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Freedom of Information Act › Burden of Proof

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 -
Franczek P.C.

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

Franczek P.C. on

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

BCLP

U.S. Supreme Court Reduces Category of Third-Party “Confidential” Records Subject to Disclosure Under the Freedom of Information...

BCLP on

Marketing Institute v. Argus Leader Media, 2019 WL 2570624, 588 U.S. - - - (June 24, 2019) (“FMI”), it made confidential commercial and financial information provided to the U.S. government by private parties subject to...more

Morgan Lewis

Supreme Court Broadens Confidential Commercial Information Exempt from FOIA

Morgan Lewis on

In a ruling that has implications for businesses turning information over to federal agencies, the US Supreme Court has held that commercial or financial information that is treated as private by its owner and provided to the...more

Polsinelli

Polsinelli Insights from Supreme Court Oral Arguments Concerning FOIA Disclosure Obligations

Polsinelli on

On April 22, 2019, the U.S. Supreme Court heard argument in Food Marketing Institute v. Argus Leader Media. Polsinelli attended the oral arguments to provide insight concerning the potential implications for federal...more

Proskauer - Whistleblowing & Retaliation

“Reasonable Cause” Standard Highlighted In OSHA’s Revised Whistleblower Investigations Manual

Proskauer - Whistleblowing & Retaliation on

On January 28, 2016, OSHA issued a revised Whistleblower Investigations Manual (“Manual”) outlining procedures for the handling of retaliation complaints under the various whistleblower statutes that OSHA oversees. Chapter 3...more

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