Nossaman LLP

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777 South Figueroa Street
34th Floor
Los Angeles, CA 90017, United States
Phone: 213.612.7800
Fax: 213.612.7801
Areas of Practice
  • Administrative Law
  • Antitrust & Trade Regulation
  • Bankruptcy
  • Commercial Law & Contracts
  • Communications & Media Law
  • Construction Law
  • Debtor/Creditor
  • Elections & Politics
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Real Estate
  • Securities Law
  • Taxation
  • Transportation
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • California
  • D.C.
  • Texas
  • Washington
Number of Attorneys
100+ Attorneys

Should You Participate in the IRS Offshore Voluntary Disclosure Program?

2014 marked a significant increase in the enforcement efforts by the IRS and Department of Justice against non-compliant U.S. taxpayers who failed to report their off-shore bank accounts and earnings.  Grand Jury proceedings…more

Criminal Prosecution, DOJ, Enforcement Actions, FBAR, IRS

See all updates »

Rest Assured – California Supreme Court Clarifies What One Day's Rest in Seven Means

In Mendoza v. Nordstrom, Inc., the California Supreme Court unanimously ruled that employees are guaranteed one day of rest for each defined workweek. However, an employee may voluntarily decide to work more than six days and…more

Day of Rest Laws, Employer Liability Issues, Employment Litigation, Labor Law Violations, Nordstrom Inc.

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OCTA Signs DB Contract for $1.9 Billion Managed Lanes Project in California

Last week the Orange County Transportation Authority executed the design/build contract for the I-405 Improvement Project with OC405 Partners, a joint venture consisting of OHL USA and Astaldi Construction Corporation. With a…more

Design-Build, Highways, Public Projects, Sales Tax, State and Local Government

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Secretary Zinke Orders Review of Sage-grouse Management Plans

On June 8th, 2017, Department of Interior (DOI) Secretary Ryan Zinke signed Secretarial Order 3353, entitled “Greater Sage-Grouse Conservation and Cooperation with Western States.” This Order initiates the assessment of both…more

Bureau of Land Management, Conservation, Department of the Interior, Endangered Species, Endangered Species Act (ESA)

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Impact to Calif. Employers From Hobby Lobby Ruling

On June 30, 2014, the U.S. Supreme Court handed down its decision in the Burwell v. Hobby Lobby case, holding that closely held corporations could refuse to provide contraceptive coverage mandated by U.S. Department of Health…more

Affordable Care Act, Burwell v Hobby Lobby, Contraceptive Coverage Mandate, Contraceptives, Employer Group Health Plans

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President Trump Orders Review of National Monument Designations Under the Antiquities Act

On April 26, 2017, President Trump signed Executive Order 13792, Review of Designations Under the Antiquities Act (“Order”), which requires the Secretary of the Interior (“Secretary”) to review all Presidential designations of…more

Antiquities Act, Department of the Interior, Executive Orders, Federal Land, National Monuments

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Federal Contribution Limits for 2018 Election Cycle: Déjà vu Edition

The Federal Election Commission just announced the contribution limits for the 2017-2018 election cycle, and the big news is: they look a lot like the 2016 cycle limits. Under the Bipartisan Campaign Reform Act of 2002 (BCRA),…more

Contribution Limits, Federal Election Commission (FEC), PACs, Political Contributions

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FTA Publishes Buy America Handbook Addressing Rolling Stock

Federal Transit Administration (“FTA”) grant recipients and the firms that work on the projects have a twenty years in the making, updated resource to assist them in one of the more complex areas of FTA projects. The FTA last…more

Audits, Buy America, Federal Grants, Federal Transit Administration, Fixing America’s Surface Transportation Act (FAST Act)

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LA Metro Pursues Independent P3 Authority: ABX 1-12

Los Angeles County Metropolitan Transportation Authority (“LA Metro”) is pursuing new public-private partnership (P3) legislation, Assembly bill ABX 1-12 (“Bill 12”). Bill 12, introduced and read for the first time on August…more

Caltrans, Construction Industry, Critical Infrastructure Sectors, Engineering, Highways

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Mergers Just Became Safer for California’s Corporate Policyholders

This morning the California Supreme Court announced the thoroughly sensible ruling that a corporation may transfer its rights under liability insurance policies without obtaining the consent of the insurance company. Fluor…more

Asbestos, Asbestos Litigation, CA Supreme Court, Denial of Insurance Coverage, Fluor

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P3 Turns the Lights On in Detroit, Michigan

The first freeway lighting system public-private-partnership (P3) in the U.S. closed on August 24, 2015, with the Michigan Department of Transportation (MDOT) and Freeway Lighting Partners, LLC, (FLP) reaching simultaneous…more

Department of Transportation (DOT), Highways, Infrastructure, Lighting Equipment, Public Private Partnerships (P3s)

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U.S. Department of Transportation Solicits Project Applications for $850 Million in FASTLANE Grants

The U.S. Department of Transportation (USDOT) is calling for project applications for $850 million in transportation infrastructure grants, representing the second opportunity for funding from a program that has already received…more

Department of Transportation (DOT), Federal Grants, Fixing America’s Surface Transportation Act (FAST Act), General Solicitation, Infrastructure

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Air Traffic Control Reform – Is It an Idea Whose Time Has Finally Come?

President Trump kicked off “infrastructure week” on Monday, June 5th, by proposing to “corporatize” the U.S. air traffic control system, shifting about 35,000 workers, including unionized traffic controllers, technicians, and…more

Air Traffic Control Systems, Airlines, Airports, Aviation Industry, Critical Infrastructure Sectors

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Did You Know...The Qyburnian Resurrection of the Jiffy June Standard: The New Battle of Cash-in-Lieu and the Reasonable Rate of Pay

In a case of first impression, the Ninth Circuit held in Flores v. City of San Gabriel that an employer was liable to a class of employees for failing to include cash-in-lieu of benefits payments in its calculation of the…more

Employee Benefits, Employer Liability Issues, First Impression, Flexible Spending Accounts, FLSA

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New California Regulations Further Limit Employers' Ability to Use Criminal History in Making Employment Decisions

Effective July 1, 2017, new regulations from the California Fair Employment and Housing Council will further limit an employer’s ability to consider the criminal history of a job applicant or employee when making employment…more

Adverse Employment Action, Background Checks, Ban the Box, Conditional Job Offers, Criminal Background Checks

See all updates »

BRN Sunset Report Criticizes Enforcement Process, Treatment of Nurse-Midwives

The California Board of Registered Nursing (BRN) received a negative evaluation of its enforcement program in the most recent sunset review. The sunset review included a performance audit by the California State Auditor due to…more

Audits, Consumer Complaint System, Health Care Providers, Nurses, Policies and Procedures

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[Webinar] The Murky World of Water Policy Made Clear - June 21st, 10:00am PT

Join Nossaman attorneys and policy advisors for a timely discussion of proposed water efficiency laws that are changing the landscape of water resource management. This webinar for CLE credit* will update you on the legislative…more

Continuing Legal Education, Drought, Governor Brown, Pending Legislation, Sustainable Groundwater Management Act (SGMA)

See all updates »

National Council for Public Private Partnerships asks “What’s Next?” at its Annual P3 Connect Conference

The National Council for Public Private Partnerships, reengineered its 2016 “P3 Connect” annual conference June 27 to 29, 2016, posing the question “What’s Next” for public-private partnerships in the United States. NCPPP (as…more

Market Participants, Professional Conferences, Public Private Partnerships (P3s)

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U.S. District Court Finds EPA Erred in Approving Pesticides Known To Impact Endangered Species

On May 8, 2017, the U.S. District Court for the Northern District of California granted, in part, a motion for summary judgment brought by plaintiffs in a suit challenging the U.S. Environmental Protection Agency’s (“EPA”)…more

Article III, Chemicals, Endangered Species, Endangered Species Act (ESA), Environmental Violations

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Electronic Health Records Donations: Proposed CMS And OIG Rules Revise Stark Exception And Anti-Kickback Safe Harbor

On April 10, 2013, the Centers for Medicare & Medicaid Services (‘‘CMS'') and the Office of the Inspector General of the Department of Health and Human Services (‘‘OIG'') published twin proposed rules that amend and extend the…more

Anti-Corruption, Anti-Kickback Statute, CMS, Electronic Medical Records, HHS

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Executive Order That Seeks to Undo Obama Administration's "Waters of the United States" Rule Has More Limited Immediate Impacts

Debate and uncertainty regarding the extent of federal jurisdiction under the Clean Water Act will continue under the Executive Order. On February 28, 2017, President Trump issued an Executive Order entitled “Restoring the…more

Clean Water Act, Deregulation, EPA, Executive Orders, Navigable Waters

See all updates »

[Event] Nossaman's 2017 Southern California Eminent Domain Seminar - March 2nd, Los Angeles, CA

Nossaman LLP invites you to join us for our 2017 Southern California Eminent Domain Seminar, "Right of Way & Legal Strategies for Successful Project Delivery." This complimentary afternoon seminar will provide insight on…more

Acquisitions, Appraisal Rights, Consultants, Easements, Eminent Domain

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[Event] 2nd Annual West Coast Ambulatory Surgery Center Seminar - October 6, Los Angeles, CA (Early Bird Registration ends Aug. 21)

Please join us for Nossaman LLP's 2nd Annual West Coast Ambulatory Surgery Center Seminar and learn from seasoned industry experts the key strategies for successfully navigating healthcare's rocky shores relating to ASCs,…more

Ambulatory Surgery Centers, Events, Hospital Mergers, Managed Care Contracts, Mergers

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Ninth Circuit Reaffirms Policyholder Right to Sue Recalcitrant Excess Insurer

A new opinion published on March 21, 2017 from the Ninth Circuit (Teleflex Medical Inc. v National Union, Case no 14-56366 ) affirmed a $6+ M judgment against AIG subsidiary National Union, who was excess a primary policy issued…more

Bad Faith, Breach of Contract, Disparagement, Insurance Industry, Insurance Litigation

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A Rise in the Tides for Water Infrastructure

It’s been a productive time for advocates of water in the U.S. with President Obama signing into law the Water Infrastructure Improvements for the Nation Act (WIIN). WIIN includes the Water Resources Development Act of 2016…more

Barack Obama, Drinking Water, Drought, EPA, Flint Water Crisis

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Rest Assured – California Supreme Court Clarifies What One Day's Rest in Seven Means

In Mendoza v. Nordstrom, Inc., the California Supreme Court unanimously ruled that employees are guaranteed one day of rest for each defined workweek. However, an employee may voluntarily decide to work more than six days and…more

Day of Rest Laws, Employer Liability Issues, Employment Litigation, Labor Law Violations, Nordstrom Inc.

See all updates »

Toll Road Use on the Rise

Drivers in the U.S. are seeing the benefits of toll roads, according to a new report published by the International Bridge, Tunnel and Turnpike Association (IBTTA). The 2015 Report on Tolling in the United States (June 30,…more

Federal Highway Administration, Infrastructure, Roads, Tolls, Transportation Corridor

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[Event] Nossaman's 3rd Annual West Coast Ambulatory Surgery Center Seminar - September 27th, Los Angeles, CA

Please join us for Nossaman LLP’s 3rd Annual West Coast Ambulatory Surgery Center Seminar. During this one-day program you will learn important ASC industry information, allowing you to stay ahead of the curve and safely…more

Acquisitions, Ambulatory Surgery Centers, Events, Health Care Providers, Intellectual Property Protection

See all updates »

[Webinar] The Murky World of Water Policy Made Clear - June 21st, 10:00am PT

Join Nossaman attorneys and policy advisors for a timely discussion of proposed water efficiency laws that are changing the landscape of water resource management. This webinar for CLE credit* will update you on the legislative…more

Continuing Legal Education, Drought, Governor Brown, Pending Legislation, Sustainable Groundwater Management Act (SGMA)

See all updates »

U.S. Senate Subcommittee to Hold Hearing on Innovative Solutions for Infrastructure

On Tuesday, May 16, 2017 the Senate’s Committee on Environment and Public Works Subcommittee on Transportation and Infrastructure will hold a hearing titled “Leveraging Federal Funding; Innovative Solutions for Infrastructure.”…more

Critical Infrastructure Sectors, Department of Transportation (DOT), Federal Funding, Highways, Public Private Partnerships (P3s)

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New Harbor Bridge Set to Launch

On September 28, 2015, the Texas Department of Transportation and Flatiron/Dragados, LLC (Developer) entered into a comprehensive development agreement (Agreement) for the Harbor Bridge Replacement Project in Corpus Christi…more

Bridges, Construction Contracts, Department of Transportation (DOT), Infrastructure, Reconstruction

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[Webinar] Rate Issues and Design; Proposition 218 and Proposition 26 - January 12th, 1:00pm PST

Join Nossaman attorneys for a timely discussion of issues related to water rate design and pricing. This webinar for CLE credit* will explain the theory of water rate design and address similarities and differences between rate…more

Continuing Legal Education, Government Agencies, Investor-Owned Utilities, Pricing, Proposition 218

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GAO Finds Decline in Compliance With Reporting Lobbying Dollars; Enforcement on the Rise

On Friday, March 31, 2017, the United States Government Accountability Office (GAO) published its annual audit of compliance with the Lobbying Disclosure Act of 1995 (LDA), as amended by the Honest Leadership and Open Government…more

Disclosure Requirements, GAO, Lobbying, Lobbying Disclosure Act, Reporting Requirements

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[Event] Nossaman's 3rd Annual West Coast Ambulatory Surgery Center Seminar - September 27th, Los Angeles, CA

Please join us for Nossaman LLP’s 3rd Annual West Coast Ambulatory Surgery Center Seminar. During this one-day program you will learn important ASC industry information, allowing you to stay ahead of the curve and safely…more

Acquisitions, Ambulatory Surgery Centers, Events, Health Care Providers, Intellectual Property Protection

See all updates »

California Supreme Court Rules that Public Business Conducted on Personal Devices Result in Public Records

In a major development impacting all public entities subject to the California Public Records Act (Gov. Code § 6250 et seq., hereafter “CPRA”), on March 2, 2017, the California Supreme Court unanimously held that public…more

CA Supreme Court, Electronic Communications, Electronic Devices, Public Employees, Public Officials

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Property Reserve Aftermath: Discovery Available in Right of Entry Cases & Young’s Market Co.

When the California Supreme Court issued its ruling on Property Reserve v. Superior Court, handing a substantial victory to public agencies, we were given three key takeaways: (1) the “Right of Entry” statutes (CCP §1245.010 et…more

Appeals, CA Supreme Court, Discovery, Eminent Domain, Jury Trial

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[Event] Nossaman's 2017 Northern California Environmental and Land Use Seminar - May 18th, Walnut Creek, CA

Join us for our first Environmental and Land Use Law Update in Northern California! This complimentary seminar will be comprised of panel discussions on a spectrum of critical federal and state environmental and land use…more

California Coastal Commission, CEQA, Clean Water Rule, Consultants, Continuing Legal Education

See all updates »

The Secret Is Out: The Documentary Transfer Tax Will Now Be Part of Public Record

The Documentary Transfer Tax Act allows each county and city to impose a tax on each deed, instrument, or writing by which any real estate is sold within the county at the time the document is recorded. Assembly Bill No. 1888…more

Documentary Stamp Tax, Public Records, Real Estate Transfers, Realty Transfer Taxes

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[Event] Nossaman's 2015 Environmental and Land Use Seminar - September 22nd, Newport Beach, CA

Nossaman will host a complimentary half-day seminar comprised of panel discussions on a spectrum of critical federal and state environment and land use issues, including new federal rules implementing the Clean Water Act and…more

CEQA, Clean Water Act, Drought, Endangered Species Act (ESA), Events

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Limited Liability Companies Forced into Compliance

California limited liability companies and foreign limited liability companies (LLCs) registered in California must file a Statement of Information with the California Secretary of State within 90 days after the articles of…more

Limited Liability Company (LLC), Notice Requirements, Statement of Information

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[Event] Nossaman's 2017 Northern California Environmental and Land Use Seminar - May 18th, Walnut Creek, CA

Join us for our first Environmental and Land Use Law Update in Northern California! This complimentary seminar will be comprised of panel discussions on a spectrum of critical federal and state environmental and land use…more

California Coastal Commission, CEQA, Clean Water Rule, Consultants, Continuing Legal Education

See all updates »

Executive Order That Seeks to Undo Obama Administration's "Waters of the United States" Rule Has More Limited Immediate Impacts

Debate and uncertainty regarding the extent of federal jurisdiction under the Clean Water Act will continue under the Executive Order. On February 28, 2017, President Trump issued an Executive Order entitled “Restoring the…more

Clean Water Act, Deregulation, EPA, Executive Orders, Navigable Waters

See all updates »

Governor Brown Signs Legislation Changing Commercial Building Owner Obligations on Energy Usage Disclosure

On October 8, 2015, California Governor Jerry Brown signed into law AB 802, which among other actions repeals the existing nonresidential building energy usage disclosure requirements. The prior law, AB 1103, codified in the…more

California Energy Commission, Commercial Property Owners, ENERGY STAR Program, Energy Use Disclosure Requirements, Governor Brown

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Court Enjoins Wolf Releases in New Mexico

The United States District Court for the District of New Mexico issued an opinion and order enjoining the United States from releasing captive-bred wolves within the State of New Mexico without first obtaining importation and…more

Endangered Species Act (ESA), Injunctions, Permits, US Fish and Wildlife Service

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[Event] Nossaman's 3rd Annual West Coast Ambulatory Surgery Center Seminar - September 27th, Los Angeles, CA

Please join us for Nossaman LLP’s 3rd Annual West Coast Ambulatory Surgery Center Seminar. During this one-day program you will learn important ASC industry information, allowing you to stay ahead of the curve and safely…more

Acquisitions, Ambulatory Surgery Centers, Events, Health Care Providers, Intellectual Property Protection

See all updates »

California to Consider Significant Change to Eminent Domain Law Regarding a Condemnee's Right to Recover Litigation Expenses

On February 9, 2017, California Assembly Member Phillip Chen (a Republican from the 55th district) introduced Assembly Bill 408 (AB 408). AB 408 is styled as an “act to amend Section 1250.410 of the Code of Civil Procedure…more

Eminent Domain, Judicial Discretion, Just Compensation, Legislative Agendas, Litigation Fees & Costs

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New California Regulations Further Limit Employers' Ability to Use Criminal History in Making Employment Decisions

Effective July 1, 2017, new regulations from the California Fair Employment and Housing Council will further limit an employer’s ability to consider the criminal history of a job applicant or employee when making employment…more

Adverse Employment Action, Background Checks, Ban the Box, Conditional Job Offers, Criminal Background Checks

See all updates »

[Event] Nossaman's 3rd Annual West Coast Ambulatory Surgery Center Seminar - September 27th, Los Angeles, CA

Please join us for Nossaman LLP’s 3rd Annual West Coast Ambulatory Surgery Center Seminar. During this one-day program you will learn important ASC industry information, allowing you to stay ahead of the curve and safely…more

Acquisitions, Ambulatory Surgery Centers, Events, Health Care Providers, Intellectual Property Protection

See all updates »

Planning for the 115th Congress and the Trump Administration

While the coming 115th Congress and Trump Administration seem to be anything but predictable, there are several known events that will help drive the timing of national, and some regional, policy debates. They should be…more

Congressional Budget Resolution, Congressional Committees, Congressional Nominations, Debt Ceiling, Federal Budget

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Financial Trade Secrets Exemption from Florida’s Sunshine Laws

On Wednesday, February 24, 2016, Florida’s Governor Rick Scott signed two bills which exempt trade secret financial information from the state’s Sunshine Laws. The change is significant in a state known for expansive open…more

Amended Legislation, Disclosure Requirements, Exemptions, Private Sector, Public Private Partnerships (P3s)

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Lower Fuel Prices Take a Toll on California’s Transportation Funding

Lower gas prices and decreased revenue from California’s Price Based Excise Tax (PBET) on gasoline are taking their toll on the state’s transportation funding. California Transportation Commission (CTC) staff recently…more

Fuel Tax, Oil Prices, State Funding, Transportation Industry

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Planning for the 115th Congress and the Trump Administration

While the coming 115th Congress and Trump Administration seem to be anything but predictable, there are several known events that will help drive the timing of national, and some regional, policy debates. They should be…more

Congressional Budget Resolution, Congressional Committees, Congressional Nominations, Debt Ceiling, Federal Budget

See all updates »

Bankruptcy Court Decides That The Bankruptcy Code Preempts California State Pension Laws

In a February 4, 2015 opinion, the bankruptcy judge presiding over Stockton, California's Chapter 9 municipal bankruptcy case approved Stockton's bankruptcy plan of adjustment. In re City of Stockton, 2015 Bankr. LEXIS…more

Bankruptcy Court, CalPERS, Chapter 9, City of Stockton, Municipalities

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California Supreme Court Rejects Claim by Second-Lowest Bidders on Public Works Contracts that Low Bidder Interfered with a Prospective Economic Advantage

The California Supreme Court in Roy Allan Slurry Seal, Inc. v. American Asphalt South, Inc. (Feb. 16, 2017) Case No. S225398, --- Cal.3d ---, held that for public works contracts awarded to the lowest responsive, responsible…more

CA Supreme Court, Competitive Bidding, Federal Contractors, Interference Claims, Public Entities

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Planning for the 115th Congress and the Trump Administration

While the coming 115th Congress and Trump Administration seem to be anything but predictable, there are several known events that will help drive the timing of national, and some regional, policy debates. They should be…more

Congressional Budget Resolution, Congressional Committees, Congressional Nominations, Debt Ceiling, Federal Budget

See all updates »

[Event] Stay Ahead: Nossaman's 2016 Emerging Employment Issues - Feb. 25th, Costa Mesa, CA

Please join us for this complimentary presentation on cutting-edge employment law issues! California and federal employment laws are constantly developing and evolving so it is essential for human resource professionals and…more

Continuing Legal Education, Employer Liability Issues, Events

See all updates »

New California Regulations Further Limit Employers' Ability to Use Criminal History in Making Employment Decisions

Effective July 1, 2017, new regulations from the California Fair Employment and Housing Council will further limit an employer’s ability to consider the criminal history of a job applicant or employee when making employment…more

Adverse Employment Action, Background Checks, Ban the Box, Conditional Job Offers, Criminal Background Checks

See all updates »

Constitutional Use of Toll Revenue the Subject of Recent Federal Court Decision

Public agencies with toll-setting authority should take note of a recent federal court decision relating to the uses of user fees and toll revenue, as well as the stated goals of the plaintiff in that case. The U.S…more

Critical Infrastructure Sectors, Dormant Commerce Clause, Infrastructure, Roads, Tolls

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California Adopts New Requirements with Respect to Disability Access for Commercial Leases

One of the 800+ bills that the California Legislature left behind for Governor Brown to sign in September was AB 2093, which amended California Civil Code Section 1938 and created new obligations for commercial landlords. The…more

Certified Access Specialists, Commercial Leases, Commercial Tenants, Construction-Related Accessibility Standards, Disability Access Claims

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[Event] Nossaman's 2017 Northern California Environmental and Land Use Seminar - May 18th, Walnut Creek, CA

Join us for our first Environmental and Land Use Law Update in Northern California! This complimentary seminar will be comprised of panel discussions on a spectrum of critical federal and state environmental and land use…more

California Coastal Commission, CEQA, Clean Water Rule, Consultants, Continuing Legal Education

See all updates »

[Event] Stay Ahead: Nossaman's 2016 Emerging Employment Issues - Feb. 25th, Costa Mesa, CA

Please join us for this complimentary presentation on cutting-edge employment law issues! California and federal employment laws are constantly developing and evolving so it is essential for human resource professionals and…more

Continuing Legal Education, Employer Liability Issues, Events

See all updates »

An Insurer Is Bound By a Default Judgment Resulting From Its Failure to Defend

An insurance company must defend its insured if there is a mere potential that the lawsuit against the insured is covered, and there are serious consequences when an insurer refuses to do so. In California, if a default…more

Default Judgment, Duty to Defend, Insurance Industry

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The Regents of the University of California Reaches Commercial and Financial Close on UC Merced 2020 Project

The Regents of the University of California reached financial close on the UC Merced 2020 Project on August 16, 2016. The project is the first higher education availability payment P3 project to be awarded in the United States,…more

Board of Regents, Construction Project, Public Private Partnerships (P3s), Universities, University of California

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The Secret Is Out: The Documentary Transfer Tax Will Now Be Part of Public Record

The Documentary Transfer Tax Act allows each county and city to impose a tax on each deed, instrument, or writing by which any real estate is sold within the county at the time the document is recorded. Assembly Bill No. 1888…more

Documentary Stamp Tax, Public Records, Real Estate Transfers, Realty Transfer Taxes

See all updates »

California's Legislature Puts Additional Disclosure Pressure on Fund Managers with the Passage of AB 2833

On August 24th, the California Legislature approved Assembly Bill No. 2833 (“AB 2833”), which is now headed to Governor Jerry Brown’s desk for signature. If Governor Brown signs the bill, as is expected, all public pension…more

Alternative Investment Funds, CalPERS, Disclosure Requirements, Fund Managers, Governor Brown

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Public Comment Requested on Revisions to Precondemnation Right of Entry Statutes

When public agencies analyze a potential public project, they often need to gain access to private property for surveys, testing, and to otherwise investigate whether a particular property is suitable for a planned project. …more

CA Supreme Court, Comment Period, Eminent Domain, Private Property, Public Agencies

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Environmental Provisions of the FAST Act

On December 4, 2015, President Obama signed into law the “Fix America’s Surface Transportation Act,” Public Law 114-94 ("FAST Act"). As finally enacted, the FAST Act exceeds 400 pages in length. This paper reviews those…more

Community Development Block Grants, Environmental Review, Fixing America’s Surface Transportation Act (FAST Act), MAP-21, NEPA

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The Regents of the University of California Reaches Commercial and Financial Close on UC Merced 2020 Project

The Regents of the University of California reached financial close on the UC Merced 2020 Project on August 16, 2016. The project is the first higher education availability payment P3 project to be awarded in the United States,…more

Board of Regents, Construction Project, Public Private Partnerships (P3s), Universities, University of California

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Guidance for Managing NEPA-Related Risks and Other Risks in Project Delivery - National Cooperative Highway Research Program (NCHRP)

In This Issue: - AUTHOR'S ACKNOWLEDGMENTS - GUIDANCE FOR MANAGING LEGAL RISKS IN THE NEPA PROCESS ..Early Identification and Assessment of Legal Risks ..Methods for Managing Legal Risks ..Legal Risk…more

Department of Transportation (DOT), Environmental Review, Federal Highway Administration, Highways, NEPA

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[Event] Cybersecurity, Data Breach, and Privacy:A Dialogue on the Rising Risks and Evolving Legal Landscape - Oct. 12th, Los Angeles, CA

Nossaman LLP and University of California, Irvine School of Law invite you to join us for this complimentary half-day seminar on recent developments in the areas of cybersecurity, data breach, privacy, and their implications on…more

Cyber Attacks, Cyber Insurance, Cybersecurity, Data Breach, Data Protection

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California's Campaign Finance Agency, the Fair Political Practices Commission, Announces 2017/2018 Gift and Contribution Limits

The California Fair Political Practices Commission, charged with implementing the state’s campaign finance law, recently announced new gift and contribution limits for the 2017 – 2018 cycle. The agency is required to adjust…more

Campaign Finance Reform, FPPC, Gifts, PACs, Political Campaigns

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Oklahoma DOT Seeks to Sell off State Owned Freight Rail Lines

Commonly when we think about state government owned railways, the image of commuter or light rail operations come to mind. But many states own freight railroads as well. In a few instances a state may have started its own…more

Department of Transportation (DOT), Railways

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[Webinar] Come Rain or Come Shine, Conservation is a California Way of Life - February 23rd, 1:00pm PST

Join Nossaman attorneys for a timely discussion of the impacts of record-setting winter storms on the statewide drought emergency and on the push to make conservation a “California Way of Life.” This webinar for CLE credit*…more

Continuing Legal Education, Drought, Emergency Management Plans, Storm Water, Water

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The Inevitable Cyber Break In: Are You Protected?

The prevalence of cyber data breach over the years has not only grown in number, but has also grown in size. Perhaps the most well-known example of a large-scale data breach is that suffered by Target Corp. occurring at the end…more

Cyber Attacks, Cyber Insurance, Cybersecurity, Data Breach, Data Protection

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Long Term Disability Payments: Standard for Abuse of Discretion

Insurance for long term disability – payments to an insured who is prevented from earning his or her income due to long term disability – is a fruitful field for litigation for many reasons. Though the insurance may be arranged…more

Abuse of Discretion, Denial of Benefits, Disability Benefits, ERISA, Long Term Disability Insurance

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Nevada Solar Project Survives Ninth Circuit Review Despite Impacts to Tortoise Connectivity

On May 18, 2017, the United States Court of Appeals for the Ninth Circuit affirmed the district court’s summary judgment decision in favor of the Secretary of the Department of the Interior and other federal officials in an…more

Bureau of Land Management, Critical Habitat, Department of the Interior, Endangered Species, Endangered Species Act (ESA)

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National Marine Fisheries Service Proposes Revised Guidance for Recovery Plans

On May 31, 2017, the National Marine Fisheries Service (NMFS) issued proposed revised guidance for the development of recovery plans as required by the Endangered Species Act (ESA). The proposal is aimed at prioritizing limited…more

Comment Period, Conservation, Critical Habitat, Endangered Species, Endangered Species Act (ESA)

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[Event] Nossaman's 2017 Northern California Environmental and Land Use Seminar - May 18th, Walnut Creek, CA

Join us for our first Environmental and Land Use Law Update in Northern California! This complimentary seminar will be comprised of panel discussions on a spectrum of critical federal and state environmental and land use…more

California Coastal Commission, CEQA, Clean Water Rule, Consultants, Continuing Legal Education

See all updates »

Settlement in Home Depot Class Action Provides Data Security Corporate Governance Framework for Companies

The latest settlement in Home Depot’s data breach litigation provides a data security framework for corporate governance that may be used by other companies as a template. Based on claims arising from a massive data breach in…more

CISO, Corporate Counsel, Cyber Attacks, Cybersecurity, Data Breach

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California Groundwater Pumpers May Be Subject to Proposed "State Intervention Fees" Under SGMA

On March 8, 2017, the State Water Quality Control Board (“SWRCB”) released a draft emergency regulation that would impose new fees on some groundwater extractors. Written comments are due by Friday, April 7, 2017. The purpose…more

Comment Period, Environmental Policies, Fees, Groundwater, Groundwater Management Plan

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Lessons On Peer Review For Calif. Hospitals And Physicians

On June 6, 2013, the California Supreme Court ruled unanimously in El-Attar v. Hollywood Presbyterian Medical Center that the delegation of a peer-review matter to the hospital's governing board did not violate a physician's…more

Board of Directors, Corporate Governance, Due Process, Health Care Providers, Hospitals

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California's Legislature Puts Additional Disclosure Pressure on Fund Managers with the Passage of AB 2833

On August 24th, the California Legislature approved Assembly Bill No. 2833 (“AB 2833”), which is now headed to Governor Jerry Brown’s desk for signature. If Governor Brown signs the bill, as is expected, all public pension…more

Alternative Investment Funds, CalPERS, Disclosure Requirements, Fund Managers, Governor Brown

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Angels Flight to Re-Open through Los Angeles P3

The Angels Flight Railway Foundation, represented by Nossaman LLP and Shumaker Mallory LLP, reached a historic agreement with a team led by ACS Group and including Sener Engineering and Systems, to put the iconic Angels Flight…more

Infrastructure, Public Private Partnerships (P3s), Public Projects, Railways, Surface Transportation

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California Groundwater Pumpers May Be Subject to Proposed "State Intervention Fees" Under SGMA

On March 8, 2017, the State Water Quality Control Board (“SWRCB”) released a draft emergency regulation that would impose new fees on some groundwater extractors. Written comments are due by Friday, April 7, 2017. The purpose…more

Comment Period, Environmental Policies, Fees, Groundwater, Groundwater Management Plan

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Did You Know…Blair v. Dole Food Company Provides Insight On Wage Statement Requirements

On February 15, 2017, the California Court of Appeal in Blair v. Dole Food Company, Inc. clarified existing law regarding what information must be included on employee wage statements…more

Employer Liability Issues, Exempt-Employees, Labor Code, PAGA, Payment Rates

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First Circuit Decision Creates Ambiguity in Consumer VPPA Class Actions

The vast majority of courts confronted with “free app” cases under the Video Privacy Protection Act (“VPPA”) have dismissed those claims.  A recent First Circuit decision, however, signals a change in that trend. …more

Advertising, Analytics, Class Action, Data Collection, Geolocation

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President Trump Orders Review of National Monument Designations Under the Antiquities Act

On April 26, 2017, President Trump signed Executive Order 13792, Review of Designations Under the Antiquities Act (“Order”), which requires the Secretary of the Interior (“Secretary”) to review all Presidential designations of…more

Antiquities Act, Department of the Interior, Executive Orders, Federal Land, National Monuments

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[Event] Right of Way & Legal Strategies for Successful Project Delivery - March 8th, San Francisco, CA

Nossaman LLP and Bender Rosenthal, Inc. invite you to this complimentary afternoon seminar that will provide insight on current right of way issues affecting public agencies and utilities. Our panels of leading industry…more

Appraisal, Continuing Legal Education, Easements, Eminent Domain, Engineering

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U.S. Fish and Wildlife Service to Delist Yellowstone Grizzly Bear

On June 22, 2017, U.S. Secretary of the Interior Ryan Zinke announced that the U.S. Fish and Wildlife Service (Service) will delist the Yellowstone population of the grizzly bear (Ursus arctos horribilis). According to the…more

Conservation, Critical Habitat, Delisting, Endangered Species, Endangered Species Act (ESA)

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EPA Presents WIFIA Listening Sessions in Los Angeles

The Environmental Protection Agency (EPA) is currently holding a roadshow of listening sessions across the US to provide information on the Water Infrastructure Finance and Innovation Act (WIFIA) and its proposed five-year pilot…more

Environmental Policies, EPA, Infrastructure, Water, Water Supplies

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A Divided Ninth Circuit Extends Dodd-Frank's Anti-Retaliation Protection for Whistleblowers

Without a bright line requirement of an SEC contact to trigger whistleblower status, employers may not learn until after termination that an employee claims to be a whistleblower. Employees often raise internal questions,…more

Anti-Retaliation Provisions, Dodd-Frank, Interlocutory Appeals, Internal Reporting, Motion to Dismiss

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Spotlight on Lobbyist Employers: New California Reporting Requirements Begin October 2016

Continuing its efforts to increase transparency in the political process in California, the Fair Political Practices Commission (FPPC) adopted a new regulation in early 2016 that is aimed at shedding light on “shadow lobbying.” …more

Corporate Counsel, FPPC, Lobbying, Lobbyists, Political Campaigns

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Court of Appeal Says Communications on Personal Communicating Devices are Exempt from Disclosure under Public Records Act

Reversing a Superior Court ruling that had caused quite a splash a few months ago, in City of San Jose v. Superior Court (H039498, March 27, 2014), the Sixth District of the Court of Appeal has held that communications to and…more

Disclosure Requirements, Electronic Devices, Exemptions, Mobile Devices, Public Records Act

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Angels Flight to Re-Open through Los Angeles P3

The Angels Flight Railway Foundation, represented by Nossaman LLP and Shumaker Mallory LLP, reached a historic agreement with a team led by ACS Group and including Sener Engineering and Systems, to put the iconic Angels Flight…more

Infrastructure, Public Private Partnerships (P3s), Public Projects, Railways, Surface Transportation

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U.S. Fish & Wildlife Service Reopens Comment Period for Five Proposed Rules

Earlier this week, the U.S. Fish & Wildlife Service (Service) issued a notice in the Federal Register that it was reopening the comment period on five proposed rules for four plant species. Specifically, the proposed rules…more

Comment Period, Conservation, Critical Habitat, Endangered Species, Endangered Species Act (ESA)

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TxDOT Shortlists Five Proposer Teams for the SH 249 Extension Project

Three months after the May 15, 2015 issuance of a Request for Qualifications (RFQ), the SH 249 Extension Project is another step closer to development. The RFQ solicited qualifications from teams interested in entering into a…more

Construction Project, Department of Transportation (DOT), Design-Build, Extension Projects, General Solicitation

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[Event] Nossaman's 2015 Environmental and Land Use Seminar - September 22nd, Newport Beach, CA

Nossaman will host a complimentary half-day seminar comprised of panel discussions on a spectrum of critical federal and state environment and land use issues, including new federal rules implementing the Clean Water Act and…more

CEQA, Clean Water Act, Drought, Endangered Species Act (ESA), Events

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Recycling an Idea to Fund Infrastructure Improvements

Among other policy initiatives, the Trump Administration has advocated for the need to improve the nation’s infrastructure in order to maintain America’s economic competitiveness. In its recently released 2018 proposed budget,…more

Construction Industry, Critical Infrastructure Sectors, Infrastructure Financing, Private Sector, Real Estate Development

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Recent Buy America Developments

At the end of 2015, two modal administrations of the United States Department of Transportation (US DOT) have encountered changes to their Buy America programs. Both the Federal Transit Administration (FTA) and the Federal…more

Administrative Procedure Act, Buy America, Department of Transportation (DOT), Federal Highway Administration, Federal Transit Administration

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Tax Filing Gets Easier for Small Nonprofits

The IRS has released a new, interactive Form 990-EZ (Short Form Return of Organization Exempt From Income Tax) to make the annual chore of return filing even easier for “small” tax-exempt organizations, and help them avoid…more

501(c)(3), 501(c)(4), Filing Requirements, IRS, Non-Profits

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Have We Seen the Last Dance for Quantitative Before Condition Goodwill Valuations?

When a business is taken as a result of a public improvement, the business is entitled to seek compensation for, among other things, loss of business goodwill. Typically, this loss is calculated by measuring the business’…more

Appeals, Caltrans, Commercial Property Owners, Eminent Domain, Highways

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IRS Data Breach Class Action Dismissed

Last week, the Internal Revenue Service successfully defeated a putative class action related to a data breach it suffered in 2015. The D.C. District Court’s decision dismissing the suit demonstrates the high bar required to…more

Administrative Procedure Act, Class Action, Cyber Attacks, Cyber Crimes, Data Breach

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[Event] Nossaman's 2017 Southern California Eminent Domain Seminar - March 2nd, Los Angeles, CA

Nossaman LLP invites you to join us for our 2017 Southern California Eminent Domain Seminar, "Right of Way & Legal Strategies for Successful Project Delivery." This complimentary afternoon seminar will provide insight on…more

Acquisitions, Appraisal Rights, Consultants, Easements, Eminent Domain

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Press Release Mistake Leads to $2.4 Million HIPAA Penalty for Health System

On May 10, 2017, the U.S. Health and Human Services Department Office for Civil Rights (“OCR”) announced an agreement whereby Memorial Hermann Health System (“MHHS”) will pay a $2.4 million penalty for releasing a patient’s name…more

Data Breach, Health Care Providers, HIPAA, HIPAA Breach, OCR

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[Webinar] Implementation of the Sustainable Groundwater Management Act (SGMA) - September 20th, 10:00am PDT

Join Nossaman attorneys for a timely discussion of new laws that are changing the landscape of water resource management. This webinar for CLE credit* will cover critical water-related legal topics including implementation of…more

Continuing Legal Education, Groundwater, Sustainable Groundwater Management Act (SGMA), Water Conservation, Water Rights

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Maryland Purple Line Concessionaire Achieves Financial Close – Time to Build!

Financing for the Maryland Purple Line closed on Friday, June 17 – marking an important milestone for the Maryland Transit Administration’s (and Maryland Department of Transportation’s) plan to deliver a transit solution to ease…more

Bond Financing, Public Financing, Public Private Partnerships (P3s), Public Projects, Public Transit

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Kentucky Rolls Out its P3 Law in Lexington

The National Council for Public Private Partnerships (NCPPP) and the Kentucky Chamber of Commerce recently concluded on October 28 a very well-attended two day conference in Lexington, Kentucky on the Commonwealth’s new…more

Chamber of Commerce, Enabling Laws, Infrastructure, Procurement Guidelines, Proposed Legislation

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Getting Healthy Together

Originally Published in The Recorder, September 4, 2012. A whole lotta conjunctions goin' on with California health care system players, an exceptional surge of large acquisitions and consolidations, some with surprising…more

ACOs, Affordable Care Act, Healthcare, HMOs, Hospitals

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President Trump Orders Review of National Monument Designations Under the Antiquities Act

On April 26, 2017, President Trump signed Executive Order 13792, Review of Designations Under the Antiquities Act (“Order”), which requires the Secretary of the Interior (“Secretary”) to review all Presidential designations of…more

Antiquities Act, Department of the Interior, Executive Orders, Federal Land, National Monuments

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GAO Finds Decline in Compliance With Reporting Lobbying Dollars; Enforcement on the Rise

On Friday, March 31, 2017, the United States Government Accountability Office (GAO) published its annual audit of compliance with the Lobbying Disclosure Act of 1995 (LDA), as amended by the Honest Leadership and Open Government…more

Disclosure Requirements, GAO, Lobbying, Lobbying Disclosure Act, Reporting Requirements

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Trump Budget Raises Questions about Approach to Cybersecurity

On Thursday, March 16, 2017, President Trump unveiled his “America First” budget blueprint. One of the most important quandaries for those in the cybersecurity world is how the proposal to reorganize the executive branch to…more

Critical Infrastructure Sectors, Cybersecurity, Cybersecurity Framework, Data Protection, Federal Budget

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California Supreme Court Rejects Claim by Second-Lowest Bidders on Public Works Contracts that Low Bidder Interfered with a Prospective Economic Advantage

The California Supreme Court in Roy Allan Slurry Seal, Inc. v. American Asphalt South, Inc. (Feb. 16, 2017) Case No. S225398, --- Cal.3d ---, held that for public works contracts awarded to the lowest responsive, responsible…more

CA Supreme Court, Competitive Bidding, Federal Contractors, Interference Claims, Public Entities

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Court Rejects NEPA, Section 4(f) Challenges to Arizona South Mountain Freeway Project

In a decision of national importance to the transportation community, the U.S. District Court for the District of Arizona rejected National Environmental Policy Act (NEPA) challenges and Section 4(f) challenges to the 22-mile…more

Air Quality Standards, Construction Project, Department of Transportation (DOT), Environmental Impact Report (EIR), Highways

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California Supreme Court Upholds Public Retirement Boards' Fiduciary Role When Adjudicating Disability Retirement Applications

In a victory for the San Bernardino County Employees’ Retirement Association (“SBCERA”) and the nineteen other county retirement systems administered under the County Employees Retirement Law of 1937 (Gov. Code, § 31450 et seq.,…more

Appeals, CA Supreme Court, Disability Benefits, Fiduciary Duty, Prejudgment Interest

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SEC Hints that Enforcement Actions on Lax Cybersecurity Might Be Coming

With the confirmation of Jay Clayton as the Chair of the Securities and Exchange Commission, comments made last month by the Acting Enforcement Director, Stephanie Avakian, regarding the importance of accurate reporting in the…more

Cyber Crimes, Cybersecurity, Enforcement Actions, Financial Sector, Hackers

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Ninth Circuit Upholds the U.S. Fish and Wildlife Service’s Determination on the Whitebark Pine

On April 28, 2017, the United States Court of Appeals for the Ninth Circuit affirmed the United States District Court for the District of Montana’s finding that the U.S. Fish and Wildlife Service’s (Service) determination that…more

Conservation, Critical Habitat, Endangered Species, Endangered Species Act (ESA), Environmental Policies

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Broadband Internet Service Providers no Longer Subject to FCC Privacy Rules Preventing them from Selling Private Consumer Information

Both the House (215-205) and Senate (50-48) have voted to revoke the Federal Communication Commission’s (FCC) broadband privacy rules which would have forced broadband Internet Service Providers (ISPs), such as Verizon, Comcast…more

Broadband, Broadband Privacy Rules, Browser History Sniffing, Common Carriers, Consumer Privacy Rights

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Executive Orders Expected this Week Regarding Clean Air and Water Act Rules

In addition to a January 20th Presidential Memorandum freezing all, not yet enacted, rules and sending them back to the agencies and Office of Management and Budget for reconsideration, and the utilization of the Congressional…more

Amended Regulation, Bureau of Land Management, Clean Power Plan, Clean Water Act, Climate Change

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Appellate Court Upholds Santa Maria Groundwater Judgment & Physical Solution

On November 21, 2012, the California Court of Appeal (Sixth District) handed down its lengthy and long-awaited ruling in the Santa Maria groundwater litigation, which commenced in 1997. Although it reverses the Judgment on one…more

Groundwater

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Ninth Circuit Upholds Forest Service’s Construction of New Roads in Grizzly Bear Habitat

On May 17, 2017, the U.S. Court of Appeals for the Ninth Circuit affirmed a ruling by the U.S. District Court for the District of Montana and upheld the U.S. Forest Service’s (Forest Service) decision to construct 4.7 miles of…more

Critical Habitat, Endangered Species, Endangered Species Act (ESA), Environmental Impact Report (EIR), Federal Land

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Planning for the 115th Congress and the Trump Administration

While the coming 115th Congress and Trump Administration seem to be anything but predictable, there are several known events that will help drive the timing of national, and some regional, policy debates. They should be…more

Congressional Budget Resolution, Congressional Committees, Congressional Nominations, Debt Ceiling, Federal Budget

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How to Negotiate a Right of Entry After Property Reserve

Last month, the California Supreme Court’s decision in Property Reserve v. Superior Court provided long-awaited certainty for public agencies after a court of appeal determined the often-used “right of entry” statutes failed to…more

CA Supreme Court, Damages, Eminent Domain, Jury Trial, Just Compensation

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Angels Flight to Re-Open through Los Angeles P3

The Angels Flight Railway Foundation, represented by Nossaman LLP and Shumaker Mallory LLP, reached a historic agreement with a team led by ACS Group and including Sener Engineering and Systems, to put the iconic Angels Flight…more

Infrastructure, Public Private Partnerships (P3s), Public Projects, Railways, Surface Transportation

See all updates »

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