CaseGuard Records Brief

This week, we dive into four key developments impacting records officers, FOIA and FOIL staff, and those responsible for disclosure. First, the New Mexico Supreme Court ruled in ACLU of New Mexico v. Corrections Department that agencies cannot withhold records based on internal policies. The authority to create exemptions lies with the Legislature, not agency manuals. This decision mandates a revi...

This week, we cover five key developments impacting records officers, FOIA and FOIL staff, and disclosure processes. First, a federal court ruling clarified what constitutes a defensible foreseeable-harm justification for withholding information under Exemptions 5 and 7(E) in FOIA cases, specifically in the context of the FBI's interactions with social media platforms during the 2020 election. Nex...

This week, we cover key developments impacting records officers, FOIA and FOIL staff, and disclosure teams. First, a federal court ruling in Korf vs. the State Department deemed a 300-page monthly processing rate unreasonable, ordering a 5,000-page pace instead. Agencies should reassess their processing rates against backlogs. In Massachusetts, legislative changes are underway with H.5469, which r...

This week, we dive into the mechanics of disclosure, exploring what can be withheld, what must be released, and the timing involved. Two state supreme courts have made significant rulings: New Mexico's court mandates the release of factual portions of personnel investigations, while Ohio's court reopens the scope of discovery in public-records cases. Former President Biden has filed a lawsuit to p...

This week, we're diving into four pivotal court rulings impacting records management. First, a federal court ruling in Mora v. CBP offers agencies a shield against systemic-delay lawsuits by setting a standard for backlog declarations. Agencies should audit their backlog declarations to ensure compliance with this new standard. In Minnesota, the Court of Appeals ruled that informal performance man...

Welcome to the CaseGuard Records Brief for the week of May 4th through 8th, 2026. This week, we're diving into the latest developments impacting records professionals. First, federal FOIA demand is on the rise, with a 14% increase in requests from FY2024 to FY2025, while staffing has decreased by the same percentage. Agencies like OMB, Veterans Affairs, and CFPB are experiencing significant surges...

This week on the CaseGuard Records Brief: An Arizona appellate ruling requires the Attorney General's Office to revamp its privilege logs, emphasizing detailed documentation for withheld records. In Massachusetts, the Supreme Judicial Court reviews ballot questions that could bring the state legislature under public records law, with a deadline looming for legislative action. The Justice Departmen...

This week, we explore four significant developments in public records law. In Kentucky, a Supreme Court ruling has changed the landscape for records officers, determining that text messages and emails on personal devices of public officials are not subject to the Open Records Act. This decision could lead to increased scrutiny on agency-issued device policies and retention practices. In Louisiana,...

This week on CaseGuard Records Brief: A major FOIA case management vendor, Opexus, faces class action litigation after a data breach by former employees disrupted federal records processing nationwide. The Federal Aviation Administration rescinded drone restrictions near DHS vehicles after a journalist's lawsuit, removing criminal penalties for newsgathering. Fall River Police Department continues...

This week on CaseGuard Records Brief: A federal judge in New York ruled that a government shutdown is not a valid excuse for the Department of Homeland Security to miss court-ordered FOIA deadlines. In Washington state, two cities are challenging a court ruling on license plate reader data, citing a new state law that exempts such images from public records disclosure. Waukesha County, Wisconsin,...

This week on CaseGuard Records Brief: A New Jersey school district sues journalist Ben Shore for filing fourteen public records requests, testing new restrictions in the state's amended open records law. The Ohio Supreme Court rules that prisons can fulfill records obligations by allowing inmates to view surveillance video on-site, but awards damages for unreasonable delay. Montana's attorney gene...

This week, we delve into significant developments in public records access across the U.S. In California, a proposed bill could allow agencies to charge open-ended fees for records searches exceeding two hours, potentially deterring public access. The bill also seeks to extend response deadlines, drawing criticism from transparency advocates. Albuquerque faces a 69% spike in public records request...

This week, federal FOIA offices are releasing their annual reports, revealing significant challenges like rising backlogs and reduced staffing. The Defense Department's backlog increased by 42%, with notable staff reductions. Many agencies are turning to AI and automation, though these efforts are still in early stages. The National Security Archive's Sunshine Week audit highlights a tactic called...

This week, federal FOIA operations are facing significant challenges. A Washington Post review highlights that staffing reductions at over a dozen agencies are causing missed deadlines, with 13 agencies citing workforce cuts as the reason. Meanwhile, a WIRED report reveals that several CBP officials were removed after objecting to orders they deemed unlawful, which involved mislabeling records to...

This week, we delve into significant developments in transparency and public access. A federal judge in California has extended First Amendment public access rights to military courts, mandating the Navy to provide timely access to nonclassified court-martial records. ProPublica has taken legal action against the Department of Education over unaddressed FOIA requests, highlighting a growing backlo...

This week, two federal agencies reported increasing gaps between incoming FOIA requests and their ability to process them. The National Archives and Records Administration saw a 23% rise in requests, with complex requests taking nearly five years to process. The General Services Administration experienced a 43% increase in requests, leading to a 152% rise in backlog. A federal court ruled on exped...

This week on FOIA News, we delve into the ongoing policy battles across several states driven by resource pressure and cost recovery. New federal data highlights a stark contrast in FOIA performance between the Department of Education and the SEC, with the latter showing significantly better efficiency in handling requests. In New Hampshire, legislators have paused a body camera bill to address un...

This week, significant developments in public records law unfolded across the United States. In California, the Supreme Court ruled that agencies remain accountable for their record-keeping practices even when records no longer exist, emphasizing that declaratory relief is still available to challenge exemption claims. Meanwhile, New Mexico is advancing legislation to tackle a statewide records ba...

This week on our podcast, we delve into transparency in public records. In Rhode Island, candidates for attorney general are weighing in on proposed changes to the Access to Public Records Act and a bill to release traffic accident data. Candidates like Kim Ahern and Jason Knight emphasize transparency, while others call for careful study to avoid unintended consequences. In Michigan, journalist C...

This week, we cover two legal cases impacting records management. First, the Michigan Supreme Court is set to review a case involving the city of Grand Rapids and its delayed response to a Freedom of Information Act (FOIA) request. The ACLU argues that the city's 13-month delay in providing records on police drone use effectively denied the request, despite a Michigan Court of Appeals ruling in fa...

This week on our podcast, we delve into four significant rulings on disclosure obligations and search requirements. In Georgia, a judge has ordered the Sandy Springs Police Department to release detailed incident reports previously withheld, following a legal battle with Appen Media. In Pennsylvania, a court has mandated the release of body-camera footage from a fatal police shooting, highlighting...

In this episode, we delve into recent developments in public records and information access. A federal court scrutinized the Department of Justice's search for archived and deleted emails in a FOIA case, requiring further verification by 2026. The Ninth Circuit finalized a ruling that EEO-1 reports from federal contractors are not protected under FOIA's Exemption 4, impacting workforce composition...

This week on Records Brief, we explore recent developments in public records access across the United States. In Iowa, a judge has allowed an open-records lawsuit against the City of Davenport to proceed, addressing alleged delays in releasing a letter about a former city administrator. In Kansas, a new law has led to the denial of a media request for emails related to a potential Kansas City Chie...

Records Brief offers a concise weekly overview of public records disputes and developments across the nation. This week, we explore how agencies are navigating transparency challenges, from withheld use-of-force footage to lawsuits over delayed records. In Santa Clara County, officials face criticism for not releasing Taser footage from jails, citing privacy and ongoing investigations. Despite pro...

In a recent decision, the Ohio Supreme Court ruled in State ex rel. Whitfield v. Burkhart that public-information officers cannot redirect public-records requests within institutions to avoid their duties. The court affirmed that inmate kites are public records and awarded statutory damages for delays, clarifying PIO responsibilities and strengthening inmates' access to public records. The emergen...