Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
FOIA In 2025: Beat the Backlog, Avoid Lawsuits and Reduce Cyber Risk
The Freedom of Information Act (FOIA) stands at a critical juncture heading into 2025. Federal agencies are grappling with mounting backlogs, increasingly complex data landscapes, and rising cybersecurity threats. As a new administration takes office, the urgency to adopt innovative, effective solutions has never been greater.
A New Administration Likely to Repeat Old Patterns
Naturally, FOIA activity has always been shaped by the administration in power. The president not only sets the tone for transparency and accountability in government conduct — the very principles upon which FOIA is built — but also makes key decisions about resource allocation that directly impact agency efficiency.
The latter is particularly relevant for FOIA given the persistent backlogs and challenges agencies face in responding to requests within the mandated 20 business days.
As of Q3 2024, the Biden administration had over 222,000 backlogged requests — a 10% increase from the prior year. Larger requests (involving over 50 documents) often took up to two years. Frustrated requesters increasingly seek recourse through litigation, further straining agency resources.
Based on historical data, these conditions will likely worsen under the new administration. During President Trump’s first term, FOIA requests reached historic highs, fueled by journalists, advocacy groups, and regular citizens with a heightened interest in the inner workings of the government due to an unconventional president.
Transition years typically bring a flurry of FOIA activity as requesters pursue context on how appointees are vetted and look for signals of early policy shifts. The current year is no exception; agencies slated to get new leadership are already dealing with an influx of requests. Agencies in areas where Trump has signaled sweeping policy shifts (think: immigration and international relations) should also brace for a substantial surge.
Interestingly, the newly formed Department of Government Efficiency (DOGE) commission is not officially classified as an agency, meaning it’s currently exempt from FOIA requirements — an ironic loophole for an initiative designed to target efficiency challenges like FOIA backlogs. If DOGE ever becomes an official agency, we can expect to see a flood of FOIA activity there, too.
Amidst an impending rise in FOIA requests, Trump has already instituted a federal hiring freeze and promised to carry out workforce reductions as well, both of which threaten to exacerbate backlogs and litigation risks.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
Role and Responsibilities of Practice Group Leaders
Ideally, the objective of defining the role and responsibilities of Practice Group Leaders should be to establish just enough structure and accountability within their respective practice group to maximize the economic potential of the firm, while institutionalizing the principles of leadership and teamwork.