Public Records & Freedom of Information Act (FOIA) Litigation
Public records requests are a powerful tool but agencies often delay, over withhold, or deny access outright. We litigate Freedom of Information Act (FOIA) and analogous state law public records disputes to help clients obtain the information they are entitled to receive. We bring big-case litigation experience to these disputes, with a practical focus on results: getting the records, building leverage, and resolving the case efficiently.
Our team has experience handling these matters from start to finish, drafting targeted requests, pursuing administrative appeals, and, when necessary, filing suit to challenge inadequate searches, improper exemptions, and overbroad redactions. We are comfortable coordinating parallel requests to multiple federal agencies and state or local governments, negotiating and enforcing production schedules, and seeking attorneys’ fees and costs when authorized by law.
Representative experience:
Obtaining an order compelling production in a state FOIA matter, with the court directing an expedited schedule and limiting redactions to appropriate personal-privacy grounds.
Prevailing on summary judgment in a state FOIA case requiring disclosure of key identifying information and ordering production of withheld records, after the court rejected asserted privacy and work-product protections.
Litigating FOIA suits against the FBI and ATF after the agencies failed to respond to requests; following suit, the agencies produced responsive records before the court reached the merits.
Preparing and submitting FOIA requests to the U.S. Department of Energy and the Treasury Department on behalf of a privately held company to obtain agency records relevant to the client’s business and regulatory priorities.
Filing and managing multiple public records requests to state and local agencies to gather strategic information and develop the factual record in advance of contemplated litigation.