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17 Oct 2012, 8:30 am by Julie Brook, Esq.
What kind of reports does the custodian generate? [read post]
12 Sep 2017, 12:26 pm by Phillips & Associates
There was unwanted groping, invitations to the foreman’s office where the foreman was sitting unclothed, and promises of favorable work assignments in exchange for sex, according to the woman. [read post]
7 Sep 2017, 8:53 am by John Hopkins
We need to approach discovery in the digital age not like we did when hard copy documents would be found in a file folder, in a file cabinet, in a hallway of the defendant’s offices. [read post]
8 Apr 2016, 4:00 am by The Public Employment Law Press
A FOIL request is required only in the event the custodian of the public record[s] sought declines to “voluntarily” provide the information or record requested. [read post]
6 Dec 2013, 5:45 pm by Shahram Miri
If you have any questions please call my office, (408) 866-8382 for a complimentary consultation or email me, s.miri@mirilaw. [read post]
28 Aug 2015, 1:26 pm by Francis Pileggi
  The duty of loyalty mandates that the best interest of the corporation and its shareholders takes precedence over any interest possessed by a director, officer or controlling shareholder and not shared by the stockholders generally. [read post]
16 May 2019, 4:00 am by Public Employment Law Press
The custodian of the records or documents requested may elect, but is not required, to withhold those items that otherwise within the ambit of the several exceptions to disclosure permitted by FOIL. [read post]
16 May 2019, 4:00 am by Public Employment Law Press
The custodian of the records or documents requested may elect, but is not required, to withhold those items that otherwise within the ambit of the several exceptions to disclosure permitted by FOIL. [read post]
8 Jul 2010, 4:09 am
A “conclusory affidavit” by the custodian of the records that are the target of a FOIL request insufficient to trigger a FOIL “statutory exception”Matter of Capital Newspapers Div. of the Hearst Corp. v City of Albany, 2010 NY Slip Op 05704, Decided on July 1, 2010, Court of AppealsThe Court of Appeals held that the City of Albany failed to meet its burden of demonstrating that the records sought by Capital Newspapers pursuant to a FOIL request were "personnel… [read post]
26 Jun 2016, 1:08 pm by Francis Pileggi
This post was prepared by Justin Forcier, an associate in the Wilmington office of Eckert Seamans. [read post]
28 Jul 2015, 4:00 am by The Public Employment Law Press
However, it should also be noted that there is no statutory bar to the custodian of the public record providing documents pursuant to a FOIL request, or otherwise, that falls within one or more of the exceptions that the custodian could rely upon in denying a FOIL request, in whole or in part. [read post]
5 Apr 2010, 12:31 pm by Keith L. Miller
April 5, 2010 - IRA custodians, Zia Trust, Inc., Sunwest Trust, Inc., and Sterling Trust Company, hold funds as custodians for investors with self-directed Individual Retirement Accounts ("IRAs"). [read post]
23 Apr 2019, 4:00 am by Public Employment Law Press
*Arguing that Civil Rights Law §50-a(1) was inapplicable because [1] the police officer was now retired and [2] the requested records are not "personnel records" because the custodian of the records was employed by an agency independent from the former Detective's employer, Plaintiff challenged the custodian's decision by initiating a CPLR Article 78 action seeking a court order to compel production of any such records. [read post]
23 Apr 2019, 4:00 am by Public Employment Law Press
*Arguing that Civil Rights Law §50-a(1) was inapplicable because [1] the police officer was now retired and [2] the requested records are not "personnel records" because the custodian of the records was employed by an agency independent from the former Detective's employer, Plaintiff challenged the custodian's decision by initiating a CPLR Article 78 action seeking a court order to compel production of any such records. [read post]
4 Mar 2009, 4:15 am
The custodian of the records has the burden of proving that information it withheld in responding to a FOIL request is within a FOIL exemptionMatter of U.S. [read post]
27 Oct 2014, 12:50 am by The Public Employment Law Press
Nassau argued that that redaction was proper pursuant to the "unwarranted invasion of personal privacy" statutory exemption, citing Public Officers Law § 87[2][b], claiming that disclosing the captains' signatures "would result in economic or personal hardship to the subject party" and the signatures were "not relevant to the work of the agency. [read post]
15 Jan 2020, 6:00 am by Bob Ambrogi
A product coming out today from the e-discovery company CloudNine makes it easy to collect email and attachments from Office 365 email custodians and Microsoft OneDrive cloud storage files. [read post]
3 Aug 2016, 4:00 am by The Public Employment Law Press
Seeking documents that the custodian of the records contends may be denied pursuant to one or more Freedom of Information Law “exemptions from disclosure”Rose v Albany County Dist. [read post]
8 Nov 2010, 3:54 am
Investigation showed the fire began in the custodians’ area of the school and was caused by cigarettes igniting waste paper in a plastic trash pail that had not been emptied.The school board dismissed custodian Clement Russo after he was found guilty of “charges of misconduct and incompetence concerning a smoke condition in the school at which he was employed. [read post]