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Freedom of Information Act

The Freedom of Information Act is a United States federal statute enacted in 1966 to promote government transparency and the free exchange of public information. Under FOIA, any individual can request federal... more +
The Freedom of Information Act is a United States federal statute enacted in 1966 to promote government transparency and the free exchange of public information. Under FOIA, any individual can request federal agency records and enforce that right in a court of law. However, not all agency records can be requested; there are nine exempt categories of information. In addition to the federal law, many states have passed their own freedom of information acts. These acts are often similar but not always identical to the federal version.  less -
Proskauer Rose LLP

FTC Focus: What Access To Patent Settlements Would Mean

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The Federal Trade Commission has pursued aggressive and creative expansion of its antitrust enforcement efforts under the Biden administration, and the pharmaceutical industry is no exception. Indeed, in a recent interview,...more

Holland & Knight LLP

CDPAP Legal Storm Continues: New Lawsuit Targets DOH's RFP Implementation, Single FI Structure

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A second lawsuit has been filed challenging recent changes to New York's Consumer Directed Personal Assistance Program (CDPAP or the Program), this time taking aim at the new single fiscal intermediary (FI) structure that...more

Reveal

The Keys to a Successful FOIA Request

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Want access to James Comey’s private memos detailing his interactions with President Donald Trump? Yeah, so do we. But if you submit a FOIA request for the memos to the FBI or DOJ, it’s pretty much guaranteed to be rejected....more

Reveal

FOIA Gone FUBAR: 3 Tales of Terror and 1 of Redemption

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Every day, the Freedom of Information Act illuminates government practices by ensuring public access to federal records. It is the quintessential Sunshine Act and has been a key tool for ensuring government transparency since...more

Tucker Arensberg, P.C.

OOR (Office of Open Records) Holds that “Frank Curry” FOIA Buddy Requests Can Be Denied for Being Anonymous

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In Frank Curry and FOIABuddy v. South Western School District, AP 2024-1311, a school district (“District”) received a request for records related to IT operations, contracts, staff, and IT budget from Frank Curry and...more

Maynard Nexsen

Work This Way: A Labor & Employment Law Podcast - Episode 25: Issues for Public Employers with Bertha Enriquez of Renewable Water...

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Live from the annual Greenville SHRM conference, hosts Tina and Jennie welcome the Human Resources Manager of Renewable Water Resources, or ReWa, Bertha Enriquez. They discuss how ReWa, a quasi-public employer, navigates the...more

Pullman & Comley - Labor, Employment and...

Your Attorney Cannot Always Shield You From the FOIA

Clients sometimes include me on communications merely to protect themselves from Connecticut’s Freedom of Information Act (FOIA), believing that anything sent to me is automatically covered by the attorney-client privilege. ...more

Polsinelli

Blockchain+ Bi-Weekly: July 2024

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The last week of June saw a flurry of legal developments in quick succession. The SEC sued Consensys, the developers of the largest self-custodial digital wallet (MetaMask). The IRS released its digital asset tax rules. The...more

Womble Bond Dickinson

South Carolina’s New NIL Law and What it Means for Collegiate Athletes in the State

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On Tuesday, May 21, 2024, South Carolina Governor Henry McMaster signed bill H. 4957 into law after it was approved unanimously by state lawmakers earlier in the year. Similar NIL (“Name, Image, and Likeness”) bills to H....more

McNees Wallace & Nurick LLC

FOIA Buddy and RTKL Requests: What Municipalities Need to Know

The Pennsylvania Office of Open Records issued an alert concerning anonymous Right to Know Law requests generated by an online service called FOIA Buddy after receiving reports from “numerous” agencies. On its website, FOIA...more

Vondran Legal

Copyright Law and BodyCam Video

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I saw this question online and decided to answer it here on my blog.  It raises some very interesting and timely questions about the scope and reach of copyright law in our modern age. Many people want to know, is police...more

Pullman & Comley - School Law

Don’t Press Send: Dangers of E-Mail, the “Inadvertent Meeting” and Updated FOIC Guidance

One of the many worries that I have as a school attorney is when school board members use their e-mail account to discuss board business.  As you may know, such conduct can run afoul of Connecticut’s Freedom of Information...more

Best Best & Krieger LLP

California Supreme Court Denies Petition for Review in Police Drone Footage Case

Police Drone Footage Only Exempt From Disclosure - In Some Circumstances The California Supreme Court recently denied the City of Chula Vista’s Petition for Review in Castañares v. Superior Court (Dec. 2023) 98 Cal.App.5th...more

CloudNine

How to Evaluate Technologies and Companies for Public Records/FOIA Requests

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(This is the fifth and final blog in a five-part series on streamlining public records request response.) When starting the journey in changing your processes around managing these requests, it can be like a hiker...more

CloudNine

Improving Processes to Streamline Public Records/FOIA Request Response

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(This is the fourth blog in a five-part series on streamlining public records request response.) Managing Freedom of Information Act (FOIA) or similar public records requests in State or Local government agencies is a...more

Troutman Pepper

FOIA Exemption Questions on Redacted HHS Cannabis Letter

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The principle of open government is foundational to a healthy democracy, and the availability of government records upon request from the public is one of its chief cornerstones. Originally published in Law360 - January 5,...more

CloudNine

Resourcing Your Public Records/FOIA Requests Response with a Lean Team

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When it comes to managing FOIA (Freedom of Information Act) and similar public records requests, resourcing your team effectively is crucial. Even with a small team, you can achieve a lot by appointing an expert internally...more

CloudNine

How eDiscovery Technology and Workflows Speed Public Records Requests Response

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This is the second blog post in a series on streamlining public records request response. In the two separate worlds of legal processes and Freedom of Information Act (FOIA)/public records requests, eDiscovery technology...more

CloudNine

What are the Growing Challenges with Public Records/FOIA Requests?

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The number of public records requests filed each year is on the rise, presenting a significant challenge for government agencies. One of the core obstacles faced by these agencies is the tight timing constraints imposed by...more

Benesch

An Act of God Carve-Out Survives in Cargo Litigation, in The High Tech Era

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Courts have clearly established that a shipper cannot prevail in a freight claim against a carrier if an “Act of God” caused the freight loss or damage. The Act of God defense is an original, and one of the most...more

Pullman & Comley - School Law

Welcome To The Board: What New Board Members Need To Know About The FOIA

Congratulations on your election to the board of education and thank you for volunteering your time to your community.  As you begin to embark on your board journey you will unfortunately, find that way too much of your time...more

Franczek P.C.

PAC Issues Binding Decision Finding OMA Violation for Closed Session Discussions on Curriculum

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The Illinois Public Access Counselor (PAC) issued a binding opinion, finding a school board violated the Open Meetings Act (OMA) when it improperly discussed school curriculum during closed session....more

Array

This Week in eDiscovery: Judges Share Most Impactful Cases and eDiscovery Hiring Heats Up

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Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the week of February 26 to March 3. Here’s...more

Hudson Cook, LLP

CFPB Bites of the Month - February 2024 - "I Got You, CFPB".

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In this month's article, we share some of our top "bites" covered during the February 2024 webinar....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

DOL Appeals EEO-1 FOIA Ruling to Ninth Circuit Court of Appeals

On February 15, 2024, the U.S. Department of Labor (DOL) filed a notice of appeal to the Ninth Circuit Court of Appeals, seeking review of a district court ruling that ordered the DOL to release federal contractors’ 2016–2020...more

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