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The American Board of Obstetrics and Gynecology Reverses Its Unlawful Ban on Treating Male Patients

In September of 2013, the American Board of Obstetrics and Gynecology adopted a policy of excluding obstetrician/gynecologists from eligibility for Board certification and recertification if they treated any male patients. The…more

Healthcare, OB-GYN, Patients, Specialty Healthcare

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OCTA 91 Express Lanes Bonds Get 2 A's from S&P

In an historic move, Standard & Poor’s upgraded the Orange County Transportation Agency SR91 Express Lanes Toll Revenue Bonds to “AA-”, making it one the highest rated managed lanes projects in the world. The bonds were issued…more

Bonds, Infrastructure, Municipal Bonds, Ratings, S&P

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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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What Every California Commercial Building Owner Needs to Know About the Impact of Contract Dates on Reporting Requirements Under AB 1103

As owners grapple with the new energy usage and disclosure requirements under AB 1103, parties to long term transactions must look to the date of the contract to determine whether they are required to comply…more

California Energy Commission, Commercial Leases, Commercial Property Owners, Energy Use Disclosure Requirements, Leases

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Physician Well-Being: Helping Clients Navigate The Path From Substance-Related Disorders To Recovery And Return To Practice

Introduction - Physicians suffering from substance-related disorders face a difficult combination of legal and health issues, which, unless properly handled, can be career-ending and life-threatening. The most urgent…more

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Contract Award for Riverside Extension of SR-91 Express Lanes

On May 8th, 2013, the Riverside County Transportation Commission (RCTC) approved a $632 million dollar design-build contract for the SR-91 Corridor Improvement Project. The design-builder is a joint venture between Atkinson…more

Construction Contracts, Highways, Joint Venture

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Nossaman Develops Model Social Infrastructure P3 Bill

Many federal, state and local government agencies are looking for innovative and cost effective methods to deliver essential social infrastructure such as educational facilities, hospitals and criminal justice facilities and…more

Infrastructure, Legislative Agendas, Public-Private Partnerships

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Seventh Circuit Restricts the Reach of U.S. Antitrust Laws on Foreign Component Manufacturers

Background-Seventh Circuit Issues Important Decision for Foreign Manufacturers - In a precedent-setting antitrust decision, a federal appellate court handed a significant victory to Nossaman client AU Optronics in its…more

Antitrust Litigation, Antitrust Provisions, Foreign Corporations, Manufacturers

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Contract Award for Riverside Extension of SR-91 Express Lanes

On May 8th, 2013, the Riverside County Transportation Commission (RCTC) approved a $632 million dollar design-build contract for the SR-91 Corridor Improvement Project. The design-builder is a joint venture between Atkinson…more

Construction Contracts, Highways, Joint Venture

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The Maryland "Purple Line" Transit Project Releases its Final Request for Proposals

On July 28, 2014, the Maryland Transit Administration (MTA) and Maryland Department of Transportation (MDOT) issued the final request for proposals for a public-private partnership to design, build, finance, operate and maintain…more

Financing, Infrastructure, Public Projects, Public-Private Partnerships, Railways

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Did You Know…Compelled Public Employee Testimony May Be Protected By the First Amendment

The Supreme Court’s recent unanimous decision in Lane v. Franks held that the First Amendment protects a public employee who provided truthful sworn testimony, compelled by subpoena, outside the course of his ordinary job…more

First Amendment, Lane v Franks et.al, Protected Activity, Public Employees, SCOTUS

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TxDOT Achieves Commercial Close on the $845 Million I-35E Managed Lanes Project

On May 17, 2013, the Texas Department of Transportation and AGL Constructors reached commercial close on the design-build and capital maintenance agreements for the I-35E Managed Lanes Project. AGL Constructors is a joint…more

Construction Contracts, Department of Transportation, Highways

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California Legislators Propose Two Bills on Crude by Rail

Two measures have been introduced in the California legislature to respond to the growth of crude-by-rail volume in the state. State Senator Fran Pavley (D-Agoura Hills) has introduced SB 1319, which would expand existing…more

Oil & Gas, Oil Spills, Railways, Train Accidents

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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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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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Court Allows EPA To Stop Ongoing Projects, Years After Permits Were Granted

In 2007, Mingo Logan Coal Company received a Clean Water Act permit from the U.S. Army Corps of Engineers to discharge dredged or fill material from a mountain top coal mine in West Virginia into three streams. Originally…more

Clean Water Act, EPA, Executive Orders, Permits, US Army Corps of Engineers

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Keeping its Options Open: Lodi Passes Resolution of Necessity as Negotiations Continue

As we have reported in the past, public agencies are often faced with deadlines to secure possession of necessary right of way and ensure project funding. Given the amount of time it takes to secure possession through the court…more

Negotiations, Public Projects

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The "ABCs" Of California Booze Law

Do you want to be part of the booze business in California? Or do you already have a liquor license but are unclear on what you're allowed to do? We're here to help. Originally Published in Krost, Baumgarten, Kniss &…more

Liquor, Wine & Alcohol

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Policyholder Takes the Insurer’s Bait and Loses Coverage

In an interesting Order coming from the United States District Court in Western District of Washington, case no C13-1014 (National Union et al v. Coinstar), National Union skillfully avoided a bad faith claim by timely agreeing…more

Bad Faith, Class Action, Invasion of Privacy, Song-Beverly Credit Card Act

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The Texas Department of Transportation and Abrams-Kiewit Joint Venture Reach Agreement on the Loop 375 Border Highway West Extension Project

On August 22, 2014, the Texas Department of Transportation and Abrams-Kiewit Joint Venture (Developer) reached commercial close on the Loop 375 Border Highway West Extension Project (Project). The contract, which includes…more

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The American Board of Obstetrics and Gynecology Reverses Its Unlawful Ban on Treating Male Patients

In September of 2013, the American Board of Obstetrics and Gynecology adopted a policy of excluding obstetrician/gynecologists from eligibility for Board certification and recertification if they treated any male patients. The…more

Healthcare, OB-GYN, Patients, Specialty Healthcare

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Did You Know…California Supreme Court Approves Class-Action Waivers, But Disapproves PAGA Representative Claim Waivers

The California Supreme Court has issued its highly-anticipated opinion in Iskanian v. CLS Transportation Los Angeles, LLC (“Iskanian”). The decision is mixed for employers: the Court ruled that arbitration agreements with…more

Arbitration, Arbitration Agreements, Class Action, Class Action Arbitration Waivers, Federal Arbitration Act

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ADOT Executes First P3 Agreement

The Arizona Department of Transportation (ADOT) and Infrastructure Corporation of America (ICA) have entered into a concession agreement under which ICA will operate and maintain ADOT’s 14 highway rest areas. The concession…more

Highways, P3s, Public-Private Partnerships

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The Texas Department of Transportation and Abrams-Kiewit Joint Venture Reach Agreement on the Loop 375 Border Highway West Extension Project

On August 22, 2014, the Texas Department of Transportation and Abrams-Kiewit Joint Venture (Developer) reached commercial close on the Loop 375 Border Highway West Extension Project (Project). The contract, which includes…more

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Court Allows ESA Claims Involving Oversight of Pesticides to Move Forward

In Center for Biological Diversity v. Environmental Protection Agency, No. 11-cv-00293-JCS, plaintiffs alleged that the Environmental Protection Agency (EPA) violated section 7 of the Endangered Species Act by failing to…more

EPA, ESA, Fish and Wildlife Service, National Marine Fisheries Service, Pesticides

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New Non-profit Donor Disclosure Takes Effect July 1, 2014 for California Elections

On May 14, 2014, Governor Jerry Brown signed Senate Bill 27 (S.B. 27), increasing the disclosure requirements that non-profit "multipurpose" organizations are subject to when engaging in California elections. This legislative…more

Charitable Donations, Charitable Organizations, Citizens United, Donor Lists, Non-Profits

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Appropriation Art As Fair Use Under The Copyright Act

Appropriation art raises special issues of fair use. An appropriation artist takes the work of another artist and modifies it in some fashion and in the process creates a new work of art. Andy Warhol's Campbell Soup Can series…more

Appeals, Appropriation, Art, Artists, Cariou v Prince

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Missoula, MT and Apple Valley, CA Team Up for Water Fight

In what might appear as a strange pairing, the city of Missoula, Montana and Apple Valley, California are collaborating on how to take back their local water systems. As reported by the Missoulian, the water systems for both…more

Municipalities, Private Utility, Utilities Sector, Water

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What Every California LCC Needs To Know About California's New Revised Uniform Limited Liability Company Act

New changes to California's limited liability company law affect many of the rules governing operation of limited liability companies ("LLCs"). These changes include the default provisions that automatically apply when the…more

Business Formation, Fiduciary Duty, Indemnification, LLC, RULLCA

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Did Koontz Stop Illegal Development Exactions?

Much was written by law school professors and property rights groups following the U.S. Supreme Court's 5-4 decision in Koontz v. St. John's River Water Management District (2013), which found that land-use permit requirements…more

Eminent Domain, Koontz v St John's River Water Management, Land-Use Permits, SCOTUS, Takings

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Seventh Circuit Restricts the Reach of U.S. Antitrust Laws on Foreign Component Manufacturers

Background-Seventh Circuit Issues Important Decision for Foreign Manufacturers - In a precedent-setting antitrust decision, a federal appellate court handed a significant victory to Nossaman client AU Optronics in its…more

Antitrust Litigation, Antitrust Provisions, Foreign Corporations, Manufacturers

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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

Foriegn LLCs, LLC, Notice Requirements, Statement of Information

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California Supreme Court Holds No CEQA Review Required for a Voter Initiative-Sponsored Ordinance

In a relatively short decision, the California Supreme Court held in Tuolumne Jobs & Small Business Alliance v. Superior Court of Tuolumne County (Tuolumne Jobs) that the California Environmental Quality Act (CEQA) does not…more

CEQA, Environmental Impact Report, Environmental Policies, Environmental Review, Popular

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Separate Account Real Estate Investments: What Do I Need to Know And What Is My Role?

Separate account real estate refers to the direct ownership by a public pension plan in income producing real property, and in some cases, the property where the public pension plan has its headquarters building and related…more

Corporate Counsel, Pensions, Real Estate Investments, Separate Accounts

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Senate Intelligence Committee Approves Cybersecurity Information Sharing Bill

Last month, we noted that Sen. Dianne Feinstein (D-CA) released a discussion draft of the Cybersecurity Information Sharing Act. On Tuesday, the Senate Intelligence Committee voted 12-3 to approve the Act…more

Cybersecurity, New Legislation, Popular

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Did You Know…California Supreme Court Holds That a Challenge to Independent Contractor Status Is Class Certifiable

In Ayala v. Antelope Valley Newspapers the California Supreme Court held that the critical factor in determining whether a worker is an employee or an independent contractor is “the degree of a hirer’s right to control how the…more

Class Action, Employee Definition, Employer Liability Issues, Independent Contractors, Misclassification

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A Good Health Plan or an Uzi?

It was open enrollment for health benefits at Nossaman last week, and the conference room was filled with employees waiting to be briefed. Having spent the better part of the last few years of my professional life being…more

Essential Health Benefits, Healthcare

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Congressional Panel Explores Industry's Views on Public-Private Partnerships

On Wednesday, March 5, the House Transportation and Infrastructure Special Panel on Public-Private Partnerships held a hearing entitled "Overview of Public-Private Partnerships for Highway and Transit Projects" to review the…more

Highways, Infrastructure, P3s, Public Transit, Public-Private Partnerships

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Port of Miami Tunnel Open for Traffic

On August 3, 2014, the Florida Department of Transportation (FDOT) and the Port of Miami achieved an important milestone when the est. $1 billion Port of Miami Tunnel opened for traffic. The project consists of twin tunnels…more

Cruise Ships, Highways, Infrastructure, P3s, Public-Private Partnerships

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An Effective Antitrust Compliance Program Can Mean Significant Savings Down the Road

Having an effective compliance program can greatly impact the fines a company faces if it is found guilty of violating the United States' antitrust laws. The fine range for a company found guilty of antitrust violations is…more

Compliance

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California Public Utilities Commission Proceeding Updates Affecting the California Biogas Industry

Two pending proceedings at the California Public Utilities Commission ("CPUC") will substantially influence market opportunities for instate biogas producers. The CPUC initiated a rulemaking last week to address a number of…more

Biofuel, CPUC, Renewable Energy

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Trademark License Not Subject To Rejection In Bankruptcy In Certain Circumstances

Pursuant to 11 U.S.C. § 365, a debtor or bankruptcy trustee has the option, subject to court approval, of electing one of the following three alternatives with respect to an executory contract: (a) assuming the contract, (b)…more

Commercial Bankruptcy, Trademark Litigation, Trademarks

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The Hearsay Rule Matters In Calif. PUC Proceedings

On Feb. 5, 2014, the California Court of Appeal for the First District issued its decision in The Utility Reform Network v. Public Utilities Commission (TURN v. PUC), in which the court established a clear rule that hearsay…more

CPUC, Hearsay, PG&E, Power Plants, Utilities Sector

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New Non-profit Donor Disclosure Takes Effect July 1, 2014 for California Elections

On May 14, 2014, Governor Jerry Brown signed Senate Bill 27 (S.B. 27), increasing the disclosure requirements that non-profit "multipurpose" organizations are subject to when engaging in California elections. This legislative…more

Charitable Donations, Charitable Organizations, Citizens United, Donor Lists, Non-Profits

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FTA Publishes Guidance on Joint Development

Earlier this week, on August 25, 2014, the Federal Transit Administration (“FTA”) published Circular 7050.1, providing much anticipated guidance for grantees interested in pursuing joint development projects within FTA’s legal…more

Federal Transit Administration, Joint Venture, MAP-21

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Houston METRO North Line Opens

On Saturday, December 21, the Metropolitan Transit Authority of Harris County (METRO) celebrated the opening of the North Line in Houston, Texas. The 5.3-mile northern extension of METRO’s Red Line includes eight new stations…more

Public Transit, Public-Private Partnerships, Railways, Transit Authority

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Changes To California Pregnancy Disability Regulations To Take Effect By Year End

Amendments to California’s pregnancy disability regulations proposed by the California Fair Employment and Housing Commission have been formally approved by the Office of Administrative Law. The amendments, which go into effect…more

Medical Leave, Pregnancy Disability Leave Law

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FHWA's Expanded Application of Buy America to Utility Relocations Causes Consternation, Delays

As we have previously reported, the Federal Highway Administration (FHWA) has issued guidance holding that "Buy America applies to any utility work that is accomplished as a result of a Federal-aid highway project", unless the…more

Buy American Act, Delays, Federal Highway Administration, NEPA, Utilities Sector

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California Supreme Court Clarifies Standard For “Mixed Motive” Defense To Employment Discrimination Claims

In a partial victory for employers, the California Supreme Court ruled in Harris v. City of Santa Monica that even when an employee proves that a discriminatory motive was a “substantial factor” in an adverse employment…more

Adverse Employment Action, Attorney's Fees, Damages, Discrimination, Mixed Motive Cases

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Arizona DOT Announces Procurement Decision for South Mountain Freeway Project

The Arizona Department of Transportation announced today its decision to deliver the $1.9 billion South Mountain Freeway Project under a single design-build-maintain public-private partnership. While there will be a long-term…more

DOT, Infrastructure, Public Procurement Policies, Public Projects

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Catch Me If You Can: How To Serve Foreign Defendants

You are sitting at your desk when your client calls to tell you that his or her customer breached an agreement. As you do your intake, you ask where the customer resides. You learn that the customer (potential defendant) has…more

Foreign Defendants, Hague Convention, Residency Status, Service of Process

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What Every California LCC Needs To Know About California's New Revised Uniform Limited Liability Company Act

New changes to California's limited liability company law affect many of the rules governing operation of limited liability companies ("LLCs"). These changes include the default provisions that automatically apply when the…more

Business Formation, Fiduciary Duty, Indemnification, LLC, RULLCA

See All Updates »

California Supreme Court Holds No CEQA Review Required for a Voter Initiative-Sponsored Ordinance

In a relatively short decision, the California Supreme Court held in Tuolumne Jobs & Small Business Alliance v. Superior Court of Tuolumne County (Tuolumne Jobs) that the California Environmental Quality Act (CEQA) does not…more

CEQA, Environmental Impact Report, Environmental Policies, Environmental Review, Popular

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Forum-Shopping Insurance Companies' Latest Tricks

Decades ago, insurance companies tried to persuade trial courts in California to apply the law of some other state to multi-party environmental and asbestos insurance coverage disputes because the insurance companies believed…more

Choice-of-Law, Collateral Estoppel, Duty to Defend, Forum Shopping, Insurers

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Nossaman Develops Model Social Infrastructure P3 Bill

Many federal, state and local government agencies are looking for innovative and cost effective methods to deliver essential social infrastructure such as educational facilities, hospitals and criminal justice facilities and…more

Infrastructure, Legislative Agendas, Public-Private Partnerships

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Did You Know...Depression Does Not Automatically Qualify An Employee For FMLA Leave

In recent years, employers have been bombarded by increasing numbers of lawsuits by employees with mental disabilities alleging discrimination and retaliation. These lawsuits are based on a variety of theories including…more

Employee Rights, FMLA, Mental Illness, Sick Leave

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Did Koontz Stop Illegal Development Exactions in California?

The U.S. Supreme Court's decision last year in Koontz v. St. John's River Water Management District received quite a bit of national coverage in the development world. If you'll recall, Koontz held that the nexus and…more

Exactions, Koontz v St John's River Water Management, Mitigation Fee Act, SCOTUS

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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, Environmental Review, Federal Highway Administration, Highways, NEPA

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Hexavalent Chromium: Is the Maximum Contaminant Level a Done Deal?

The California Department of Public Health Submits Its Final Regulation Package on Hexavalent Chromium: Is the Maximum Contaminant Level a Done Deal?…more

Chromium-6, Contamination, Department of Health, Health Safety, Natural Resources Defense Council

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Cannot Say Enough – Customs' Enforcement Efforts – Antidumping And Countervailing Duty Laws

In September 2011 we published an article entitled Enforcement of Antidumping and Countervailing Duties – Know the Products You Import…more

Antidumping Duties, Commodities, Countervailing Duties, Customs and Border Protection, False Claims Act

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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, Environmental Review, Federal Highway Administration, Highways, NEPA

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Justices Mulling Whom Insurers Can Sue for Reimbursement

Insurance companies hate paying to defend claims they believe may not be covered - especially where the defense fees are significant. But when they do pay for the defense of claims they feel they should not have to…more

Hartford Casualty Ins., Insureds, Insurers, Reimbursements

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New Non-profit Donor Disclosure Takes Effect July 1, 2014 for California Elections

On May 14, 2014, Governor Jerry Brown signed Senate Bill 27 (S.B. 27), increasing the disclosure requirements that non-profit "multipurpose" organizations are subject to when engaging in California elections. This legislative…more

Charitable Donations, Charitable Organizations, Citizens United, Donor Lists, Non-Profits

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Finding Win-Win Outcomes For Conservation And Utilization

The Magnuson-Stevens Fishery Conservation and Management Act, or MSA, governs marine fisheries management in federal waters of the United States. The statute's purpose is to conserve and manage fisheries resources to rebuild…more

Conservation, Environmental Policies, National Marine Fisheries Service, Waters of the United States

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Hexavalent Chromium: Is the Maximum Contaminant Level a Done Deal?

The California Department of Public Health Submits Its Final Regulation Package on Hexavalent Chromium: Is the Maximum Contaminant Level a Done Deal?…more

Chromium-6, Contamination, Department of Health, Health Safety, Natural Resources Defense Council

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Catch Me If You Can: How To Serve Foreign Defendants

You are sitting at your desk when your client calls to tell you that his or her customer breached an agreement. As you do your intake, you ask where the customer resides. You learn that the customer (potential defendant) has…more

Foreign Defendants, Hague Convention, Residency Status, Service of Process

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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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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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District Court Upholds Federal Grant Of Right-Of-Way To Private Wind Energy Developer

In Sierra Club v. Kenna, 2013 U.S. Dist. LEXIS 4743, *1 (January 11, 2013), the United States District Court for the Eastern District of California upheld the Bureau of Land Management’s (BLM) grant of right-of-way over federal…more

Critical Habitat, Department of Fish and Wildlife, Endangered Species Act, ESA Listings, Renewable Energy

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Fifth Circuit Holds that the Army Corps of Engineers' Jurisdictional Determination Does Not Constitute a Reviewable "Final Agency Action"

On July 30, 2014, the United States Court of Appeals for the Fifth Circuit held that the issuance of a jurisdictional determination (JD) by the U.S. Army Corps of Engineers (Corps) is not a final agency action subject to…more

Administrative Procedure Act, Clean Water Act, Jurisdiction, US Army Corps of Engineers, Water

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More Reasons for Employers to "DISLIKE" Facebook

The National Labor Relations Board is at it again – wading into the social media foray, that is. In a case that has been percolating since 2011, the NLRB has ruled that an employer must reinstate an employee who was fired…more

Employer Liability Issues, Facebook, Former Employee, Hiring & Firing, NLRA

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Florida Department of Transportation Issues Request for Qualifications for the I-4 Ultimate Project

On March 12, 2013, the Florida Department of Transportation (FDOT) issued a press release regarding their publication of a Request for Qualifications (RFQ) soliciting statements of qualifications from prospective private…more

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State and Local Communities Respond to Crude-by-Rail Safety Issue

July 6 marked the one year anniversary of the crude oil derailment in Lac Megantic Quebec, which significantly heightened throughout North America the awareness about safety issues surrounding crude by rail. This heightened…more

Oil & Gas, Oil Spills, Proposed Regulation, Railroads, Railways

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Seventh Circuit Restricts the Reach of U.S. Antitrust Laws on Foreign Component Manufacturers

Background-Seventh Circuit Issues Important Decision for Foreign Manufacturers - In a precedent-setting antitrust decision, a federal appellate court handed a significant victory to Nossaman client AU Optronics in its…more

Antitrust Litigation, Antitrust Provisions, Foreign Corporations, Manufacturers

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Sea Level Rise Guidance For Agencies, Cities

In 2008, former Gov. Arnold Schwarzenegger signed an executive order calling for the development of a statewide strategy and ordered state agencies to plan for sea level rise impacts. And Oct. 14, following Gov. Jerry Brown's…more

Coastal Real Estate, Sea Levels, State and Local Government

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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, Healthcare Professionals, Hospitals

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Separate Account Real Estate Investments: What Do I Need to Know And What Is My Role?

Separate account real estate refers to the direct ownership by a public pension plan in income producing real property, and in some cases, the property where the public pension plan has its headquarters building and related…more

Corporate Counsel, Pensions, Real Estate Investments, Separate Accounts

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California High-Speed Rail Authority Announces Apparent Best Value Proposer

The California High-Speed Rail Authority recently announced that a joint venture composed of Tutor Perini, Zachry Construction and Parsons has provided the apparent best value proposal for the initial design-build construction…more

High-Speed Rail, Valuation

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California District Court Dismisses ESA Section 7 Case for Failure to Allege that Agency Action Took Place on the "High Seas"

On August 12, a judge for the Northern District of California granted a motion to dismiss claims alleging that a federal agency violated section 7 of the Endangered Species Act (ESA) by failing to consult with federal wildlife…more

Endangered Species, Endangered Species Act, ESA Listings

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Congress Passes WIFIA Pilot Program

Following the 412-4 vote in the U.S. House on Tuesday and the 91-7 vote in the U.S. Senate yesterday, the president is expected to quickly sign into the law the Water Resources and Reform Development Act of 2014 (WRRDA). In…more

EPA, Infrastructure, TIFIA, US Army Corps of Engineers, WIFIA

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Relocation Benefits and Eminent Domain: How do they Fit Together?

One issue that eminent domain attorneys face routinely involves helping businesses obtain the relocation benefits to which they are entitled under the law, while at the same time pursuing a claim for lost business goodwill. To…more

Eminent Domain, Loss of Goodwill, Relocation, Relocation Assistance

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U.S. Fish and Wildlife Service Declines to List Missouri River Trout Population

On August 20, 2014, the U.S. Fish and Wildlife Service (Service) declined to list the Upper Missouri River Distinct Population Segment of the Arctic Grayling (Thymallus arcticus) as threatened or endangered under the Endangered…more

ESA, ESA Listings, Fish and Wildlife Service

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California Successor Agencies Rejoice: IFD Law Now Includes Redevelopment Project Areas

In a move that should make successor agencies to redevelopment agencies happy, a new law was passed and approved by the Governor on February 18, 2014 (AB 471) that, among other things, amends Section 53395.4 of the California…more

Financing, Infrastructure, Redevelopment

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Tech Companies, the Congo and Dodd-Frank

The fourth anniversary of the Dodd-Frank Act has prompted renewed discussion over the effectiveness of the legislation. Legislators continue their debate over the Financial Stability Oversight Committee and the Volcker Rule. …more

Conflict Mineral Rules, Dodd-Frank, Financial Regulatory Reform, Manufacturers, Popular

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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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A Pilot Program for Performance-Based Social Infrastructure in California

California Senate Bill 593 (“SB 593”), introduced by Senator Ted Lieu (D-Torrance), shows the interest of some State legislators in implementing performance-based infrastructure (“PBI”) in social programs…more

Performance Incentives, Public Interest, Social Entrepreneurship

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Court Reluctantly Upholds Designation of Critial Habitat for Frog

Last week, the United States District Court for the Eastern District of Louisiana upheld the designation of approximately 1,544 acres of privately-owned timber land located in Louisiana as critical habitat for the dusky gopher…more

Critical Habitat, Endangered Species Act, ESA Listings, Fish and Wildlife Service

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It's All About Timing: PPP Payments

During the afterglow of the closings for the Chicago Skyway and Indiana Toll Road projects, transportation officials across the country viewed public-private partnerships (PPPs) as a panacea for the challenges caused by…more

Infrastructure, P3s, Public Funds, Public Projects, Public Transporation

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The Maryland "Purple Line" Transit Project Releases its Final Request for Proposals

On July 28, 2014, the Maryland Transit Administration (MTA) and Maryland Department of Transportation (MDOT) issued the final request for proposals for a public-private partnership to design, build, finance, operate and maintain…more

Financing, Infrastructure, Public Projects, Public-Private Partnerships, Railways

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Secretary Foxx Holds Virtual National Town Hall, Addresses Transportation Policy

Secretary of Transportation Anthony Foxx chaired a “virtual” town hall meeting, entitled “Moving from Uncertainty to Long-Term Transportation Investment,” on August 6, 2014. The town hall was open to the general public, as well…more

DOT, High-Speed Rail, Highway Trust Fund, Highways, Infrastructure

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Stay Ahead Of The Curve When Choosing Desired Tax Treatment

A foreigner starting business in the U.S. usually hires attorneys for visas, leases and licenses. The tax advisor comes later, when returns loom. This tendency is unfortunate because entering the U.S. starts the clock for many…more

Corporate Taxes, Income Taxes, International Tax Issues, IRS, Tax Returns

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U.S. Jury Finds Chinese Companies Liable for Price-Fixing, Fined $162 Million

In a first-ever verdict, a U.S. jury last week found two Chinese companies liable for conspiring to fix the global prices charged for Vitamin C, resulting in a damages award of a whopping $162 million…more

China, Damages, Foreign Sovereign Compulsion Doctrine, Price-Fixing

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Amtrak's Metrics-Making Power Hangs In The Balance

In July 2013, the D.C. Circuit ruled that Section 207 of the Passenger Rail Investment and Improvement Act of 2008 ("PRIIA"), under which Amtrak and the Federal Railroad Administration ("FRA") jointly established metrics and…more

Amtrak, Federal Railroad Administration, PRIIA, Railways

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Hexavalent Chromium: Is the Maximum Contaminant Level a Done Deal?

The California Department of Public Health Submits Its Final Regulation Package on Hexavalent Chromium: Is the Maximum Contaminant Level a Done Deal?…more

Chromium-6, Contamination, Department of Health, Health Safety, Natural Resources Defense Council

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A Roadmap for Assessing the Benefits of P3 Procurement for Highways

Earlier this year the SHRP 2 Program and the Transportation Research Board issued a report entitled “The Effect of Public-Private Partnerships and Non-Traditional Procurement Processes on Highway Planning, Environmental Review…more

Department of Transportation, Infrastructure, P3s, Public-Private Partnerships, Roads

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National Conference for Public-Private Partnerships Concludes P3 Connect Summit

After a re-boot, the National Conference for Public-Private Partnerships (NCPPP) concluded a three day summit July 30 in Denver, Colorado on all things P3. NCPPP’s “P3 Connect” annual meeting held programs addressing P3…more

Disaster Preparedness, DOD, GSA, Infrastructure, P3s

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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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Court Provides Guidelines on Valuing Natural Resources in Eminent Domain Proceedings

Valuing mineral rights in eminent domain proceedings is inherently speculative and can lead to wide swings in property valuations. So how do appraisers best deal with the uncertainty involved in mineral exploitation? The…more

Appeals, Appraisal, Eminent Domain, Mineral Rights, Mining

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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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Warning: A Builder Who Rejects Assigned Counsel May Jeopardize Insurance Coverage

For many reasons, developers and builders in a construction defect lawsuit want to pick their own counsel to defend them. For instance, they have a good working relationship with the counsel, counsel did well in another case or…more

Additional Insured, Construction Defects, Contractors, Coverage Counsel, General Contractors

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EPA Not Required to Consult on Air Quality Regulation Regarding Four Corners Power Plant

On July 23, 2014, the United States Court of Appeals for the Tenth Circuit held that the U.S. Environmental Protection Agency (EPA) was not required to consult with the U.S. Fish and Wildlife Service regarding potential…more

Air Quality Standards, Appeals, Clean Air Act, Endangered Species, EPA

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DOT Makes Changes To TIGER VI Application Review Process

The U.S. Department of Transportation has initiated changes to its TIGER Application review process effective for the pending TIGER VI round of funding. The most important change is that once a project receives a technical…more

DOT, GAO, Infrastructure, TIGER Program

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If Exposed to Cyber-Attacks, Cyberinsurance May Cover Losses

Your network is your company’s life blood. You want to be protected in the event your cybersecurity is breached; the attack on Target being a recent, well-publicized reminder to the threat of cyber attacks…more

Cyber Attacks, Cyber Insurance, Cybersecurity

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What Every California LCC Needs To Know About California's New Revised Uniform Limited Liability Company Act

New changes to California's limited liability company law affect many of the rules governing operation of limited liability companies ("LLCs"). These changes include the default provisions that automatically apply when the…more

Business Formation, Fiduciary Duty, Indemnification, LLC, RULLCA

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CEQA Reform – Legislature Balks In 2012: What is the Starting Point for Working Group Discussions and 2013 Legislation?

In recognition of the complexity and political rancor surrounding CEQA reform, Governor Jerry Brown quipped this week that CEQA reform was "the Lord's work." Concurrent with his comments, major CEQA reforms were being debuted…more

CEQA, CEQA Reform, Environmental Impact Report, SB 317

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Fifth Circuit Holds that the Army Corps of Engineers' Jurisdictional Determination Does Not Constitute a Reviewable "Final Agency Action"

On July 30, 2014, the United States Court of Appeals for the Fifth Circuit held that the issuance of a jurisdictional determination (JD) by the U.S. Army Corps of Engineers (Corps) is not a final agency action subject to…more

Administrative Procedure Act, Clean Water Act, Jurisdiction, US Army Corps of Engineers, Water

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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, Physical Solutions, Water Overdraft

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Unincorporated Associations Can Protect Unregistered Trademarks Under The Lanham Act

Can an unincorporated association own a trade mark and enforce trademark rights under the Lanham Act? The Ninth Circuit says that it can. (Southern California Darts Association v. Zaffina, No. 13-55780, 2014 U.S. App. Lexis…more

Lanham Act, Trademark Litigation, Trademarks

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DBIA seeks industry comment on revised Design-Build Best Practices

As long time participants in the alternative delivery sector know, the Design-Build Institute of America has from its earliest days sought to set forth guiding principles that would be universally applicable across all…more

Design-Bid-Build

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Six Teams Submit SOQs for UC Merced 2020 P3 Project

The Regents of the University of California (the “Regents”), on behalf of the University of California, Merced (“UC Merced”), announced on August 1, 2014 that it received Statements of Qualifications (SOQs) from six teams in…more

Construction Contracts, P3s, Public-Private Partnerships, Request for Qualifications, Universities

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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
  • Virginia
Number of Attorneys

100+ Attorneys

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