News & Analysis as of September 20, 2024

Freedom of Information Act › Disclosure Requirements

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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 -

The Keys to a Successful FOIA Request

Reveal on 8/16/2024

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

OFCCP to Appeal Adverse EEO-1 Report Disclosure Order

Jackson Lewis P.C. on 2/15/2024

As previously reported, in December 2023, the U.S. Department of Labor, Office of Federal Contract Compliance Programs (OFCCP) was ordered to release the EEO-1 reports of federal contractors it had withheld from production in...more

Court Orders Release of Contractor EEO-1 Reports

Proskauer - Government Contractor Compliance... on 1/30/2024

On December 22, 2023, a court in the Northern District of California ordered the disclosure of EEO-1 Reports filed by federal contractors and subcontractors (“Contractors”) between 2016 and 2020 in the case, Center for...more

Federal Court Rejects Objections and Orders OFCCP to Disclose EEO-1 Reports

Polsinelli on 1/25/2024

Despite objections by thousands of employers and its own continuing review of records, the OFCCP has been ordered by a federal court to produce all EEO-1 Type 2 reports of federal prime contractors and first-tier...more

Confidential Business Information/Toxic Substance Control Act: Environmental Defense Fund Opening D.C. Circuit Court of Appeals...

Mitchell, Williams, Selig, Gates & Woodyard,... on 11/14/2023

The Environmental Defense Fund (“EDF”) filed an opening brief with the United States Court of Appeals for the D.C. Circuit (“D.C. Circuit”) challenging a United States Environmental Protection Agency (“EPA”) Toxic Substances...more

As The Leaves Are Changing - What Has (and Has Not) Changed with the FOIA?

Pullman & Comley - Labor, Employment and... on 11/7/2023

As the summer (and your vacation) becomes a distant memory, and the days get shorter and colder, I’ll bet you have had passing thoughts about changes to Connecticut’s Freedom of Information Act’s (“FOIA”), especially in light...more

SEC Adopts New Short Sale Disclosure Rule

Proskauer Rose LLP on 10/25/2023

On October 13, 2023, the Securities and Exchange Commission adopted new Rule 13f-2 to require monthly reporting of short sale positions and activity data on new Form SHO by institutional investment managers. The new rules...more

Virginia Supreme Court Ruling Impacts Confidentiality of Government Employee Personnel Records

Spilman Thomas & Battle, PLLC on 6/23/2023

In October 2022, the Virginia Supreme Court decided the case of Hawkins v. Town of South Hill (view the opinion here), which fundamentally alters 40 years of precedent in the Commonwealth concerning what is considered...more

OFCCP Week In Review - February 2023

DirectEmployers Association on 2/6/2023

Thursday, January 26, 2023: U.S. National Institute of Standards and Technology Released AI Risk Management Framework - In an effort to better manage risks to individuals, organizations, and society associated with...more

New FOIA Guidelines Favor Transparency

Bass, Berry & Sims PLC on 3/22/2022

In a memorandum circulated during “National Sunshine Week” celebrating the importance of open government, Attorney General Merrick Garland directed heads of executive agencies and departments to favor transparency and...more

Suspending the Rules: A Year’s Worth of USPTO Petitions

Rothwell, Figg, Ernst & Manbeck, P.C. on 8/17/2021

In some circumstances, patent applicants may petition the Patent Office to suspend non-statutory rules under 37 CFR § 1.183. As the text of the rule indicates, the Patent Office will only grant such petitions “[i]n an...more

Financial Services Weekly: Amendments To SEC Proxy Solicitation Rules Approved By A 3-1 Vote

Goodwin on 8/3/2020

In This Issue. The Securities and Exchange Commission (SEC) finalized amendments to its proxy solicitation rules that will modify the practices of proxy advisory firms, providing them with greater transparency and...more

SEC Staff Issues CF Disclosure Guidance on Confidential Treatment Requests

Skadden, Arps, Slate, Meagher & Flom LLP on 1/17/2020

In December 2019, the Division of Corporation Finance (Staff) of the U.S. Securities and Exchange Commission issued new "CF Disclosure Guidance: Topic No. 7" (Guidance) regarding confidential treatment requests pursuant to...more

SEC Issues Streamlined Guidance for Confidential Treatment Requests

Kramer Levin Naftalis & Frankel LLP on 1/3/2020

On Dec. 19, 2019, the Division of Corporation Finance of the SEC updated its guidance with respect to the SEC’s procedures for confidential treatment applications (CTAs). In April 2019, the SEC adopted a streamlined procedure...more

OFAC update: Final interim rule amending the reporting, procedures, and penalties regulations (RPPR) and Freedom of Information...

Hogan Lovells on 7/26/2019

On 20 June 2019 the Department of Treasury's Office of Foreign Assets Control (OFAC) issued a final interim rule (effective on 21 June 2019) amending its reporting, procedures, and penalties regulations, 31 Code of Federal...more

Employers with Federal Contracts Should Take Affirmative Steps to Maintain Confidentiality of Pay Data Submitted via EEO-1 Survey

Poyner Spruill LLP on 7/19/2019

As discussed in our prior alert, employers are now required to submit additional information to supplement EEO-1 reports. The deadline to submit this new information – which will include employee pay data (referred to by the...more

Capital Markets & Public Companies Quarterly: SEC Proposes Amendments to Accelerated and Large Accelerated Filer Definitions,...

McDermott Will & Emery on 7/16/2019

During the previous quarter, the SEC proposed new rulemaking to reduce the number of smaller companies that become subject to enhanced reporting requirements through “accelerated filer” and “large accelerated filer” status....more

Supreme Court Broadens Confidential Commercial Information Exempt from FOIA

Morgan Lewis on 6/25/2019

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

Employers’ Diversity Data and Initiatives: Trade Secret or Open Book?

Foley & Lardner LLP on 3/13/2019

As many companies prepare to submit their annual “EEO-1” reports to the Equal Employment Opportunity Commission revealing their workforce statistics by race and gender for their U.S.-based employees by EEO job category, they...more

EEOC Issues Final Rule To Modify FOIA Regulations

U.S. Equal Employment Opportunity Commission... on 10/23/2017

Changes Will Affect Certain FOIA Procedures, Federal Agency Says - WASHINGTON -- The U.S. Equal Employment Opportunity Commission (EEOC) has finalized an update of its Freedom of Information Act (FOIA) procedures by...more

Senate Bill in Georgia Seeks to Expand Scope of Trade Secret Protection

Orrick - Trade Secrets Group on 3/4/2016

On February 2, 2016, Georgia State Senator Hunter Hill introduced Senate Bill 321 in the Georgia Senate. The bill is entitled “Commerce and Trade; state government; protections against public disclosure of certain...more

Groups Urge D.C. Circuit to Disclose DOJ Playbook

Polsinelli on 7/30/2015

Following the widely criticized prosecution of the late Alaska Senator Ted Stevens, the Department of Justice (“DOJ”), understandably, took steps to learn from the mistakes made in that case by drafting and distributing a...more

Proposed Revisions to the DoD’s FOIA Procedures

Dorsey & Whitney LLP on 11/4/2014

It is common for Government contractors to utilize the Freedom of Information Act (FOIA) to obtain documents relevant to their business development, operations, and – often – claims. While FOIA requests can be a...more

Don’t Make Promises That You Cannot Keep: Greenwich Silver Shield Association v. Town of Greenwich, the FOIA and Discrimination...

Pullman & Comley - Labor, Employment and... on 9/23/2014

Investigations in the public sector confront the competing demands of employee privacy rights and the public’s “right to know” under the Freedom of Information Act [“FOIA”]. Another decision by the Freedom of Information...more

High Court Rules Autopsy Reports Exempt from the SC Freedom of Information Act - Public Policy & Governmental Affairs Alert

Nexsen Pruet, PLLC on 7/17/2014

The South Carolina Supreme Court issued an opinion this week in Perry v Bullock. The Court ruled that an autopsy report is exempt from the Freedom of Information Act ("FOIA") disclosure requirements. This is the...more

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Freedom of Information Act › Disclosure Requirements

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