News & Analysis as of

Public Records

IL Supreme Court Rules IHSA Not Subject to FOIA

by Franczek Radelet P.C. on

The FOIA litigation saga continues as the Illinois Supreme Court in Better Government Association v. IHSA ruled in favor of the athletic association and High School District 230, holding that the records requested are not...more

Illinois Court Rules That College Foundation Documents Subject to FOIA

On May 9, 2017, the Illinois Appellate Court held that the College of Du Page Foundation (Foundation), a fundraising organization for the public College of Du Page (College), is subject to the state’s open records law. In...more

Governor Scott Signs Public Records Bill: Relief for Florida Agencies

by Rumberger Kirk & Caldwell on

Florida public agencies have made tremendous efforts in training their staff to comply with their responsibility under the Florida Public Records Act. Unfortunately, one technical mistake has turned this law into the Lawyer’s...more

FOIA and Public Records: IHSA 3, BGA 0

by Holland & Knight LLP on

In Better Government Association v. Illinois High School Association and High School District 230 IL Supreme Court No. 121124, the Illinois Supreme Court, on May 18, 2017, affirmed an appellate court's ruling that the...more

Appellate Court Holding Extends FOIA to College Foundation

by Franczek Radelet P.C. on

Recently the Second District Appellate Court issued an opinion holding that the Illinois Freedom of Information Act (FOIA) applied to certain records in the possession of the College of DuPage Foundation, a 501(c)(3) entity...more

PAC Upholds Municipality’s Denial of Request for FOIA Fee Waiver

by Franczek Radelet P.C. on

The Public Access Counselor recently issued a non-binding opinion holding that public bodies have the discretion to decide whether to waive or reduce copying fees associated with the production of documents responsive to FOIA...more

The Expanding Definition of “News Media” Under FOIA

by Franczek Radelet P.C. on

In the age of Twitter and blogging, it is not always easy to tell who qualifies as a journalist or member of the media. But according to a recent advisory opinion from the Public Access Counselor of the Illinois Attorney...more

CAS Legal Mailbag Question of the Week – May, 2017 #2

by Shipman & Goodwin LLP on

Dear Legal Mailbag: When I signed up to be an administrator, I never realized what expansive rights nosy people have under the Freedom of Information Act. I understand that the public has the right to know certain things,...more

Finally Relief for Florida Agencies Safe Harbor with Public Records Requests

Florida public agencies have made tremendous efforts in training their staff to comply with their responsibility under the Florida Public Records Act. Unfortunately, one technical mistake has turned this law into the Lawyer’s...more

Latest Developments from the Connecticut General Assembly: The Education Committee Has Spoken - May 2017

We had written earlier about the proposed bills that the General Assembly’s Education Committee voted favorably on and advanced out of committee at its March 8, 2017 meeting. The Committee subsequently voted favorably on a...more

CAS Legal Mailbag Question of the Week – May, 2017

by Shipman & Goodwin LLP on

Dear Legal Mailbag: I was just appointed principal of my school last fall. Despite my charming personality, I find that I am not the most popular person in my building. Originally published in the CAS Weekly Newsletter...more

Wage Violations Are Now “Public Record” Under Colorado’s New Wage Theft Transparency Act

On April 13, 2017, Governor Hickenlooper signed the Wage Theft Transparency Act into law, which is effective immediately. The Act makes “wage theft” violations in Colorado, including nonpayment of wages or overtime...more

CAS Legal Mailbag Question of the Week – April, 2017

by Shipman & Goodwin LLP on

Dear Legal Mailbag: Recently, a parent stopped by my office unannounced to complain that one of my teachers was rude to her darling little son. This is not the first time that she has leveled an accusation against one...more

Beware Of Relying on Your Confidential Information

by Jones Day on

If you are involved in an IPR and you are contemplating whether to rely on your own confidential information as part of a filing, you need to consider the risk that the Board will deny your motion to file under seal because...more

The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - April 2017

by Hinshaw & Culbertson LLP on

Attorney-Client Privilege – Invoices to Public Entity Client – Ongoing Litigation - Los Angeles Cty. Bd. of Supervisors v. Superior Court, 2 Cal. 5th 282, 386 P.3d 773 (2016) - Risk Management Issue: May a law firm's...more

Public Records Act And The Price Of Privacy: Part 2

In part 1 of this two-part series we discussed how the City of San Jose v. Superior Court (Smith) will forever change the nature of public service. In part 2, we will offer practical suggestions to respond to this change....more

Public Records Act And The Price Of Privacy: Part 1

In part 1 of this two-part series we’ll discuss how the City of San Jose v. Superior Court (Smith) will forever change the nature of public service. In part 2, we will offer practical suggestions to respond to this change....more

"Privacy & Cybersecurity Update - March 2017"

In this edition of our Privacy & Cybersecurity Update, we discuss the Congressional vote to repeal the FCC Privacy Rule, new cybersecurity developments from the Trump administration and the FTC's new guidance to companies on...more

New Jersey Bill Will Make Whistleblower Settlement Agreements with Public Entities Public Records

by Jackson Lewis P.C. on

Proposed legislation that would make whistleblower settlement agreements involving public entities available to the public has been approved unanimously by the New Jersey Assembly on March 23, 2017. The New Jersey...more

California Public Employees' Personal Accounts May Be Subject to Public Records Act Requests

by Holland & Knight LLP on

In City of San Jose v. Superior Court, No. S218066 (Cal. Mar. 2, 2017), the Supreme Court of California decided unanimously that communications made or stored on a public employee's personal account, including emails sent...more

Social Media and Public Records Laws

by PretiFlaherty on

Social media is ubiquitous these days. Facebook alone, for example, has nearly 1.5 billion monthly active users. Given social media’s widespread use, it is not surprising that some municipalities have sought to harness its...more

Civil Discovery Act Applies to Public Records Act Proceedings, California Appellate Court Concludes

by Best Best & Krieger LLP on

Public entities litigating California Public Records Act cases may now face the additional burden of responding to civil discovery requests. The Second District Court of Appeal recently issued its opinion in City of Los...more

California Supreme Court Holds that Communications Related to Public Business do not Cease to be Public Records Just Because They...

by Miller Starr Regalia on

On March 2, 2017, in what is easily the sunniest day in this long, wet winter, the Supreme Court of California issued a landmark ruling regarding the California Public Records Act (Cal. Govt. Code § 6250 et seq.), holding...more

Sealing the Case: Controversy Surrounds New York Commercial Division Proposed New Rule

In late 2016, the Commercial Division Advisory Council proffered a proposed rule, Proposed Rule 11-h, which would amend Rule 216.1(a) of the Uniform Rules for Trial Courts in New York to define the “good cause” under which...more

Massachusetts Breach Notifications Will Now Be Publicly Available Online

by BakerHostetler on

On Jan. 3, 2017, the Massachusetts Office of Consumer Affairs and Business Regulation announced that it will begin making its data breach notification archive publicly available online. Previously, data breach notifications...more

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