Backlog Defenses, Coaching Records, Foreseeable Harm, and Anton's Law

This week, we're diving into four pivotal court rulings impacting records management. First, a federal court ruling in Mora v. CBP offers agencies a shield against systemic-delay lawsuits by setting a standard for backlog declarations. Agencies should audit their backlog declarations to ensure compliance with this new standard. In Minnesota, the Court of Appeals ruled that informal performance management tools like coaching are subject to disclosure, expanding the scope of what constitutes disciplinary records. Agencies should review internal communications regarding informal corrective actions. The Sixth Circuit's decision in Energy & Policy Institute v. TVA raises the bar for Exemption 4 commercial-harm declarations, emphasizing the need for specific foreseeable harm articulation. Agencies must update their Exemption 4 templates accordingly. Finally, a Maryland appellate court decision mandates the disclosure of officer names and use-of-force reviews, reinforcing transparency under Anton's Law. Maryland agencies should reassess pending use-of-force record denials in light of this ruling. Review these developments and adjust your records practices accordingly. See you next week. 📚 Sources: https://www.foiaadvisor.com/foia-blog/2026/5/19/court-opinion-issued-may-18-2026 https://minnesotareformer.com/2026/05/20/appeals-court-sides-with-open-government-group-in-fight-over-minneapolis-police-coaching-records/ https://www.foiaadvisor.com/foia-blog/2026/5/11/court-opinion-issued-may-8-2026 https://thedailyrecord.com/2026/04/15/maryland-court-officer-names-police-use-of-force/