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Troutman Pepper

Virginia Appeals Court to Rule on Attorney-Only Public Records Access Limit

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Since 1967, the federal Freedom of Information Act (FOIA) has provided the public with the right to access records or information from any federal agency, except those records protected under legal exemptions. Each state has...more

Snell & Wilmer

Check Your Privilege: The Arizona Supreme Court Clarifies the Scope and Application of the Legislative Privilege in Fann v. Kemp

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The ability to petition one’s leaders is long recognized regardless of the form of government. Ever since the Watergate Scandal, the United States has taken the lead on transparency in governmental acts and the interaction...more

Franczek P.C.

Illinois Appellate Court Issues New FOIA-Related Ruling Regarding Unduly Burdensome Exemption

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The Illinois Appellate Court recently issued a new decision regarding the FOIA. In Kraft v. Chicago Police Department, the Court ruled in favor of the police department, finding it properly exempted records as unduly...more

Foley & Lardner LLP

Sealing Judicial Records or How I Learned to Stop Consenting and Protect Trade Secrets

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Are courts making it impossible to guarantee trade secrets will not be disclosed upon filing of litigation? In a recent case, Binh Hoa Le v. Exeter Fin. Corp., the U.S. Court of Appeals for the Fifth Circuit (covering...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - July 2020 #1

PATENT CASE OF THE WEEK - Uniloc 2017 LLC v. Apple, Inc., Appeal Nos. 2019-1922, -1923, -1925, -1926 (Fed. Cir. July 9, 2020) - This week’s case of the week focuses, not on a patent issue, but on a procedural issue common...more

Womble Bond Dickinson

Business Court Now Requiring More To Keep Documents Under Seal

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Where parties seek to keep certain documents they have filed under seal and out of the public eye, the Business Court now requires proof that disclosing the information would harm the parties or others before it will agree to...more

Genova Burns LLC

Appellate Division Permits Public Records Access to Police Use of Force Reports Involving Juveniles

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On February 19, 2020, the New Jersey Appellate Division issued a decision Digital First Media v. Ewing Township permitting a newspaper access under New Jersey’s Open Public Records Act (OPRA) to Use of Force Reports (UFR)...more

Best Best & Krieger LLP

Another SB 1421 Decision Against Law Enforcement Agencies

Police Records Must Be Disclosed Even if Created or Officer Employed By Different Agency, California Appellate Court Says - The California Attorney General and Department of Justice must disclose all police misconduct...more

Franczek P.C.

Recent Illinois Case Addresses the Intersection of Public Data and Privacy in Public Records Laws

Franczek P.C. on

A recent Illinois Appellate Court decision raises interesting questions about how provisions protecting “private information” in open records laws should be interpreted in a world in which a vast wealth of information about...more

Seyfarth Shaw LLP

9th Circuit Takes Narrow View of the Computer Fraud and Abuse Act in LinkedIn Data Scraping Case

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In an a recently published opinion, the Ninth Circuit answered the question whether “LinkedIn, the professional networking website, [may] prevent a competitor, hiQ, from collecting and using information that LinkedIn users...more

Franczek P.C.

Freedom of Information Act and Open Meetings Act Updates

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The flurry of activity surrounding the Illinois Freedom of Information Act (“FOIA”) and Open Meetings Act (“OMA”) continues. An Illinois Appellate Court once again reviewed whether grand jury records may be disclosed under...more

Best Best & Krieger LLP

California Court of Appeal Publishes Opinion Requiring Release of Police Personnel Records Under SB 1421 - Decision is Binding on...

In the first decision by a higher court on a controversial new law that makes some police personnel records available under the Public Records Act, a California appellate court ruled that Senate Bill 1421 applies to records...more

Best Best & Krieger LLP

Attorney-Client Privilege Successfully Argued by City in PRA Case - California Appellate Court Decision Says Even a Judge Can’t...

A recent California appellate court decision underscores the sanctity of the attorney-client privilege — holding that even an in camera review of claimed privileged communications is not permitted. This applies even though a...more

Best Best & Krieger LLP

Public Agency Access to Data Does Not Make Data Disclosable Under PRA - California Appellate Court Ruling in Anderson-Barker v....

A city’s ability to access electronically stored data does not equal possession of that data under the Public Records Act, a California appellate court recently ruled....more

Franczek P.C.

IL Appellate Court Upholds School District’s Use of “Unduly Burdensome” FOIA Exemption for “Fishing Expedition” Request

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A recent Illinois Appellate Court decision provides welcome support to a school district or other public body faced with a Freedom of Information Act (FOIA) request that is more akin to a “fishing expedition” than a targeted...more

Latham & Watkins LLP

European Court of Justice Delivers Victory for EU Transparency and Accountability

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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

Best Best & Krieger LLP

Public Agencies Do Not Have to Create Records for PRA Requesters - California Appellate Court Reinforces Principle

The State Bar of California does not have to create records to fulfill a request for bar applicant data under the Public Records Act, an appellate court decided. ...more

Franczek P.C.

Records Containing Only Facts Are Not Subject to Section 7(1)(f) Predecisional Exemption

Franczek P.C. on

Recently, an Illinois Court of Appeals issued a decision mandating disclosure of assessment records from the Cook County Assessor’s Office to the Chicago Tribune under the Illinois Freedom of Information Act (“FOIA”)....more

Blank Rome LLP

Appellate Division Holds That Non-Residents of New Jersey Have Right to Request New Jersey’s Public Records

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On May 16, 2018, the Appellate Division approved for publication a decision ruling that citizens from states outside New Jersey also have standing to obtain New Jersey’s public records under the Open Public Records Act...more

Best Best & Krieger LLP

An Appellate Court’s Observation May Have Effect on Reverse-PRA Actions - Part II: Pasadena Police Officers Association v. City of...

In Pasadena Police Officers Association v. City of Pasadena, the Second District Court of Appeal made an interesting observation about the effect of the Public Records Act’s time requirement for a response to a PRA request...more

Ruder Ware

Court Says Electronic Copies Must Be Released

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A recent decision from a Dane County trial court has opened the door for new guidance on providing electronic copies of public records to local news media. In a recent decision, a Dane County judge held that a state lawmaker...more

Orrick - Trade Secrets Group

Upon Reflection, Some Trade Secrets May Be Less Secret Than They Appear

A recent case in Florida is a reminder that when dealing with government entities, trade secrets may be disclosed to the public, especially if that information has been aggregated. ...more

Genova Burns LLC

New Jersey Appellate Division Clarifies Rights to Disclosure of School Records Under Public Records Law

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In a lengthy, published opinion, the New Jersey Appellate Division recently ruled on four appeals from different trial courts (that had reached conflicting results) about the ability of a nonprofit advocacy organization for...more

Miller Canfield

Court Clarifies Public Bodies Requirement to Provide Documents Under FOIA

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A public body must respond to a FOIA request within five days, but the Michigan Court of Appeals has opined that there is no obligation to produce the requested information within that timeframe. In a June 23, 2016,...more

Lowndes

Economic Development in the Sunshine?

Lowndes on

The Fifth District Court of Appeal heard oral argument today on the issue of whether the records of the Economic Development Commission of Brevard County are subject to public inspection. The lower court ruled that such...more

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