How A Public Records Act Request Can Be Better Than A Subpoena Duces Tecum
The California counterpart to the Freedom of Information Act (aka FOIA) is the Public Records Act, Government Code Section 6250 et seq. In a recent unpublished decision, the Court of Appeal succinctly...
View ArticleWas California’s Public Records Act Founded On The Aventine Hill?
I’ve always been fascinated by the fact that the ancient Romans chose to explain their origins with tales of defeat, invasion, fratricide, communal rape and assassination. The city, which eventually...
View ArticleDoes The DBO’s Draft Tribal Consultation Policy Violate the Public Records Act?
Three years ago, California Governor Edmund G. Brown Jr. issued Executive Order B-10-11. Among other things, Governor Brown ordered: that it is the policy of this Administration that every state...
View ArticleCalifornia AG Declares Whistleblower Tally A State Secret
Since 2004, the California Attorney General has been required to maintain a whistleblower hotline to receive calls from persons who have information regarding possible violations of state or federal...
View ArticleRevealed! The Numbers The Attorney General Didn’t Want You To See
Since 2003, the California Attorney General has been required to maintain “a whistleblower hotline to receive calls from persons who have information regarding possible violations of state or federal...
View ArticleWhat, If Anything, Is The Attorney General’s Office Hiding?
In January, I decided to update an earlier post regarding the number of calls made to the California Attorney General’s hotline mandated by Labor Code Section 1102.7. A few years earlier, I had...
View ArticleHow The Defend Trade Secrets Act Of 2016 Opens The Door To Disclosure Of...
François-Marie Arouet, better known as Voltaire, once famously wrote “Ce corps qui s’appelait et qui s’appelle encore le saint empire romain n’était en aucune manière ni saint, ni romain, ni empire...
View ArticleWhy The SEC Isn’t Vegas
Last week, I wrote that the Securities and Exchange Commission is sending letters to registrants requesting information about compliance with Regulation G and Item 10(e) of Regulation S-K. These...
View ArticleWant To “Bury” Your Response To SEC Comments? Here’s How
I have long assumed that when you search “CORRESP” by issuer name, you would see all correspondence filed on EDGAR with respect to that issuer. I was therefore surprised when I recently searched for a...
View ArticleUnder The Public Records Act, A Losing Party May Be The Prevailing Party
When the California legislature enacted the Public Records Act, it declared “access to information concerning the conduct of the people’s business is a fundamental and necessary right of every person...
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