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The Spoils of FOIL 2019 (Plaintiff only CLE: signed affidavit required)


Date: 01/29/2019

January 29, 2019


2 Skills CLE Credits



This CLE program is a NYSTLA MEMBER PLAINTIFFS-ONLY event. All registrants will sign an affidavit prior to receiving the material as to both their and their firm’s plaintiffs-only status. 



The CLE on the Freedom of Information Law will be an update from the last FOIL cle and will address recent relevant case law.  You will learn your rights under FOIL, as well as what records and documents should be accessible to you, the different methods that you can use to obtain access to those records, and what exemptions to the FOIL law apply in what situations. Different resources and options are available to you through the Committee from Open Government's website. This is just a portion of what will be covered in this lecture.


Additionally, there will be extensive discussion regarding the extensive delays by the municipalities in producing the FOIL responses, different types of exemptions asserted. Your firm will learn the practical application of FOIL in your daily practice. You will learn methods of obtaining records for all your municipal cases as well as those cases where the municipality is not defendant but has relevant records.


The principles behind how and why which records are able to be ascertained through FOIL. You will learn how to switch positions in court from explaining why you need records, to the municipality explaining why they should not have to give you records. All types of municipal records will be covered from Police through Transit records and everything in between. Once again case law and model Article 78 Petitions will be provided in the materials with detailed explanations as to how to use the FOIL law to get what you are entitled to and understanding when you are entitled to attorney fees for the time spent attempting to obtain these records.


Attendees are encouraged to bring their FOIL denials with them and there will be a question and answer period addressing specific FOIL issue. Attendees are encouraged to email their denials or issues to togburn@nystla.org before the course.



David A. Roth, Esq - Chair
Roth & Roth, L.L.P.