Kaplan Kirsch & Rockwell lawyers understand that successful representation of clients often involves access to sensitive information that may be legally required to be open to the public but is often strategically shielded from widespread public view. Our attorneys have expertise in both pursuing and defending against public records claims as well as claims under local and state public meetings laws.
For clients seeking access to federal government records, Kaplan Kirsch has developed a creative approach to preventing government agencies from applying common loopholes under the Freedom of Information Act (FOIA) . We frequently assist clients in reaching negotiated agreements under which the government agency voluntarily releases documents on a recurring basis without the need for repeated information requests. Our team has also worked with local governments to establish strategies to protect confidential legal strategies, even in the face of stringent public disclosure laws, where disclosure of such information would seriously compromise the client’s strategy and ability to achieve its objectives.
Our lawyers have broad experience in making and defending requests, as well as litigating unresolved issues under applicable laws, including FOIA, Federal Advisory Committee Act, state open meetings laws, state open records acts, and other similar provisions.
The public participation process that is an integral component of the Kaplan Kirsch practice is grounded in administrative law and the petition clause of the First Amendment. The firm also has specialized litigation experience in petition-related challenges and petition clause immunity, which are often implicated by testimony before and communications with governmental entities. Kaplan Kirsch has represented parties in the leading Colorado and Tenth Circuit petition clause cases and in legislative hearings on the issue.