Vaughn Index Support for Agency Counsel
Search this term and you get two things: the Justice Department’s own guidance, and job postings for FOIA analysts. No vendor is offering it, which is strange, because at volume it is a structured data problem. A Vaughn index is the document-by-document justification an agency files when it defends withholding in FOIA litigation. The name […]
Administrative Record Preparation for APA Cases
An APA challenge is not an eDiscovery case. There is usually no party discovery at all. What there is instead is a record that has to be assembled, numbered, redacted, indexed and certified — and vendors who sell it as eDiscovery give themselves away. Federal agency litigation has surged, and a great deal of it […]
FOIA Redaction Services for Agencies
FOIA does not just require you to redact. It requires you to show, on the released page, how much you took out and which exemption you used — and where feasible, to show it at the spot where the deletion was made. Most redaction software markets accuracy. The statutory obligation is about disclosure of the […]