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Daily Business Review

The Who, What, Where and Why of Fla.'s Public Records Law, and How to Avoid Pitfalls

Public agencies commonly slip up when navigating Florida's public records law, which can result in costly litigation and judgments for fees. An understanding of the basics of Florida's laws is critical to preventing errors before they occur.
6 minute read

Daily Report Online

Tenn. Governor Uses Exemption to Deny Open Records Requests

The exemption, called the "deliberative process privilege," is an exception to state open records laws that have been carved out by the courts. The privilege allows "high government officials" to deny records when they believe the documents are part of their "deliberative decision-making process."
8 minute read

Law.com

State Appeals Court: Plaintiff Suing Public Entity Has Right to Public Records Laws Without Discovery

"'The legislature did not intend that the open records laws would supplant discovery practice in civil litigation,"' Judge Lino S. Lipinsky de Orlov wrote on behalf of the three-judge panel. "It does not support Archuleta's contention that individuals litigating against public entities are precluded from obtaining documents from those entities through CORA during the pendency of the litigation."
4 minute read

Texas Lawyer

UT-Austin Must Pay: Newspaper Awarded Attorney Fees in Open-Records Fight

Eighth District Court of Appeals Justice Gina M. Palafox authored the opinion and concluded that a statute that had never been interpreted by a court is not among the listed exceptions to the state law's mandatory fee provision.
4 minute read

New Jersey Law Journal

Executive Order Exempts Name Changes From OPRA

Meanwhile, newly introduced legislation targets court fees in name change matters.
4 minute read

Law.com

What Does Your Partner Make? Groups Want Financial Disclosures for Judges' Spouses

"A judicial spouse could earn untold sums, via legal or consulting work, from entities that have cases before their husband or wife, and the public would be none the wiser, so long as the entities paid their employer and not the spouse directly," read a statement by Fix The Court, a New York-based advocacy group.
5 minute read

Texas Lawyer

Texas Supreme Court to Consider Public Information Act Challenge to Attorney-Client Privilege

Franklin Center suggests ... the Public Information Act displaces the burden-shifting framework (governing) assertions of the privilege and that records of attorney-client communications ... are not privileged. - Texas Attorney General
3 minute read

Connecticut Law Tribune

Some Attorney Billing Records From Public-Sector Investigation May Be Exempt From FIOA Disclosures, Invasion of Privacy Still Needs to Be Determined

"I'm certainly glad that the court recognized that invoices written by a lawyer whose engaged to do an investigation were subject to the privilege," said the plaintiff's attorney, Michael Harrington, partner of FordHarrison in Hartford. "In the public sector, you have this additional concern about making the situation worse because it is publicized later. In this particular case, a lot of folks expressed to the lawyer who did the investigation ... employees were definitely expressing hesitancy about speaking out because the investigation concerned investigating the mayor. I think the court was right to recognize that."
6 minute read

Law.com

State Still Has Burden of Establishing 'Reasonableness' for GPS Monitoring as Probation Term, High Court Holds

"I think the decision provides insight into how to assess the reasonableness of imposing GPS monitoring as a condition of probation," Roderick's attorney, Edward Crane, a solo practitioner, told Law.com. "A few points are the most critical. First, the commonwealth has the burden of establishing reasonableness and thus has to provide the judge with an address around which a GPS exclusion zone will be created. Second, a serious offense does not automatically establish the reasonableness of GPS monitoring. Lastly, a defendant's criminal history is very important in assessing reasonableness."
5 minute read

National Law Journal

DOJ Must Release Memo on Charging Trump With a Crime, DC Circuit Rules

"Because the department did not tie the memorandum to deliberations about the relevant decision, the department failed to justify its reliance on the deliberative-process privilege," Chief Judge Sri Srinivasan wrote.
3 minute read

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