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Public Disclosure Freedom of Information Act

Informing Illinois Newsletter - November 2017

by Hinshaw & Culbertson LLP on

When Records Are Not Reasonably Accessible - The Illinois Freedom of Information Act (FOIA) was amended in December, 2014 to provide that a public body is not required to copy a public record that is published on the...more

Impact of the FOIA Amendments on your Company

by Miles & Stockbridge P.C. on

For those of you who have received a Freedom of Information Act (“FOIA”) notice from the U.S. Consumer Product Safety Commission (“CPSC” or “Commission”) within the past year, you may – or worse, may not – have noticed new...more

FCA Deeper Dive: Original Sources under the FCA’s Public Disclosure Bar

by Bass, Berry & Sims PLC on

The FCA continues to be the federal government’s primary civil enforcement tool for investigating allegations that healthcare providers or government contractors defrauded the federal government. In the coming weeks, we...more

The Expanding Definition of “News Media” Under FOIA

by Franczek Radelet P.C. on

In the age of Twitter and blogging, it is not always easy to tell who qualifies as a journalist or member of the media. But according to a recent advisory opinion from the Public Access Counselor of the Illinois Attorney...more

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

by Pullman & Comley, LLC on

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

FDA Says BPCIA Poses No Fifth Amendment Taking for Innovator Biologics Submitted Prior to Its Enactment

On the same day that FDA approved the first biosimilar of Humira, the fourth biosimilar to be approved in the U.S., it also denied a citizen petition filed by Abbott Laboratories (now AbbVie) requesting that FDA not accept...more

"Private" E-mails and FOIA

by Womble Bond Dickinson on

Recent legal decisions continue to blur the line between private communications and public records, extending the reach of the Freedom of Information Act (FOIA). Because of these shifts, proactive government officials are...more

We Really Mean It This Time: Recently Enacted FOIA Improvement Act of 2016 Mandates

by Bryan Cave on

On June 13, Congress passed the FOIA Improvement Act of 2016, and President Obama signed the bill into law on June 30, nearly 50 years after the original Freedom of Information Act (“FOIA”) was first enacted. The new law was...more

CAS Legal Mailbag Question of the Week – April 2016

by Shipman & Goodwin LLP on

Dear Legal Mailbag: I have been around the block, but yesterday a parent made a demand that is a new one for me. I had met with the parent to review the results of our bullying investigation about her son’s behavior...more

Do You Have to Disclose a Government Investigation? Practical Considerations, Legal Standards, and Recent Case Law

by Goodwin on

After receiving an inquiry from a government agency, such as a subpoena, a Civil Investigative Demand (“CID”), or an informal request for information, public companies ask whether they must disclose publicly that they may be...more

Third Circuit Ruling Reflects the Narrowed Scope of the Public Disclosure Bar under the Affordable Care Act

by McGuireWoods LLP on

The public disclosure bar is a statutorily created hurdle that plaintiffs must cross to successfully maintain a False Claims Act suit. The principle was originally enacted to prevent individuals from filing “parasitic” False...more

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

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

Informing Illinois Newsletter - February 2016: Personal Documents Stored on a Government Computer System — Disclosable Under...

by Hinshaw & Culbertson LLP on

Personal Documents Stored on a Government Computer System — Disclosable Under Illinois' FOIA? Not all documents created or stored on a government computer system are subject to disclosure under Illinois' Freedom of...more

A Radical Overhaul? The Third Circuit Analyzes the Federal False Claims Act's Public Disclosure Bar after the Patient Protection...

by Pepper Hamilton LLP on

To dismiss a case based on the public disclosure bar, the defense will have to establish that the allegations of fraud already were exposed in the news media or certain federal sources of information. Pharmaceutical,...more

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

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

Protective Order Issued in Suit to Stop EPA from Releasing Farmers’ Information

by Varnum LLP on

A federal district court in Minnesota recently issued a protective order prohibiting the EPA from releasing information about animal feeding operations—including farmers' names, home addresses, telephone numbers and email...more

The FOIA and Superintendent Evaluations: Toensing and The Various Components of The Evaluation

When evaluating superintendents of schools, school boards usually seek to synthesize the views of individual board members into a collective voice for the board. In Toensing v. Chairman, All Boards Chairs Committee, Regional...more

Confidentiality Issues in Government Contracting: Promoting Open Government and Fair Competition

by Nossaman LLP on

State public records acts and the federal Freedom of Information Act (FOIA) were enacted to prevent favoritism and corruption, but have had unintended consequences on competition for public projects. As discussed in a recent...more

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