Freedom of Information and Right to Know Practice Introduction

“The basic purpose of FOIA is to ensure an informed citizenry, vital to the functioning of a democratic society, needed to check against corruption and to hold the governors accountable to the governed.”

-NLRB v. Robbins Tire Co., 437 U.S. 214, 242 (U.S. 1978)

In the modern world, requests under the Freedom of Information Act and similar state laws have only become more complex.  Electronic communications, including e-mails and texts, have greatly expanded the scope of reviews, but also means more and more requests touch upon questions of privacy, security, and confidentiality.  Our Right To Know Practice assists our clients with the complex issues stemming from Freedom of Information Act requests and similar state laws.

We are experienced in all aspects of requests under the Freedom of Information Act and similar state laws.  We have handled the review and response to complex requests, appeals to the Pennsylvania Office of Open Records, mediation to resolve issues, and litigation stemming from the dispute over the requests.  We are aware of the changing nature of the law involving FOIA requests and we are dedicated to providing our clients an assessment to responding or making requests that avoids legal risk and costs.

We are able to assist a wide-range of potential clients involved in this area of law, including:

·         Governmental Agencies – We have experience assisting governmental agencies in responding to requests under FOIA or state law.  We have handled all aspects of responding to the requests, including assisting the agency in identifying categories of responsive documents, review of documents for redaction or withholding, preparing the response, and representing the agency in any appeal or litigation that follows.

·         Governmental Contractors – As more and more business is done with governmental agencies, one risk for these private businesses is that their communications and some private documents can be made public.  We can assist in providing guidelines that protect confidential and trade secret information or, if a request encompasses a private business’s material, we can assist in protecting that information from disclosure.

·         Media/Press – Many of the most common disputes in the arena of right to know laws stem from the press seeking information.  We are familiar with the complex issues of law and are available to assist the media in both crafting requests and, if necessary, representing the media in any dispute with governmental agencies.

·         Private Requestors – We are available to assist private requestors in assisting in crafting the request or reviewing responses and representing requestors in the appeal and litigation process.