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FOIA

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May 18, 2026

Freedom of Information – Exemption 5 protects draft PTAB written decision

The 4th Circuit affirms withholding of draft PTAB written decisions under FOIA exemption 5 as predecisional and deliberative in EDVA.

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Apr 20, 2026

Freedom of Information – Government fails to show it conducted a sufficient search for documents

The U.S. Department of Health and Human Services failed to demonstrate a reasonably calculated search for documents in a FOIA case in EDVA.

Sep 25, 2023

USPTO properly redacted info in responsive documents

Where the United States Patent and Trademark Office, or USPTO, redacted confidential, sensitive and privileged information from bar disciplinary hearings before producing the documents to an expelled attorney, it prevailed […]

Jul 25, 2023

SEC’s search for documents was inadequate

Where the Securities and Exchange Commission, or SEC, limited the scope of its search in response to requests under the Freedom of Information Act, its search was inadequate. Background On […]

Apr 3, 2023

Search for responsive records request was adequate

Where the United States Patent and Trademark Office, or USPTO, submitted a declaration explaining the methodology of and rationale behind its search process, indicating the types of searches performed, listing […]

Mar 4, 2021

Disclosure ordered for employees’ petition

Where plaintiff seeks documents from defendant municipality under the Virginia Freedom of Information Act, an employee petition to the personnel committee to discuss complaints and concerns about the town manager […]

Jan 29, 2021

Requester exhausted remedies before filing suit 

Where a plaintiff’s initial complaint challenging the government’s response to requests under the Freedom of Information Act was filed more than 20 business days after the request was made, the […]

Jan 15, 2021

In camera review doesn’t back deliberate process claim

Although the Council on Environmental Quality, or CEQ, claimed the production of dozens of unredacted documents would chill speech, stifle “frank and open discussions” and confuse the public, an in […]

Jul 20, 2020

Closed session did not violate FOIA

A town council complied with the Freedom of Information Act when it went into closed session to discuss personnel matters. Overview Plaintiff Hart has filed a complaint raising three issues […]

Jun 4, 2020

Closed sessions to discuss library closure violated VFOIA

A county board of supervisors violated the Virginia Freedom of Information Act by improperly going into closed sessions, and by discussing matters than went beyond the scope of the stated […]

Jun 4, 2020

Late release of database system information violated VFOIA

Where plaintiff reporter sought information concerning a database system from defendant corrections department, the request was “reasonably specific.” Defendant’s late response violated the Virginia Freedom of Information Act. Overview Plaintiff […]

Mar 23, 2020

County board’s closed sessions violated FOIA

Where a county Board of Supervisors met in closed session and discussed the contents of an ad to replace the county attorney, and also discussed alternatives to the current county […]

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