News & Analysis as of September 22, 2024

Freedom of Information Act › Attorney-Client Privilege

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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 -

Your Attorney Cannot Always Shield You From the FOIA

Pullman & Comley - Labor, Employment and... on 7/16/2024

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

FOIA Exemption Questions on Redacted HHS Cannabis Letter

Troutman Pepper on 4/5/2024

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

Illinois Appellate Court Issues New Ruling Concerning the OMA and FOIA

Franczek P.C. on 1/23/2024

Early this year, the Illinois Appellate Court issued an opinion responding to challenges asserted under the Open Meetings Act (OMA) and the Freedom of Information Act (FOIA). The Appellate Court held that the Village of Oak...more

HHS Releases Highly Redacted Rescheduling Letter to DEA: An Analysis of Exemption 5 to FOIA

Troutman Pepper on 12/13/2023

PAC Issues Binding Opinion Finding in Favor of Public Body’s Use of the Attorney-Client FOIA Exemption

Franczek P.C. on 2/15/2022

In its first binding opinion of the year, the Public Access Counselor (PAC) provides further clarity to the attorney-client privilege exemption under Section 7(1)(m) of the Freedom of Information Act (FOIA). Specifically, the...more

FOIA Decisions Clarify Burden of Proof for Invoking Pre-decisional, Attorney-Client, and Security Measures Exemptions

Franczek P.C. on 7/19/2021

Two recent Illinois Appellate Court opinions provide public bodies clarity regarding the pre-decisional, attorney-client, and security measures exemptions of the FOIA. In the first case, Chicago Public Media v. Cook County...more

Supreme Court Issues Opinion Expanding the Scope of FOIA Exemption

Snell & Wilmer on 3/16/2021

A common tactic by competitors is to seek adversaries’ (or even supply-chain partners’) data that is maintained by the United States, an individual state, or even municipal governmental agencies. These efforts are meant to...more

Michigan Supreme Court Decision Broadens FOIA Definition of Public Body

Clark Hill PLC on 8/4/2020

Michigan’s Freedom of Information Act (“FOIA”) requires production (absent statutory exemption) of a “public record,” defined as “a writing prepared, owned, used, in the possession of or retained by a ‘public body’.”...more

What Communications Between a Lawyer and Client are Protected by Solicitor-Client Privilege?

Bennett Jones LLP on 6/28/2017

Solicitor-client privilege applies broadly to the continuum of communications concerning matters within the solicitor-client relationship, the BC Court of Appeal recently held in British Columbia (Attorney General) v. Lee,...more

Connecticut Supreme Court To In-House Counsel: Your Internal Communications Are Privileged Only If Their "Primary" Purpose Was To...

Pullman & Comley, LLC on 3/14/2017

In September 2016, the Connecticut Supreme Court issued a decision providing guidance on questions that frequently bedevil in-house counsel: are internal communications to and from in-house counsel protected by the...more

Drafting Agendas: Three Reasons to be More Specific than “Attorney-Client Privileged Communication – Executive Session...

Pullman & Comley - School Law on 4/22/2016

One of the most regularly used reasons to enter executive session is to discuss a matter that would result in the disclosure of communications that are privileged by the attorney-client relationship. The agenda item often...more

Attorneys Are Not So Special After All: The FOIA and the Need for Specific Agenda Items

Pullman & Comley - School Law on 1/21/2016

Generally, Connecticut’s Freedom of Information Act [“FOIA”] requires that a public agency preparing an agenda/posting for a meeting ensure that each agenda item is specific enough to apprise the public of the action...more

FOIA is FUN: Somewhat Recent Reminders from the Freedom Of Information Commission

Pullman & Comley - School Law on 11/10/2015

Although it is known as the “Sunshine Law,” the idea of summer fun is usually not synonymous with the Freedom of Information Act [“FOIA”]. Nevertheless, as we lament the passing of time (and loss of daylight), Connecticut’s...more

Public Records in Massachusetts: Legislature looks to Improve Access and Top Court Clarifies Attorney-Client and Work-Product...

Beveridge & Diamond PC on 8/8/2015

The combined efforts of Massachusetts’ highest court, its legislature, and the Governor’s office are clarifying and modernizing Massachusetts public records law, which is considered by some to be one of the weakest in the...more

Everything That You Ever Wanted to Know About The Attorney-Client Privilege and The FOIA But Were Afraid to Ask: The Latest

Pullman & Comley - School Law on 5/8/2015

As a self-described FOIA nerd, I have written in these pages about issues pertaining to the effect of the Freedom of Information Act [“FOIA”] on the attorney-client privilege (and vice versa). In a plethora of recent...more

Loose Lips Sink Ships: The Limits of the Attorney-Client Privilege and the Dangers of “Public” Reliance Upon Your Attorney’s...

Pullman & Comley - School Law on 9/11/2014

Public agencies often secure opinions from legal counsel to guide their actions. However, these agencies should be aware that what they say in public about the advice given may jeopardize the confidentiality of the legal...more

D.C. federal court reconsiders decision on FOIA requests to CFPB

Ballard Spahr LLP on 4/1/2014

Last September, a federal district court in Washington, D.C. issued an opinion on Freedom of Information Act (FOIA) requests made by Judicial Watch to the CFPB for documents relating to Richard Cordray’s recess appointment as...more

Oops and the FOIA, Part One; Kadri v. Groton Board of Education and Protections From the Accidental Disclosure of Attorney-Client...

Pullman & Comley - School Law on 3/18/2014

What happens when your agency’s lawyer sends out a confidential letter that is somehow leaked? A relatively recent decision by the Freedom of Information Commission [“FOIC”] appears to indicate that all is not lost, as...more

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Freedom of Information Act › Attorney-Client Privilege

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