Newsflash: Rockweed Not a Fish
On November 18, 2024, in an opinion authored by Judge Vitter, a Fifth Circuit panel made up of Judges Wilson, Douglas, and Vitter upheld a district court’s ruling temporarily enjoining Caldwell County’s policy of...more
As demand for electric vehicle (EV) charging stations continues to rise, commercial property owners are increasingly being approached by vendors offering to install these stations at no upfront cost. The appeal is obvious: an...more
Ohio Attorney General Dave Yost’s office asked a federal judge on Thursday to intervene in a lawsuit filed by the Cleveland Browns to test the “Modell Law,” a state law designed to stop teams from leaving cities that...more
The Illinois Public Access Counselor (PAC) issued its tenth binding opinion of the year, finding the Village of Dolton Board of Trustees violated the Open Meetings Act (OMA) by failing to make two Board meetings convenient...more
The Freedom of Information Act (FOIA) and similar open records acts allow the public access to records under the control of governmental agencies. These access rights state that public information shall be delivered within a...more
MAKING THE WHOLE TRUTH PUBLIC: THE FIGHT TO RELEASE BODY-WORN CAMERA FOOTAGE IN SECTION 1983 LITIGATION - Body-worn cameras were heralded as a promising innovation in the fight against crime and police misconduct. But in...more
On Monday, June 5, New Jersey Governor Phil Murphy signed Senate Bill 2930/Assembly Bill 4045 into law, modifying the process of requesting and obtaining public records, and significantly altering the rights of those who...more
The ability to obtain public records in New Jersey is about to undergo a massive overhaul. A new bill, S2930, (the “Reform Bill”) was signed into law by New Jersey Governor Phil Murphy on June 5, 2024, and has the potential...more
The clash between the public's “right to know” and the interest of parties in keeping information from the public is a recurring issue. This program will give an overview of “both sides” and will examine, among other things,...more
In denying Petitioner Medivis, Inc.’s (“Medivis”) Request for Rehearing of the Patent Trial and Appeal Board’s (“PTAB”) Final Written Decision (“FWD”) in Medivis, Inc. v. Novarad Corp. inter partes review, the PTAB found that...more
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
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
(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
(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
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
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
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
The Civil Procedure Rules Committee is consulting on a proposed draft amendment to Civil Procedure Rule (CPR) 5.4, which would allow significantly increased public access to documents with potentially far-reaching impacts....more
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
The Patent Trial and Appeal Board (PTAB or Board) has denied institution of a petition for inter partes review (IPR) because the petitioner failed to show that its primary asserted prior reference, available through the...more
In Rhode Island, public access advocates, as well as local and state officials, continue efforts to secure access for the public to and along the shore. My August post, “How About a Walk on the Beach,” summarized the history...more
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
Much to the dismay of many small businesses, the U.S. Supreme Court on Tuesday dismissed its review of a case that could have limited high-volume lawsuits against entities alleged to have violated public accommodation...more
The 29 September 2023 Decree of the Ministry of Enterprise and Made in Italy (the Provision) finally implementing the Register of Ultimate Beneficial Owners (the UBO Register), as required by Legislative Decree 231/2007 (the...more
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