FREEDOM OF INFORMATION ACT
Massey & Gail represents businesses, non profit organizations, and individuals seeking information from the government under the federal Freedom of Information Act (FOIA) and state open records laws. Our lawyers foster government transparency and accountability, helping clients prepare FOIA requests, engaging with federal agencies concerning those requests, and representing clients in litigation against the government to compel the production of records. Our team includes the former Deputy Director of the Civil Division, Appellate Staff at the U.S. Department of Justice, who litigated many of the government’s most important FOIA cases, including those involving the use of “drones” in targeted killing, classified records concerning anti-terrorist operations, confidential business information, personal privacy protections, and law enforcement information.
We represent businesses seeking to safeguard confidential information provided to the government. FOIA’s “Exemption 4” protects commercial or financial information provided to the government under certain circumstances. We advise businesses that submit information to the government to ensure that sensitive confidential business information is not released. With our extensive experience dealing with government agencies and government litigators, we are adept at working within the system to ensure that the agency understands the confidential nature of a client’s commercial information before releasing any documents. We also are able to intervene in FOIA litigation to protect the interests of our business clients and to bring “reverse FOIA” actions to prevent agencies from releasing confidential business information.
We regularly try high-stakes, complex cases across the country in every type of forum—state and federal courts, administrative tribunals, arbitrations, and other dispute resolution proceedings—with great success. Our decades of experience in the courtroom, plus our deep bench of seasoned attorneys, give us uncommon litigation firepower. We are often asked to step in to try an already pending case after a client reexamines its trial team.
We have briefed and argued appeals in the U.S. Supreme Court, every federal circuit, and innumerable state courts. We handle appeals in every conceivable scenario—where our firm conducted the trial below and where we didn’t; where we are hired to replace existing counsel and where we are asked to work cooperatively alongside them. Whatever the circumstances, we provide a valuable, fresh appellate perspective and deliver excellent results for our clients.
We regularly represent clients before federal agencies and in state administrative and regulatory proceedings. We often use those proceedings as tools to resolve our clients’ business issues as an expeditious and cost-effective alternative to litigation. We also assist clients in submitting comments to proposed rules, meeting with government officials, and challenging agency rules after adoption. In addition, we have prepared court of appeals and U.S. Supreme Court briefs on important questions of administrative law.
We help clients understand and evaluate the costs and benefits of different options for resolving the issues they face. We understand that litigation is often the last resort rather than the first choice, and we strive to formulate out-of-the-box strategies for meeting client needs in a cost-effective and timely way. Our nimble teams of experienced attorneys identify innovative solutions where other firms cannot. We also help our in-house clients manage outside counsel in particularly large or fast-paced matters.