News & Analysis as of

Records Request

Franczek P.C.

Illinois Appellate Court Clarifies When a FOIA Request Is “Received” If Quarantined by Email Security Software

Franczek P.C. on

Takeaway: Public bodies should treat a FOIA request as “received” the moment it enters their email system, not when it is discovered after being quarantined, filtered, or otherwise delayed internally. To avoid missing...more

Tucker Arensberg, P.C.

OOR (Office of Open Records) Takes Surveillance Footage Request at “Face Value,” Declines District’s Semantic Interpretation

Tucker Arensberg, P.C. on

On May 19, 2025, parent Anna Waskevich submitted a Right-to-Know Law (“RTKL”) request to the Dallas School District in Northeastern Pennsylvania, seeking video footage of her child being “assaulted” in a middle school...more

Seyfarth Shaw LLP

Washington’s Revised Personnel File Law: Practical Considerations for Employers

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Washington’s personnel file law (RCW 49.12.240, 49.12.250, 49.12.260, and 49.12.261), amended effective July 27, 2025, marks a significant overhaul in an employer’s obligations pertaining to employee’s personnel records. The...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

When the IRS Comes Knocking — And You Tossed the Evidence

Working on an IRS audit is hard enough. But what’s even harder? When you discover the plan sponsor disposed of—or claims to have disposed of, the very records the IRS is demanding....more

Troutman Pepper Locke

Washington AG Proposes New Model Public Records Act Rules

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Washington Attorney General (AG) Nick Brown proposed updates to Washington State’s Public Records Act (PRA) model rules — the advisory playbook many state and local agencies rely on when handling records requests. The...more

Akerman LLP

What's In A File: Navigating Personnel Records Requests

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One of the biggest warning signs of employment litigation on the horizon is the dreaded personnel records request. In the states that have enacted personnel records access rights for employees, personnel records maintenance...more

Esquire Deposition Solutions, LLC

Records Retrieval Vendors Ease Collection of Case-Critical Evidence

Navigating laws protecting patient medical records is a time-consuming task, even for the experienced, privacy-savvy litigators. Laws vary from state to state, and the laws themselves, being relatively new, are challenging to...more

Hogan Lovells

FDA finalizes RRA manufacturing inspection guidance as US focuses on supply chain security

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The U.S. Food and Drug Administration (FDA) recently issued final guidance entitled “Conducting Remote Regulatory Assessments,” which explains the agency's plans to continue utilizing its records request authority and virtual...more

BakerHostetler

New Case Could Imperil Common Florida Condo Rule

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Condominium associations have long had the power to adopt reasonable rules and regulations in order to govern their unit owners in an orderly fashion. However, a new ruling from a Florida court threatens to upend one...more

Meyers Nave

Court Reaffirms CPRA Enforcement Limited to Named Requesters, Not Classes

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In a recently published decision, the Second District Court of Appeal in Desolina Di Lauro v. City of Burbank, held that a plaintiff could not maintain a class action under the California Public Records Act (CPRA). The...more

Troutman Pepper Locke

DOJ Will Use Compulsory Legal Process to Compel Production of Information From News Media Following Recent Update to Policy

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On April 25, Attorney General (AG) Pam Bondi issued an internal memorandum to Department of Justice (DOJ) employees, changing the DOJ’s policy on obtaining information from, or records of, members of the news media. Under...more

Jackson Lewis P.C.

Patient’s Request for Records Uncovers Dental Practice’s Ransomware Attack, Leading to $350K Settlement

Jackson Lewis P.C. on

The Indiana Attorney General Office (OAG) filed a detailed complaint on December 23, 2024 (Complaint) which arose out of the following patient complaint: The OAG received a consumer complaint stating that the consumer had...more

Williams Mullen

Will 50 Enforcement Actions Be Sufficiently “Loud and Clear” that HIPAA’s Right of Access Must Be Honored?

Williams Mullen on

Because of pervasive misunderstanding of the Health Insurance Portability and Accountability Act (HIPAA), providers all too frequently create impermissible barriers to patient access to medical records. In many cases, such...more

Franczek P.C.

PAC Issues Decision Holding Attorney-Client Privilege FOIA Exemption is Not Waived Where Disclosure of Records was Required by Law

Franczek P.C. on

The PAC recently issued a non-binding opinion, finding a school district did not waive the attorney-client privilege where prior disclosures of the requested records were mandated by state law....more

Troutman Pepper Locke

Private Businesses Have New Exposure Under the Georgia Open Records Act

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In a landmark decision, the Georgia Supreme Court has expanded the Georgia Open Records Act (the Act) to include private businesses and contractors working with state and local government entities. The ruling in Milliron v....more

Troutman Pepper Locke

Unveiling the Impact: How Georgia's Open Records Act Affects Private Businesses — Regulatory Oversight Podcast

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In this episode of Regulatory Oversight, Stephen Piepgrass is joined by his colleague David Dove to discuss a recent Georgia Supreme Court decision that significantly impacts private companies under Georgia's Open Records...more

Parker Poe Adams & Bernstein LLP

Georgia Supreme Court Broadens Open Records Act to Include Private Contractors

The Georgia Supreme Court on Monday issued a ruling that expands the scope of who is responsible for producing public records under the state’s Open Records Act. The court also allowed for records requests to be sent to...more

Mandelbaum Barrett PC

Governor Murphy Signs OPRA Revamp That May Curtail the Right to Government Records

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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

Tucker Arensberg, P.C.

OOR (Office of Open Records) Holds that “Frank Curry” FOIA Buddy Requests Can Be Denied for Being Anonymous

Tucker Arensberg, P.C. on

In Frank Curry and FOIABuddy v. South Western School District, AP 2024-1311, a school district (“District”) received a request for records related to IT operations, contracts, staff, and IT budget from Frank Curry and...more

Troutman Pepper Locke

FOIA Exemption Questions on Redacted HHS Cannabis Letter

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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

Seyfarth Shaw LLP

The Spotlight Is On Employee Records Requests!

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Seyfarth Synopsis: Employees have a right to request their employment records, but which records can they request? And how quickly do employers have to produce them? And who should they be produced to? And is there a way for...more

HaystackID

[Webinar] eDiscovery Excellence with M365 Purview: Best Practices for Legal Holds, Collections, and Records Management - February...

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Join M365 eDiscovery and records management experts Jason Covey, Nate Latessa, and Shukra Kichambare as they discuss best practices for managing legal holds and collections in M365 Purview eDiscovery. They’ll also explore how...more

Tucker Arensberg, P.C.

OOR Confirms that Local Agencies Can Provide Responsive Records in PDF Format

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In Forrest v. Erie City, AP 2023-1701 (Sept. 28, 2023), Erie City responded to a request for a list of all rental properties registered and licensed in the City in an Excel spreadsheet by providing a PDF conversion of the...more

Tucker Arensberg, P.C.

Commonwealth Court Establishes New Test to Determine if Social Media Posts Are Subject to a Rtkl Request

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Penncrest School District. v. Cagle, 293 A.3d 783 (Pa. Cmwlth. 2023). The Commonwealth Court of Pennsylvania establishes a three-part test that must be used to determine if an individual’s social media post is a record of an...more

Health Care Compliance Association (HCCA)

OCR: UHC Admitted Worker ‘Error’ Left Records Request Languishing in the Mail, Pays $80,000

Start with a records request. Add a seven months’ wait. Stir in the chaos of the pandemic, with most employees working from home. Blend in a perhaps-neglected post office box. Bake for two-and-a-half years....more

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