News & Analysis as of

Public Records Public Disclosure

Winstead PC

Texas LLC Formation: 4 Privacy Considerations for Entrepreneurs

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The first thing many founders/entrepreneurs think of when starting a new business is, “I need an LLC.” The establishment of a Limited Liability Company (LLC) in Texas can be a strategic maneuver for entrepreneurs and...more

Troutman Pepper

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

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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

Bricker Graydon LLP

New amendment to Public Records Act allows insurance investigators to obtain telephone numbers from vehicle accident reports

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Substitute Senate Bill 284, which has been delivered to Governor DeWine for signature, contains an amendment to the Public Records Act that will be of interest to police agencies in Ohio. As currently written, the Act...more

Association of Certified E-Discovery...

Court’s Police Body Camera Opinion Highlights E-Discovery Issues

The California Supreme Court recently issued an opinion that analyzes the public disclosure of police body camera footage and demonstrates the overlap between e-Discovery processes and other records production schemes. The...more

Best Best & Krieger LLP

[WEBINAR] Exploring the CPRA’s Investigatory Privilege

While the California Legislature included investigatory privilege as an exemption within the California Public Records Act, there are exceptions to this exemption. In this Best Best & Krieger LLP webinar, attorneys Christine...more

Best Best & Krieger LLP

California Public Records Act Case Law Update

Part 2: New CPRA Laws for 2020 - While an expansive array of records can be sought via a California Public Records Act request, the right to inspect public records is not without limits. The CPRA does not give unlimited...more

Best Best & Krieger LLP

California Public Records Act New Legislation

Part 1: New CPRA Laws for 2020 - While an expansive array of records can be sought via a California Public Records Act request, the right to inspect public records is not without limits. The CPRA does not give unlimited...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

Best Best & Krieger LLP

Public Agencies Should Follow Appellate Decision on SB 1421 Despite New, Conflicting Ruling - Ventura County Decision Latest to...

A trial court has issued a conflicting decision on a controversial new California law that makes some police records publicly available. Public agencies, though, should continue to follow the ruling made previously by an...more

K&L Gates LLP

Legal Tropics: The Florida Public Records Act: A Primer for Private Entities

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The Florida Public Records Act requires state and local government entities and agencies to make their records available to the public. But the Act also has many implications for private entities that transact business with...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

Tucker Arensberg, P.C.

The Open Record Officers’ Guide to the Pennsylvania RTKL: Police Audio and Video Recordings (Act 22 of 2017)

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The Open Record Officers’ Guide to the Pennsylvania RTKL - Types of Records - Section 3 of Act 22 of 2017, 42 Pa.C.S. §§ 67A01-67A09, removed audio and video recordings made by law enforcement agencies from access under...more

Best Best & Krieger LLP

California Attorney General’s Office Clarifies its Information Bulletin Regarding Public Access to Police Records - Information...

Senate Bill 1421 affords the public access to police personnel records related to reports, investigations and findings, via the California Public Records Act process (not the familiar Pitchess process)....more

Best Best & Krieger LLP

BB&K Attorney Gary Schons Conducting Review of Police Use of Communication App - TigerText, Used in Long Beach, Automatically...

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The City of Long Beach has hired Best Best & Krieger LLP Of Counsel Gary Schons to conduct an independent investigation into the Long Beach Police Department’s use of a controversial communications app. TigerText, which...more

Best Best & Krieger LLP

AB 748: More Public Access To Body Camera Footage Under PRA - Amendment To California Law Gives Public Agencies More...

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The California public will have a greater right to access police body camera footage, and any other audio or video recording acquired by any police agency or state prosecution office, under the Public Records Act with the...more

Latham & Watkins LLP

European Court of Justice Delivers Victory for EU Transparency and Accountability

Latham & Watkins LLP on

Landmark ruling requires the European Commission to disclose impact assessments used as a basis for its legislative decision-making process. The Grand Chamber of the Court of Justice of the European Union recently issued a...more

Genova Burns LLC

Ocean County Prosecutors Need Not Disclose Police Video of Traffic Stop – For Now

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A divided New Jersey Supreme Court ruled today in Paff v. Ocean County Prosecutor’s Office that the “criminal investigatory records” exemption to public disclosure under New Jersey’s Open Public Records Act, permits the Ocean...more

Best Best & Krieger LLP

[WEBINAR] Public Records Act - Taming the Email Tiger

In this webinar, Best Best & Krieger LLP attorney Christine Wood explains how public agencies can create an email retention policy that helps reduce PRA production costs. This webinar covers the basics of a good email...more

Foley & Lardner LLP

Ride-Sharing Services Lose Latest Trade Secret Battle

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Ride-sharing services Uber and Lyft suffered a recent setback before the state of Washington’s Supreme Court in their efforts to protect trade secrets from disclosure under a state public records law. In its recent...more

Best Best & Krieger LLP

Digital Public Records - BB&K Attorney Christine Wood Discusses Record Retention Policies In PublicCEO

It’s no secret: Public agencies are inundated with files. A rise in digital records coupled with the use of personal devices, email accounts and diverse communication channels has lead electronic records to become...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

Genova Burns LLC

New Jersey Courts Hands Victories to Open Government Records Advocates

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Over the past month, the New Jersey courts have handed down several rulings clarifying the scope of New Jersey’s Open Public Records Act, or OPRA. The rulings have resulted in several significant victories for advocates of...more

Franczek P.C.

The Expanding Definition of “News Media” Under FOIA

Franczek 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

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