In this episode of our special 12 Days of Regulatory Insights podcast series, RISE Practice Group Partners Lauren Fincher and Brian O’Reilly look at practical, recent developments and trends in open records laws for 2025. They explore the diverse — and often competing — perspectives in the public records space: protecting sensitive business information submitted to government versus fulfilling disclosure obligations as a governmental body.
Lauren and Brian cover front-end strategies (including contract language), navigating exceptions to disclosure, seeking attorney general opinions, and litigating adverse rulings. They also share counseling insights for third parties and how requesters can use open records laws strategically. The episode examines the growing impact of technology: AI-drafted requests that unintentionally trigger “anticipated litigation” issues, the explosion of record types driving volume and burden, and ongoing debates over producible formats and search tools. Finally, they survey the evolving legislative landscape, including New York’s recent veto of a bill to cap response times and Texas’s strict, nonextendable deadlines, and discuss why fast-moving technology makes statutory updates challenging.
Transcript: 12 Days of Regulatory Insights: Day 4 – Open Records Realities (PDF)