News & Analysis as of

Disclosure Requirements Freedom of Information Act

Bradley Arant Boult Cummings LLP

Understanding the FOIA Process: Submitting, Appealing, and Litigating Requests for Government Records

The Freedom of Information Act (FOIA), enacted in 1966, grants the public the right to access records from any federal agency, promoting transparency and accountability in government. Whether you’re a business owner,...more

Farella Braun + Martel LLP

Industrial Company Files Action Challenging EPA Disclosure of Confidential Business Information Submitted to EPA During...

On April 2, 2025, Inhance Technologies LLC initiated an action in the U.S. District Court for the District of Columbia—Inhance Technologies LLC v. Zeldin, Case No. 1:25-cv-00980-JEB—challenging EPA’s refusal to withhold...more

Ropes & Gray LLP

Protecting Trade Secrets in FDA Submissions from FOIA Disclosure in the Wake of FDA Layoffs

Ropes & Gray LLP on

In the wake of recent mass layoffs at the U.S. Food and Drug Administration (“FDA”), the FDA is likely to have fewer resources to manage its regulatory responsibilities. One area that may be significantly impacted by such...more

Beveridge & Diamond PC

Ten Strategies to Use When eNGOs FOIA EPA to Prepare for Citizen Suits

Beveridge & Diamond PC on

Environmental non-governmental organizations (eNGOs) looking to develop citizen suits typically first mine publicly available compliance information companies must submit to state and federal environmental agencies. eNGOs...more

Warner Norcross + Judd

Michigan’s Proposed FOIA Bills Extend Transparency to Governor and Legislature

Warner Norcross + Judd on

Michigan’s Freedom of Information Act (FOIA) has long shielded the state’s highest levels of government, exempting the governor’s office and legislature from FOIA requests. The only other state with such an exemption is...more

Verrill

Deadline Approaching for Federal Contractors to Object to Disclosure of EEO-1 Reports

Verrill on

Federal contractors have until December 10, 2024, at 11:59 p.m. to file written objections to the disclosure of their EEO-1 Type 2 Consolidated Reports in response to a recent Freedom of Information Act (FOIA) request. This...more

Perkins Coie

OFCCP Set To Release Contractors' EEO-1 Reports to FOIA Requestors

Perkins Coie on

The U.S. Department of Labor’s Office of Federal Contracting Compliance Programs (OFCCP) may release federal contractors’ Type 2 Consolidated Employer Information Report (aka Standard Form 100) data (EEO-1 Report) in response...more

Wiley Rein LLP

U.S. District Court in DC Breaks New Ground for TSCA Transparency

Wiley Rein LLP on

The U.S. District Court for the District of Columbia recently found, in what it described as a “question of first impression,” that Section 5(b)(3) of the Toxic Substances Control Act (TSCA), a provision requiring public...more

Jackson Lewis P.C.

OFCCP to Appeal Adverse EEO-1 Report Disclosure Order

Jackson Lewis P.C. on

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

Proskauer - Government Contractor Compliance...

Court Orders Release of Contractor EEO-1 Reports

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

Polsinelli

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

Polsinelli on

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

Mitchell, Williams, Selig, Gates & Woodyard,...

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

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

Pullman & Comley - Labor, Employment and...

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

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

Proskauer Rose LLP

SEC Adopts New Short Sale Disclosure Rule

Proskauer Rose LLP on

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

Spilman Thomas & Battle, PLLC

Virginia Supreme Court Ruling Impacts Confidentiality of Government Employee Personnel Records

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

Bass, Berry & Sims PLC

New FOIA Guidelines Favor Transparency

Bass, Berry & Sims PLC on

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

Rothwell, Figg, Ernst & Manbeck, P.C.

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

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

Goodwin

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

Goodwin on

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

Skadden, Arps, Slate, Meagher & Flom LLP

SEC Staff Issues CF Disclosure Guidance on Confidential Treatment Requests

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

Herbert Smith Freehills Kramer

SEC Issues Streamlined Guidance for Confidential Treatment Requests

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

Hogan Lovells

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

Hogan Lovells on

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

Poyner Spruill LLP

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

Poyner Spruill LLP on

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

McDermott Will & Emery

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

McDermott Will & Emery on

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

Morgan Lewis

Supreme Court Broadens Confidential Commercial Information Exempt from FOIA

Morgan Lewis on

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

Foley & Lardner LLP

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

Foley & Lardner LLP on

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

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