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 revises public records access and subjects the governor's office to public records law, pending Senate approval.

In Baltimore, a public records dispute sees the city denying its inspector general access to financial records, citing Public Information Act restrictions. The core issue remains unresolved in court.

The federal FOIA ombudsman’s report highlights that the Department of Homeland Security, Veterans Affairs, and the Justice Department generate the most FOIA disputes. Consider OGIS mediation before litigation.

Lastly, an investigation into teacher misconduct records in California reveals that districts, not the state, hold disclosable copies, with some districts stalling or blocking release. Review your disclosure processes carefully.

That's this week's brief. Review your practices against these updates. Document well. Disclose well. Until next week.

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 prevent the release of memoir-related records, citing privacy concerns. In Colorado, a new law will change the timeline for releasing police footage, requiring notification and access to families before public disclosure. Wyoming is considering a two-tier model for handling public records requests, potentially influencing how requests are triaged and fulfilled. Review your current practices in light of these developments to ensure compliance and transparency.

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 management tools like coaching are subject to disclosure, expanding the scope of what constitutes disciplinary records. Agencies should review internal communications regarding informal corrective actions.

The Sixth Circuit's decision in Energy & Policy Institute v. TVA raises the bar for Exemption 4 commercial-harm declarations, emphasizing the need for specific foreseeable harm articulation. Agencies must update their Exemption 4 templates accordingly.

Finally, a Maryland appellate court decision mandates the disclosure of officer names and use-of-force reviews, reinforcing transparency under Anton's Law. Maryland agencies should reassess pending use-of-force record denials in light of this ruling.

Review these developments and adjust your records practices accordingly. See you next week.

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. The takeaway? It's time to compare your agency's numbers to these trends and prepare for budget discussions.

Next, the Department of Health and Human Services is restructuring to handle increased workloads by consolidating FOIA Requester Service Centers and hiring additional staff. This model of consolidation and shared systems could be a strategy for your agency to consider.

In legal news, two Oklahoma newsrooms are challenging whether state agencies can defer disclosure obligations to federal partners. This case could impact how intragovernmental agreements are treated under state law.

Finally, the federal records preservation regime is under scrutiny. The Justice Department's Office of Legal Counsel has declared the Presidential Records Act unconstitutional, affecting how records are preserved. Agencies should review their own preservation policies, especially regarding text messages and ephemeral communications.

That's it for this week's brief. Check the episode notes for links to the source material.

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 Department indicts a former senior official for FOIA evasion, marking a significant precedent in federal records preservation enforcement. The Electronic Frontier Foundation highlights a trend of states exempting automated license plate reader data from public records laws, with implications for records officers. In New Jersey, a long-standing records complaint remains unresolved, despite recent procedural reforms aimed at expediting decisions. Thanks for listening, and we'll see you next week.

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, a troubling precedent emerges as West Baton Rouge Parish sues a journalist over records requests, potentially signaling a new tactic for agencies under pressure. This could lead to similar legal maneuvers in other jurisdictions facing politically sensitive requests.

On the federal level, the Electronic Frontier Foundation has filed a lawsuit against the Department of Homeland Security and Immigration and Customs Enforcement for ignoring expedited FOIA requests. This case highlights the breakdown of statutory deadlines and suggests litigation may become the primary enforcement tool for expedited requests.

Finally, in California, a lawsuit against the city of San Jose seeks court-appointed oversight due to alleged sustained non-compliance with the Public Records Act. This case could set a precedent for structural intervention in response to repeated violations by public agencies.

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 to delay records requests, stonewalling access to documents related to a controversial search warrant. Oregon Governor Tina Kotek vetoed a bill that would have weakened public meetings law, following opposition from transparency advocates. Massachusetts received the "Black Hole" award for poor transparency, with ongoing disputes over legislative audit authority. A federal judge limited records discovery in a high-profile election investigation, denying Fulton County's request for FBI communications. Key developments this week impact records operations and compliance across various jurisdictions.

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, is implementing body-worn cameras for its sheriff's department following a fatal shooting incident with no video evidence. In Massachusetts, an oversight body blocked the Fall River Police Department from charging excessive fees for public records, highlighting ongoing transparency issues in the state. Stay tuned for updates on the New York City AI records FOIL decision and the Richmond FOIA whistleblower case.

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 general demands a county reverse its refusal to share criminal justice records with ICE, challenging local discretion under state law. A FOIA lawsuit forces the U.S. Trade Representative to release heavily redacted records related to the Liberation Day tariffs, highlighting litigation-driven compliance. Stay tuned for more updates next week.

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 requests, largely driven by AI-generated filings for police body camera footage. The surge has overwhelmed the city clerk's office, prompting a state task force to review public records laws.

In Rhode Island, a court has allowed a lawsuit to proceed, questioning whether Brown University's police department must comply with the state's public records law. The case could set a precedent for similar hybrid law enforcement arrangements.

A federal court has denied a motion to dismiss an APA challenge to a rule barring state and local governments from releasing ICE detainee records. The case raises questions about federal preemption of disclosure obligations.

Lastly, a D.C. district court has ordered the Department of Homeland Security to process a large volume of records, rejecting the agency's claim of undue burden due to request volume. The ruling emphasizes the use of technology in managing records requests.

That's your records brief for the week of March 23rd. We'll be back next week with more updates.