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Jake Wunsch

The Court of Appeals applied the full rigor of Rule 76a to alleged trade secrets, notching a win for advocates of open access to public records in Texas.

Mar 2021

Texas Appellate Court Declines to Seal Court Records Shining Light on Defective Toyota Product

The Court of Appeals applied the full rigor of Rule 76a to alleged trade secrets, notching a win for advocates of open access to public records in Texas.

Mar 2021

SDNY Dismisses #Metoo Libel Suit – Rejects Claims of “Physical Impossibility”

A hedge fund founder accused of sexual harassment by five former employees failed to plausibly allege that a Boston Globe online science and health publication acted in a grossly irresponsible manner by publishing an article reporting on the allegations.

Mar 2021

Signed, Sealed, Delivered: Fifth Circuit Addresses Growing Concern With Overbroad Sealing Practices

The panel addressed a “peripheral-yet-essential point: Judicial records are public records. And public records, by definition, presume public access.”

Mar 2021

Court Unseals Government Docs in Prosecutor Misconduct Inquiry

A New York federal district court ordered the unsealing of government emails, text messages and other documents at the heart of an extraordinary prosecutorial misconduct inquiry involving the elite terrorism and international narcotics unit in the U.S. Attorney’s Office for the SDNY.

Mar 2021

D.C. Court of Appeals Rules in Favor of CIA on Syria Program FOIA Request

The appellate court’s “who-knows-for-sure” standard is rhetorically striking and illustrates the virtually unbridled deference courts give to federal agencies in FOIA cases involving national security.

Mar 2021

New York Federal Court “SLAPPS” #MeToo Defamation Claims

This decision appears to be the first in federal court to apply the revised New York anti-SLAPP statute in a case not involving a public figure.

Mar 2021

Judge Orders Release Under FOIA of Report on Sexual Abuse of Children at Federal Health Agency

In consolidated cases brought by The New York Times and The Wall Street Journal, a federal magistrate judge has ordered the federal government to make public a contractor’s report about mismanagement at the Indian Health Service that allowed a doctor to sexually abuse children for more than two decades.

Mar 2021

From the Executive Director’s Desk: An MLRC Trivia Quiz for the Start of Spring

As vaccinations increase and the warmth of Spring begin to envelop us, I thought it was time for a lighter column.

Mar 2021

SCOTUS Sides with Fish & Wildlife Service in FOIA Battle

The Supreme Court held that opinions designated as drafts by an agency are protected from disclosure under Exemption 5 of the federal Freedom of Information Act, even when they serve as an agency’s last word on a proposed course of action.

Mar 2021

PA High Court Upholds Gag Order Forbidding Mother from Speaking Her Own Name

The Pennsylvania Supreme Court, in the face of a powerful dissent, upheld a stunningly capacious gag order last December.