Category: FOIA

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Freedom of Access or Freedom to Investigate? Uncertainty Remains Concerning the Discoverability of Materials Provided to the Government

Several recent rulings have highlighted the uncertainty surrounding the discoverability of information provided to the government, either as a part of a government investigation or subsequent proceedings. The decisions suggest that the views of courts on such issues may vary widely, which creates uncertainty for companies interacting with the government. On March 14, 2016, the … Continue Reading

Take 4 – Protecting Confidential Commercial Information from FOIA

There are 99 federal agencies that are subject to the Freedom of Information Act (FOIA) and—according to the Justice Department’s Office of Information Policy (OIP)—there are also 99 sets of FOIA regulations.  As Congress contemplates a move to further legislate agency responses to FOIA demands, the OIP is commencing an interagency effort this Spring to … Continue Reading