News & Analysis as of

Government Agencies Discovery

Morrison & Foerster LLP

DOJ Issues Civil Investigative Demands Concerning DEI Practices

The U.S. Department of Justice (DOJ) has begun issuing civil investigative demands (CIDs) to federal contractors and grantees seeking documents and information related to their diversity, equity, and inclusion (DEI)...more

Burr & Forman

GAO Warns Protesters of AI Sanctions

Burr & Forman on

Protesters beware – the Government Accountability Office (“GAO”) wants you to know they can and will sanction misuse of Generative Artificial Intelligence (“GenAI” or “AI”). Four recent decisions issued between May and July...more

Morgan Lewis

State & Federal Public Records Laws: An Often-Overlooked Discovery Tool

Morgan Lewis on

Information and document requests under the Freedom of Information Act and analogous state public records laws can be powerful and relatively inexpensive tools in a party’s litigation toolbox and are not only reserved for...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court Rules DOGE Can Access Social Security Data and Avoid FOIA - for Now

On June 6, 2025, the Supreme Court of the United States released two decisions on its emergency docket with serious implications for federal agencies, companies that do business with the government, and the data of millions...more

EDRM - Electronic Discovery Reference Model

EU Court Rebukes Von der Leyen Over Pfizer Texts in Transparency Ruling

ComplexDiscovery Editor’s Note: In a landmark decision that challenges the European Commission’s transparency standards, the General Court of the European Union has ruled against Commission President Ursula von der Leyen over...more

EDRM - Electronic Discovery Reference Model

Discovery Rulings in Abrego-Garcia v. Noem Deportation Case

In Abrego-Garcia v. Noem, __ F.R.D. ___, 2025 WL 1166402 (D. Md. Apr. 22, 2025)(Xinis, J.), plaintiffs notified the Court of “seemingly intractable discovery disputes….”  The case is before the District Court after the United...more

Perkins Coie

Leveling the Playing Field? Developing Discovery Strategies in CFTC Civil Enforcement Actions

Perkins Coie on

The Commodity Futures Trading Commission’s Division of Enforcement wields immense power in civil enforcement actions. It often seeks financial sanctions, including hefty financial penalties, and injunctive relief that can...more

Sands Anderson PC

FOIA and Discovery in Employment Litigation: What Happens in Closed Session Does Not Necessarily Stay in Closed Session

Sands Anderson PC on

Pursuant to FOIA, a public body may hold a closed meeting for, among other purposes discussion about personnel matters related to specific employees.  See Va. Code § 2.2-3711(A)(1).  The minutes of a closed meeting, if any...more

Orrick, Herrington & Sutcliffe LLP

District court grants partial expedited discovery in case regarding sharing records with DOGE

On February 27, the U.S. District Court for the District of Columbia ruled that unions can depose DOGE in a case brought by a large labor union network, a think tank and two nonprofits against the Department of Labor (DOL),...more

Potomac Law Group, PLLC

Current Status of Legal Challenge to the DBE Program

I have previously blogged about the legal challenge to the DBE program taking place in the United States District Court for the Eastern District of Kentucky, where several non-DBE firms are challenging the constitutionality...more

Bradley Arant Boult Cummings LLP

Bid Protests in New Jersey

Bradley has been publishing an ongoing survey of state-level bid protest processes and procedures (see our posts on “Bid Protests in Georgia,” “Bid Protests in the District of Columbia,” “Bid Protests in New York,” “Bid...more

Alston & Bird

Being a Government Agency is not an Exception to the Federal Discovery Rules

Alston & Bird on

A&B Abstract: When litigating in federal court, government agencies are not exempt from the rules of discovery.  The Eleventh Circuit reminded the Consumer Financial Protection Bureau (“CFPB”) of this in its recent decision...more

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