Basics of Filing & Litigating Freedom of Information Act Requests

$195.00

Re-Broadcast on December 21, 2017

This class explains how to file requests under the federal Freedom of Information Act (FOIA). It alerts partic­ipants to issues that arise in FOIA litigation. The CLE will demonstrate how to frame and pursue FOIA requests be­fore different federal agencies, update attendees on any new FOIA guidelines, and discuss FOIA exemptions. Because FOIA litigation is quite specialized, the class focuses on the litigation of FOIA cases before district courts. This course also addresses the different standards and procedures that apply to FOIA cases. Minimal knowledge of the FOIA will be presumed but is not required of attendees. A brief discussion of Privacy Act requests and litigation is included in the class.

This course is co-sponsored with myLawCLE.

Key topics to be discussed:

•   Freedom of Information
•   Government Transparency
•   Administrative & Litigation process

Date / Time: December 21, 2017

•   2:00 pm – 4:00 pm Eastern
•   1:00 pm – 3:00 pm Central
•   12:00 pm – 2:00 pm Mountain
•   11:00 am – 1:00 pm Pacific

Choose a format:

•   Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
•   On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 7 business days after the original recording date and are view-able for up to one year.

Clear

Re-Broadcast on December 21, 2017

MarkZaidMark S. Zaid, Esq. is a Washington, D.C. based attorney who specializes in crisis management and innovatively handling simple and complex administrative and litigation matters relating to national security, international law, foreign sovereign and diplomatic immunity, defamation (plaintiff) and the Freedom of Information/Privacy Acts (FOI/PA).

Through his practice Mr. Zaid often represents former/current federal employees, particularly intelligence and military officers, defense contractors, Whistleblowers and others who have grievances, have been wronged or are being investigated by agencies of the United States Government or foreign governments, as well as members of the media. Mr. Zaid teaches the D.C. Bar Continuing Legal Education classes on “The Basics of Filing and Litigating Freedom of Information/Privacy Act Requests” (since 2003), “Defending Security Clearances” (since 2006) and “Handling Whistleblower Cases: More Than the Basics” (since 2016).

Since 2009, he has been named both a Washington, D.C. Super Lawyer every year (including being profiled) and a “Best Lawyer” in Washingtonian Magazine’s bi-annual designation for his national security work. As the National Law Journal once wrote, “if Agent Mulder ever needed a lawyer, Zaid would be his man.”

Mr. Zaid is also the Executive Director and founder of the James Madison Project, a Washington, D.C.-based organization, with the primary purpose of educating the public on issues relating to intelligence gathering and operations, secrecy policies, national security and government wrongdoing. Additionally, Mr. Zaid is an adjunct professor at Johns Hopkins University in the Global Security Studies program where he teaches on national security issues.

In connection with his legal practice on international and national security matters, Mr. Zaid has testified before, or provided testimony to, a variety of governmental bodies including the Senate Judiciary Committee, the Senate Governmental Affairs Committee, the House Judiciary Committee, the House Government Operations Committee, the Department of Energy, the Public Interest Declassification Board and the Assassination Records Review Board. From 2014-2016, he served as an appointed Member by the Archivist of the United States to the Freedom of Information Act Advisory Committee. “Curiously for this town,” once wrote the American Bar Association Journal, “Zaid is an equal opportunity thorn out to pierce the sides of suit jackets bearing both elephants and donkeys on the lapels.”

A 1992 graduate and Associate Editor of the Law Review of Albany Law School of Union University in New York, for which he now sits as a member of its’ Board of Trustees, he completed his undergraduate education (cum laude) in 1989 at the University of Rochester, New York with honors in Political Science and high honors in History. Mr. Zaid is a member of the Bars of New York State, Connecticut, the District of Columbia, Maryland and numerous federal courts. He currently possesses TS/SCI eligibility and has had Q level access.

CLE Accreditation:
mylawCLE seeks approval in all states except VA.

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Accreditation Policy
myLawCLE will seek credit where attending attorneys are primarily licensed for all of its live webinars and live teleconferences, except in states which allow for reciprocity (see reciprocity section below). Credit for CLE in a self-study format is sought for in most states; however, some states do not allow for CLE credit to be earned in a self-study format (see the self-study section below). Many states typically decide whether a program qualifies for MCLE credit in their jurisdiction 4-8 weeks after the program application is submitted. For many live events, credit approval is not received prior to the program. Credit hours granted are subject to approval from each state.

Reciprocity
Additionally, some states allow for credit to be granted on a 1:1 reciprocal basis for courses approved in another mandatory CLE jurisdiction state. This is known as a reciprocity provision and includes the following states: AK, AR, CO, FL, ME, MT, ND, NH, NJ, NY, PR, and SD. myLawCLE does not seek direct accreditation of live webinars or teleconferences in these states.

On-demand CLE
myLawCLE will seek on-demand approval in all states except Virginia and Arkansas (outside reciprocal provisions stated above).


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myLawCLE offers a program and credit approval guarantee. If a registered attendee is unhappy with a CLE program they have attended, myLawCLE will offer that attended access to another complimentary CLE or a full refund in order to insure the attendeeís satisfaction.

Additionally, on all online CLE programs application for approval will be made in all states where attending attorneys are primarily licensed in. If a registered attorney does not receive credit from their state for any reason, a full refund will be granted.

Section I. Brief Overview of FOIA and Privacy Act

Section II. Procedural Requirements for Filing FOIA and Privacy Act Requests
a) How to submit a request
b) The responsibilities of the requester and the agency
        i. Fee categories/waivers
        ii. Expediting responses
c) Appealing an agency administrative denial
        i. Crafting an administrative appeal
        ii. Exhaustion of administrative remedies

Section III. Using E-FOIA to your Advantage

Section IV. Discussion of Exemptions

Section V. Litigating a FOIA and/or Privacy Act Lawsuit
a) Standard of review/Answer
b) Open America stays
c) Dispositive motions
d) Vaughn indices
e) Adequacy of search
f) Discovery

Section VI. Attorney’s Fees and Costs
a) What constitutes a prevailing party
b) Buckhannon

Section VII. Appeals

Section VIII. Final Tips and Strategies