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Courses/Law/State-Specific Law

Freedom of Information Law for Plaintiffs and Defendants

Understand New York’s Freedom of Information Law (FOIL) for effective legal practice, from attorney’s fees to record requests and appeals.

Created byNYS Academy of Trial Lawyers
BeginnerUpdated Feb 19, 2025
Freedom of Information Law for Plaintiffs and Defendants

What You'll Learn

check_circleLearn the fundamentals of New York’s Freedom of Information Law (FOIL) and how it applies to both plaintiffs and defendants.
check_circleUnderstand the rules around requesting public records and the definition of what constitutes a “record.”
check_circleMaster the process of appealing FOIL denials and delays, including how to file an Article 78 petition.
check_circleRecognize when you have "substantially prevailed" under FOIL and how this impacts the awarding of attorney’s fees.

About This Course

This course will cover the basics of the Freedom of Information Law, with a special emphasis on winning and defending applications for attorneys' fees and costs. We will also discuss how practitioners can make greater use of FOIL in their everyday practice.

Topics List:

  • Introduction to FOIL and Attorney’s Fees
  • Understanding FOIL Basics: Agencies and Records
  • What Constitutes a FOIL Record?
  • Making Effective FOIL Requests
  • Timelines for FOIL Responses
  • How to Handle Denials and Appeals
  • Substantially Prevailing under FOIL
  • Failure to Timely Respond and Its Legal Implications
  • Determining No Reasonable Basis for Denial of Access
  • How to Apply for Attorney’s Fees in FOIL Cases

Your Instructors

NYS Academy of Trial Lawyers
NYS Academy of Trial Lawyers
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The NYS Academy of Trial Lawyers is the largest statewide trial bar in the US with 5,700+ lawyer and judge members. We are committed to protecting, preserving and enhancing the civil justice system. Our highly acclaimed CLE programming features extraordinary presenters covering the most timely and important topics.

Anthony  Fasano, Esq.
Anthony Fasano, Esq.

Senior Partner at Guercio & Guercio, LLP

Anthony J. Fasano is a senior partner with the firm. His practice focuses on providing general and labor counsel to municipalities, as well as handling civil litigation, construction law, and government investigations. Anthony brings diverse litigation experience to the firm, with experience in both state and federal trial and appellate courts, grievance arbitrations, employee disciplinary proceedings, and proceedings before the New York Public Employment Relations Board, the U.S. Equal Employment Opportunity Commission, and the New York State Division of Human Rights. Anthony is the co-chair of the firm's personal injury practice group. He handles all aspects of civil litigation from inception to trial and appellate work, representing both plaintiffs and defendants. This broad range of knowledge provides a significant advantage to clients, as Anthony is able to see cases from both sides, leading to consistent and predictable results. Anthony also chairs the firm's Freedom of Information Law ("FOIL") practice group. As one of the few attorneys in the state focusing on FOIL, Anthony has developed extensive knowledge in FOIL litigation, enabling the firm to provide strong representation for its clients in FOIL matters. He graduated cum laude from Touro College, Jacob D. Fuchsberg Law Center, where he served as a research editor on the Touro Law Review. His case note, The Decline of the Confrontation Clause in New York – People v. Encarnacion, 28 Touro L. Rev. 929 (2012), was published and later cited by a New York Supreme Court in People v. Umpierre, 951 N.Y.S.2d 382 (Sup. Ct. Bronx County 2012). During law school, Anthony interned with the Honorable Joseph F. Bianco of the Eastern District of New York—now a judge on the U.S. Court of Appeals for the Second Circuit—the United States Attorney's Office for the Eastern District of New York, and Guercio & Guercio, LLP. In addition to his academic achievements, Anthony was commissioned as a second lieutenant in the New York Army National Guard after graduating from the Hofstra University Reserve Officers' Training Corps, where he earned the George C. Marshall Award for overall outstanding student in military studies and leadership. He graduated from the U.S. Army Field Artillery Basic Officer Leader Course. Anthony was honorably discharged from the New York Army National Guard in 2014.

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We are a registered provider with 327+ associations and regulatory bodies worldwide. We operate across 29 global markets including Canada, the US, Australia, and the UK. Every course page clearly displays its specific accreditations. Upon completion, you receive a professional certificate that can be validated online. Our certificates include all necessary accreditation details, credit hours, and completion dates, and are formatted specifically to meet the submission requirements of most global regulatory bodies.

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