use of body-worn cameras by law enforcement officials and what...more

Miami-Dade County Takes P3 Reform Further After Florida Passes New P3 Legislation

After months in several Florida House and Senate committees, the State Legislature finally passed two related bills that were both signed by the Governor at the end of April. Importantly, the first bill, SB 124, establishes...more

California Supreme Court Holds that Inadvertent Disclosure In Response to a Public Records Act Request Does Not Waive The...

In a unanimous opinion addressing a legal issue of statewide importance, the California Supreme Court resolved a split of authority and held that a governmental entity’s inadvertent release of privileged documents under the...more

Inadvertent Disclosure Does Not Waive Exemptions/Privileges Under the PRA

California Supreme Court Gives Public Agencies Safety Net - A public agency’s inadvertent disclosure of privileged documents under the Public Records Act does not waive the privilege, the California Supreme Court has...more

California Supreme Court Finds that a Public Agency Cannot Inadvertently Waive Attorney-Client and Work Product Privileges

Last year, I wrote about the Second Appellate District case of Ardon v. City of Los Angeles. In Ardon, the appellate court found that a public agency can waive statutory privileges that it otherwise would have if it produces...more

Are California Statutes Authorizing Desist And Refrain Orders Facially Unconstitutional?

In December 2008, the Commissioner of Corporations issued a desist and refrain order based on alleged violations of the Corporate Securities Law and the Finance Lenders’ Law. Nearly seven years later, the respondents...more

OEHHA Issues Final Regulations Related To Its Prop 65 Website

On January 25, 2016, the California Office of Environmental Health Hazard Assessment (OEHHA) announced the adoption of final regulations (Regulations) related to the development and maintenance of a website to "provide...more

California Appellate Court: Possession of Documents Requested Under Public Records Act Does Not Render Request Moot

Decision in Case Arising from Wrongful Termination Claims Against a School District - When a party is seeking release of documents under the California Public Records Act, a public agency can’t deny the release based on...more

The Ethics Advisor: I’ve Just Been Elected (or Re-Elected) to Local Public Office — Now What?

Fourth in a series by BB&K Partner Ruben Duran for the Southern California Latino Policy Center Newsletter* Congratulations, Ms. or Mr. Newly-Elected Public Official, and welcome to the world of local government and...more

California Appellate Court Addresses Release of City Attorney’s Private E-mails

An appellate court ordered a trial court judge to reconsider his order that e-mails to and from the San Diego city attorney’s personal account be released publicly. The League of California Cities argued that e-mails between...more

Attorney-Client Privilege Not Waived in Mistaken Records Release, California Appellate Court Finds

*As published in PublicCEO A Bay Area school district that inadvertently released attorney-client privilege documents following the resignation of its superintendent did not waive its disclosure exemption right granted...more

Protecting Company Relationships and Information Upon an Employee Departure

Learn how your company can prepare to act quickly and strategically to protect important relationships, information and trade secrets at the time that a key employee leaves. This webinar will review the latest developments in...more

Can a Public Agency Inadvertently Waive Attorney-Client & Work Product Privileges? First and Second Appellate District Split on...

In January, I wrote about the Second Appellate District case of Ardon v. City of Los Angeles. In Ardon, the court found that a public entity can waive statutory privileges that it otherwise would have if it produces...more

Work-Related Text Messages on Personal Cell Phones Are Public Records Says WA Supreme Court

From Washington, D.C. to Washington state, the manner in which government officials and employees create and store business records is making headlines. The latest development is a unanimous decision of the Washington Supreme...more

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