Nossaman LLP

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 »

Landmark Wyndham Settlement Provides Guidelines For Companies To Meet FTC’S Datasecurity Requirements

On December 9, Wyndham Hotels and Resorts (“Wyndham”) agreed to a landmark settlement with the Federal Trade Commission (“FTC”) stemming from the FTC’s lawsuit against it after three data breaches that occurred between 2008 and…more

Cybersecurity Framework, Data Breach, Data Protection, FTC v Wyndham, Hackers

See All Updates »

OCTA Releases Final RFP for the I-405 Improvement Project

Drivers of the I-405 in Orange County California are one step closer to an improved facility. Today the Orange County Transportation Authority (OCTA) authorized release of a final request for proposals to design and construct…more

Construction Industry, Highways, Public Projects, Request for Proposals, Toll Roads

See All Updates »

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

See All Updates »

Latest Lobbying Disclosure Act Settlement Underscores the Importance of a Robust Compliance Program

Even if you have nothing to report, you still need to file: that is the lesson from last week's Lobbying Disclosure Act (LDA) settlement. Late last week, DC-based lobbying firm Carmen Group reached an agreement with the United…more

Compliance, DOJ, Enforcement Actions, Filing Deadlines, Filing Requirements

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

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)

See All Updates »

Design Liability and Right of Way Risk Allocation for Design-Build Projects

Design liability and right-of-way risk allocation are topics addressed in a legal research digest recently published by the Transportation Research Board’s National Cooperative Highway Research Program (NCHRP). The report,…more

Contractors, Design-Build, Procurement Guidelines, Right of Way, Risk Allocation

See All Updates »

Davis v. Electronic Arts: Another Right of Publicity Loss for Media Companies

On January 6, 2015, Electronic Arts, Inc. (“EA”), maker of Madden NFL video games, lost its appeal to dismiss claims by approximately 6,000 retired professional football players in Michael Davis, et. al v. Electronic Arts, Inc.,…more

Athletes, College Athletes, Davis v. Electronic Arts, Digital Media, Football

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 »

Chromium 6: From the Code to the Courts… and Back Again

This past summer, with a little prodding from the Alameda County Superior Court in Natural Resources Defense Council, Inc. v. California Department of Health, the California Department of Public Health met the California…more

Chromium-6, Department of Health, Legislative Agendas, Water Resources Control Board

See All Updates »

New Mexico Expands Design-Build Authority to Highway and Road Projects

New Mexico will now allow certain highway and projects funded in whole or in part by federal funds to use the design-build delivery method. On the last day (March 9, 2016) to sign bills from the most recent legislative session,…more

Design-Build, Federal Funding, Highways, Infrastructure, Public Projects

See All Updates »

Changing the ESA Listing Petition Process? Not as Much as You Might Think.

On April 21, 2016, the U.S. Fish and Wildlife Service and National Marine Fisheries Service (collectively, “Service”) announced revisions to their proposed modifications to the Endangered Species Act (“ESA”) petition process…more

Endangered Species, Endangered Species Act, ESA Listings, National Marine Fisheries Service, US Fish and Wildlife Service

See All Updates »

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

See All Updates »

[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, Events

See All Updates »

California Transportation Commission Allocates $170 Million to Projects Around the State

At its March meeting, the California Transportation Commission (CTC) approved funding to improve and maintain California’s multimodal transportation system. According to the District 2 Press Release, allocations included..…more

Infrastructure, Public Projects, Public Transportation, Roads, State Funding

See All Updates »

[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

See All Updates »

Liability Insurer Tries to Dodge Coverage Hiding Behind The Employee Exclusion

Not long ago an owner of a four-unit apartment building, fully insured with a Landlord/Tenants package policy and Umbrella coverage, tendered an injury lawsuit to his insurance company. The insured had hired a roofer to replace…more

Denial of Insurance Coverage, Insurance Industry, Insurance Litigation, Liability Insurance, Policy Exclusions

See All Updates »

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)

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 »

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

See All Updates »

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, Patients, Specialty Healthcare

See All Updates »

California Supreme Court Holds that Inadvertent Disclosure In Response to a Public Records Act Request Does Not Waive The Exemption for Withholding Privileged Documents

In a unanimous opinion addressing a legal issue of statewide importance, the California Supreme Court resolved a split of authority and held that a governmental entity’s inadvertent release of privileged documents under the…more

Attorney-Client Privilege, CA Supreme Court, City of Los Angeles, Public Agencies, Public Records Act

See All Updates »

Illinois Bill Looks to Significantly Expand Use of P3s

The Illinois Senate is currently reviewing a bill that would greatly expand the authority of public agencies in Illinois to enter into public-private partnership (P3) agreements. To date, such authority has been limited to the…more

Infrastructure, Pending Legislation, Public Private Partnerships (P3s), Public Projects

See All Updates »

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

See All Updates »

Recent Decisions Applying the Covalt and Hartwell Test

Two California Courts of Appeal recently reviewed decisions involving the California Public Utilities Commission in a pair of cases that build on the principles established by the California Supreme Court in Covalt and Hartwell…more

CA Supreme Court, CPUC, Enrollment, Federal Jurisdiction, Public Utility

See All Updates »

New Limit & Requirement on 501(c)(4) "Social Welfare" Organizations

The Internal Revenue Service (IRS) recently released two position papers that affect new, and some existing, social welfare organizations described in section 501(c)(4) of the Internal Revenue Code (Code). Last month the IRS…more

Declaratory Judgments, Electioneering, IRS, Protecting Americans from Tax Hikes (PATH) Act, Tax Exempt Entities

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 »

No Surprises in Recent Vested Rights Decision: Fry v. City of Los Angeles

The recent decision in Fry v. City of Los Angeles (California Second District Court of Appeal Case No. B259791, March 7, 2016) held, after careful parsing of the language in the City Charter and the applicable City ordinances,…more

Healthcare, Local Ordinance, Public Employee Retirment Funds, Retirement Plan, Subsidies

See All Updates »

U.S. Supreme Court Steers Clear of Two Eminent Domain Cases

In the last month, the U.S. Supreme Court has declined to hear appeals on two eminent domain-related cases. The first case, California Building Industry Association v. City of San Jose, is one we discussed last year…more

Appeals, California Building Industry Association (CBIA), City of San Jose, Coal Mines, Eminent Domain

See All Updates »

[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, Events

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

See All Updates »

[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, Events

See All Updates »

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

LLC, Notice Requirements, Statement of Information

See All Updates »

[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, Events

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

See All Updates »

[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

See All Updates »

[Event] Nossaman's 2016 Eminent Domain Seminar - March 3rd, Costa Mesa, CA

Nossaman LLP invites you to join us for a complimentary afternoon seminar with Nossaman’s Eminent Domain attorneys alongside various industry experts. During this program, our expert panelists will provide the latest insight on…more

Appraisal, Condemnation, Continuing Legal Education, Eminent Domain, Events

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 »

ASC Peer Review: The Clock Starts Running January 1, 2016

Effective, January 1, 2016, all Ambulatory Surgery Centers will be required to conduct peer review on their physicians every two years. Senate Bill 396 will have the greatest impact on smaller ASCs, including physician-owned…more

Ambulatory Surgery Centers, Peer Review, Physicians, State Medical Board

See All Updates »

[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

See All Updates »

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)

See All Updates »

Developer Selected to Build U.S.’s Longest Cable Stayed Bridge in Corpus Christi, Texas

The Texas Transportation Commission has conditionally awarded a comprehensive development agreement to Flatiron/Dragados for the longest cable stayed bridge in the United States. The new Corpus Christi Harbor Bridge will allow…more

Bridges, Department of Transportation (DOT), Land Developers, Public Projects, Texas

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

See All Updates »

Recent Decisions Applying the Covalt and Hartwell Test

Two California Courts of Appeal recently reviewed decisions involving the California Public Utilities Commission in a pair of cases that build on the principles established by the California Supreme Court in Covalt and Hartwell…more

CA Supreme Court, CPUC, Enrollment, Federal Jurisdiction, Public Utility

See All Updates »

New Presumptions of Coordination in CA Political Communications/Independent Expenditures

The California Fair Political Practices Commission (“FPPC”) has overhauled its regulations that define when an independent expenditure will be deemed to have been coordinated with a candidate or ballot measure committee. …more

Amended Regulation, Ballot Measures, Campaign Contributions, Contribution Limits, Disclaimers

See All Updates »

Presidio Parkway Opens in San Francisco

The long-awaited Presidio Parkway opened for the first time to Bay Area motorists on July 12th, ahead of schedule and to local and national praises. The $1.1 billion Presidio Parkway replaces Doyle Drive – an outdated and…more

Construction Contracts, Department of Transportation (DOT), Infrastructure, Project Finance, Public Private Partnerships (P3s)

See All Updates »

Service Begins on Houston METRO Green and Purple Lines

Houston residents enjoyed free rides on Saturday, May 23, 2015 as part of the Metropolitan Transit Authority of Harris County (METRO’s) opening of the Green (East End) and Purple (Southeast) light rail lines. The two new lines…more

Infrastructure, Railways, Transit Authority

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 »

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

See All Updates »

Newhall Case Applies Proposition 26 to Wholesale Water Rates

Newhall County Water District v. Castaic Lake Water Agency (2016) 243 Cal.App.4th 1430 (“Newhall”) - Case Disposition - Plaintiff Newhall County Water District (“Newhall”), a retail water purveyor, challenged a…more

Fees, Groundwater, Proportionality, Water, Water Conservation

See All Updates »

California Supreme Court Holds that Inadvertent Disclosure In Response to a Public Records Act Request Does Not Waive The Exemption for Withholding Privileged Documents

In a unanimous opinion addressing a legal issue of statewide importance, the California Supreme Court resolved a split of authority and held that a governmental entity’s inadvertent release of privileged documents under the…more

Attorney-Client Privilege, CA Supreme Court, City of Los Angeles, Public Agencies, Public Records Act

See All Updates »

Arizona Department of Transportation Receives Three Proposals for South Mountain Freeway P3 Project

A crucial highway improvement for the growing Phoenix region reached an important milestone November 2 when the Arizona Department of Transportation received proposals from all three short-listed teams vying to develop the Loop…more

Construction Project, Department of Transportation (DOT), Design-Bid-Build, Highways, Public Private Partnerships (P3s)

See All Updates »

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 »

[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 »

Is Their Fate Sealed? Alaska District Court Vacates Regulation Listing Arctic Ringed Seal Populations as Threatened and Endangered.

On March 15, 2016, in Alaska Oil & Gas Association v. National Marine Fisheries Service, case number 4:14-cv-00029-RRB, the U.S. District Court for the District of Alaska vacated a final regulation promulgated by the National…more

Endangered Species, Endangered Species Act, ESA Listings, National Marine Fisheries Service, Vacated

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

See All Updates »

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)

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

See All Updates »

Co-Tenancy Breaches And Remedies: What's Next For Landlords And Tenants After Grand Prospect Partners

Last month, the California Fifth Appellate Court issued a ruling concerning the enforceability of co-tenancy provisions in commercial leases. Grand Prospect Partners, L.P. v. Ross Dress for Less, Inc., et al…more

Commercial Bankruptcy, Commercial Leases, Cotenancy Provisions, Discount Retailers, Retailers

See All Updates »

Eminent Domain for California’s Social Infrastructure

While much of the focus in California lately has been on eminent domain for transportation projects, there’s some new condemnations moving forward in both Northern California and Southern California for social — or community —…more

Appraisal, Community Development, Condemnation, Contaminated Properties, Eminent Domain

See All Updates »

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

See All Updates »

No Good Public Policy Goes Unpunished: Superior Court Challenge to Utility's Implementation of CPUC General Order 156 Moves Forward

The California Public Utilities Commission (“CPUC”) is a state agency vested with considerable constitutional and statutory powers. Historically, the CPUC has wielded these powers primarily in pursuit of its traditional…more

Administrative Authority, Appeals, CPUC, Minority Business Enterprise Program, Minority-Owned Businesses

See All Updates »

Two Florida P3 Bills Signed into Law

On Wednesday, March 30, 2016, Florida’s Governor Rick Scott signed two bills that further advance the state’s existing public-private partnership (P3) framework and provide additional guidance for implementing P3s. The two new…more

Governor Scott, New Legislation, Public Entities, Public Private Partnerships (P3s), Special Districts

See All Updates »

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

See All Updates »

[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

See All Updates »

New Limit & Requirement on 501(c)(4) "Social Welfare" Organizations

The Internal Revenue Service (IRS) recently released two position papers that affect new, and some existing, social welfare organizations described in section 501(c)(4) of the Internal Revenue Code (Code). Last month the IRS…more

Declaratory Judgments, Electioneering, IRS, Protecting Americans from Tax Hikes (PATH) Act, Tax Exempt Entities

See All Updates »

State and Local Governments May Now Request Railroad Bridge Inspection Reports

State and local governments can now obtain railroad bridge inspection reports by making requests on the website of the Federal Railroad Administration (“FRA”). This new tool will help state and local governments gain better…more

Bridges, Federal Railroad Administration, Fixing America’s Surface Transportation Act (FAST Act), Railroads, Safety Inspections

See All Updates »

Court of Appeal Sustains CPUC's Discretion to Fill Gaps in Statutory Scheme for Intervenor Compensation but Requires CPUC to Limit Compensation to Fees and Costs Relevant to Intervenor's Contribution

The California Court of Appeal (1st Dist., Div. 4) issued an important decision on April 19, 2016, in New Cingular Wireless PCS, LLC v. Public Utilities Commission, addressing a determination by the California Public Utilities…more

Agency Deference, CPUC, Intervenor Compensation Scheme, Intervenors, Judicial Review

See All Updates »

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

See All Updates »

Are Insurers Engaged in Deceptive Practices and Illegal Pricing? If so, what can be done about it?

We wish to call attention to a disturbing trend, that even in the highly regulated field of personal lines coverage, homeowners and auto policies, the insurance industry is engaged in courses of conduct designed to write…more

Auto Insurance, Insurance Agents, Insurance Brokers, Insurance Industry, Insurance Rates

See All Updates »

[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, Events

See All Updates »

Congressional Hearings to be Held on New Critical Habitat Rules and Delisting under the Endangered Species Act

This week, two congressional committees are holding three separate hearings on issues related to the Endangered Species Act (ESA). On April 19, the House Committee on Natural Resources will hold an oversight hearing entitled…more

Congressional Committees, Critical Habitat, Endangered Species, Endangered Species Act, ESA Listings

See All Updates »

No Port in a Storm: The United States’ Safe Harbor Is No More

Europe is on the cutting-edge of privacy protections, and has been for quite some time. The European Directive on privacy, the Data Protection Directive, was adopted in 1995 and regulates the sharing and processing of personal,…more

Cybersecurity, Data Protection Authority, Edward Snowden, EU Data Protection Laws, European Commission

See All Updates »

Recent Surface Transportation Board Preemption Decisions of Note

In the last several months, the Surface Transportation Board (STB or Board) has issued a number of decisions further defining the scope of federal preemption. As the primary agency tasked with the economic regulation of the…more

CEQA, EPA, High-Speed Rail, Preemption, Railroads

See All Updates »

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

See All Updates »

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

See All Updates »

New California Privacy Law AB 1710: Data Security Requirements Just Got Broader

California has been a pioneer in enacting legislation designed to protect privacy. AB 1710, which was signed into law on September 30, 2014 by Governor Brown, is the latest example. It extends liability to businesses that…more

Breach Notification Rule, Data Breach, Data Protection

See All Updates »

Newhall Case Applies Proposition 26 to Wholesale Water Rates

Newhall County Water District v. Castaic Lake Water Agency (2016) 243 Cal.App.4th 1430 (“Newhall”) - Case Disposition - Plaintiff Newhall County Water District (“Newhall”), a retail water purveyor, challenged a…more

Fees, Groundwater, Proportionality, Water, Water Conservation

See All Updates »

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

See All Updates »

CalPERS’ Commitment to Infrastructure (Real Assets Annual Program Review, November 2014)

On November 17, 2014, the California Public Employees’ Retirement System (CalPERS), the largest U.S. public pension fund with approximately $300 billion in assets, conducted its annual real assets program review. CalPERS’ real…more

CalPERS, Infrastructure, Pensions, Tangible Property

See All Updates »

Good News for Commuters: Work Completed on Foothill Gold Line Extension to Azusa

Expected to dramatically improve mobility in one of the more highly congested regions in Southern California, the Metro Gold Line Foothill Extension Construction Authority (Authority) completed the Foothill Gold Line from…more

Construction Project, Infrastructure, Railways, Transportation Contracts

See All Updates »

[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, Events

See All Updates »

Two San Diego Projects Moving Forward

There are two interesting projects in San Diego County that are moving forward, both of which involve at least some use of eminent domain. The San Marcos Creek Specific Plan is proceeding in, not surprisingly, San Marcos. …more

Eminent Domain, Environmental Impact Report, Public Improvement Projects, Redevelopment, San Diego

See All Updates »

U.S. Fish and Wildlife Service Issues 12-Month Findings on Four Species

On April 5, 2016, the U.S. Fish and Wildlife Service (Service) issued 12-month findings on petitions to list the island marble butterfly (Euchloe ausonides insulanus), the San Bernardino flying squirrel (Glaucomys sabrinus…more

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

See All Updates »

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

See All Updates »

Liable for not Learning from Target Data Breach?

Has the standard of care for retailers handling consumer data shifted in the last 9 months? As analysts compare the recent Home Depot data breach to the data breach of the credit card processing system at Target last December,…more

Cybersecurity, Data Breach, Data Protection, Hackers, Home Depot

See All Updates »

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

See All Updates »

Automated People Mover at LAX – Submittal Instructions Issued for Operating System Suppliers

On April 18, 2016, Los Angeles World Airports (LAWA) reached an initial milestone in its Landside Access Modernization Program (LAMP) by issuing instructions for how automated people mover operating system suppliers can request…more

Airline Passengers, Airports, Design-Build-Finance-Operate-Maintain (DBFOM), Federal Procurement Systems, Public Projects

See All Updates »

Court Rejects ESA Challenge to County’s Local Land Use Planning

On April 8, the United States District Court for the Middle District of Florida held that Collier County’s (County) land use planning regulations were complimentary, not contrary to the Endangered Species Act (ESA). The court…more

Conservation, Critical Habitat, Endangered Species, Endangered Species Act, ESA Listings

See All Updates »

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

See All Updates »

[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, Events

See All Updates »

AASHTO Launches BATIC Institute to Support Innovative Financing Solutions

Last month, the United States Department of Transportation (USDOT) formally unveiled its Build America Transportation Investment Center (BATIC). BATIC’s mission is to: - Expand the use of federal transportation credit…more

Build America Investment Initiative, Department of Transportation (DOT), Financing, Infrastructure, Permits

See All Updates »

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

See All Updates »

The Door Is Open To Disparaging Trademarks

Federal Circuit Rules § 2(A) of tThe Lanham Act Unconstitutional - Refusal to Register Disparaging Marks Held Unconstitutional - On December 22, 2015, the Federal Circuit in In re Simon Shiao Tam ruled that Section…more

Disparate Impact, First Amendment, Free Speech, Lanham Act, Trademark Trial and Appeal Board

See All Updates »

New Limit & Requirement on 501(c)(4) "Social Welfare" Organizations

The Internal Revenue Service (IRS) recently released two position papers that affect new, and some existing, social welfare organizations described in section 501(c)(4) of the Internal Revenue Code (Code). Last month the IRS…more

Declaratory Judgments, Electioneering, IRS, Protecting Americans from Tax Hikes (PATH) Act, Tax Exempt Entities

See All Updates »

[Event] Nossaman's 2016 Eminent Domain Seminar - March 3rd, Costa Mesa, CA

Nossaman LLP invites you to join us for a complimentary afternoon seminar with Nossaman’s Eminent Domain attorneys alongside various industry experts. During this program, our expert panelists will provide the latest insight on…more

Appraisal, Condemnation, Continuing Legal Education, Eminent Domain, Events

See All Updates »

It’s Official: FTC Has the Authority to Police Cybersecurity

In a resounding win for the Federal Trade Commission (“FTC”), the Third Circuit unanimously affirmed the FTC’s power to regulate cybersecurity under the unfairness prong of the FTC Act (15 U.S.C. §45). FTC v. Wyndham, Case, No…more

Cyber Attacks, Cyber Crimes, Cyber Threats, Cybersecurity, Data Breach

See All Updates »

State and Local Governments May Now Request Railroad Bridge Inspection Reports

State and local governments can now obtain railroad bridge inspection reports by making requests on the website of the Federal Railroad Administration (“FRA”). This new tool will help state and local governments gain better…more

Bridges, Federal Railroad Administration, Fixing America’s Surface Transportation Act (FAST Act), Railroads, Safety Inspections

See All Updates »

Historic Calif. Groundwater Bills are Dry on Specifics

On Aug. 29, 2014, the California Legislature cast the final votes necessary to move three companion groundwater management bills to Gov. Jerry Brown's desk. If signed by Gov. Brown, the bills will establish the Sustainable…more

Drought, Groundwater, Water, Water Resources Control Board

See All Updates »

Design Liability and Right of Way Risk Allocation for Design-Build Projects

Design liability and right-of-way risk allocation are topics addressed in a legal research digest recently published by the Transportation Research Board’s National Cooperative Highway Research Program (NCHRP). The report,…more

Contractors, Design-Build, Procurement Guidelines, Right of Way, Risk Allocation

See All Updates »

Go Big Red-y for Design-Build! Nebraska Enables and Funds Innovative Highway and Bridge Procurements

Governor Pete Rickets followed through on a promise to rethink infrastructure delivery in Nebraska. Signing LB 960, the “Transportation Innovation Act,” into law, Nebraska is poised to clear its backlog of highway development…more

Design-Build, Governor Rickets, Highways, Infrastructure, Innovation

See All Updates »

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

See All Updates »

EPA and USACE Issue Clean Water Rule

Last week, the U.S. Environmental Protection Agency ("EPA") and the U.S. Army Corps of Engineers ("USACE") released the final Clean Water Rule, which is intended to clarify regulatory confusion over which streams and wetlands…more

Clean Water Act, EPA, Federal Jurisdiction, Permits, US Army Corps of Engineers

See All Updates »

Safe Harbor in Troubled Waters

On Tuesday, February 2, 2016, the United States and the European Union announced a new transatlantic “safe harbor” data transfer deal that would allow companies with significant online operations to continue to transfer data…more

CJEU, Cybersecurity, EU, EU-US Privacy Shield, International Data Transfers

See All Updates »

“DRIVE, He Said[1] ”—But When?? Congress ducks new long term transortation funding bill and adopts a three-month extension of MAP-21 instead “

Hopes that that the Congress would pass S. 1647, the Developing a Reliable and Innovative Vision for the Economy Act (DRIVE Act), a six-year, $478 billion transportation funding reauthorization bill before the August recess…more

DRIVE Act, Extensions, Federal Funding, Highway Trust Fund, Legislative Agendas

See All Updates »

[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, Events

See All Updates »

No Surprises in Recent Vested Rights Decision: Fry v. City of Los Angeles

The recent decision in Fry v. City of Los Angeles (California Second District Court of Appeal Case No. B259791, March 7, 2016) held, after careful parsing of the language in the City Charter and the applicable City ordinances,…more

Healthcare, Local Ordinance, Public Employee Retirment Funds, Retirement Plan, Subsidies

See All Updates »

Fourth Circuit Finds Coverage for Information Breach under CGL Policy

For policyholders and attorneys that have feared the lack of coverage for data breaches under traditional policies (CGL, property), a recent ruling suggest that it is not time to write off those policies as a potential source of…more

Class Action, Commercial General Liability Policies, Data Breach, Duty to Defend, Electronic Medical Records

See All Updates »

Court Holds that the Bureau of Indian Affairs is Not Obligated to Ensure Migratory Bird Treaty Act or Bald and Golden Eagle Protection Act Compliance When Granting Right-of-Way to Industrial-Scale Wind Farm

On March 29, 2016, the U.S. District Court for the Southern District of California granted summary judgment in favor of the Bureau of Indian Affairs (“BIA”) in a lawsuit involving the grant of a lease to Tule Wind, LLC for…more

Bald and Golden Eagle Protection Act, Bureau of Indian Affairs, Critical Habitat, Endangered Species, Energy Sector

See All Updates »

Orange County Transportation Authority Issues Request for Qualifications for the I-405 Improvement Project

On October 27, 2014, the Orange County Transportation Authority (OCTA) issued a Request for Qualifications (RFQ) soliciting statements of qualifications (SOQs) from qualified firms interested in submitting proposals for the…more

Construction Industry, Construction Project, Design-Build, Highways, Infrastructure

See All Updates »

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

See All Updates »

Widely Divergent Views of Section 7 Consultation Described in PNAS Articles

In December 2015, Defenders of Wildlife employees published an article in the Proceedings of the National Academy of Sciences, in which they compiled and conducted basic statistical analyses of data regarding section 7…more

Conservation, Endangered Species, Endangered Species Act, ESA Listings, US Fish and Wildlife Service

See All Updates »

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

See All Updates »

U.S. Fish and Wildlife Service Designates Critical Habitat for 125 Hawaiian Species

On March 30, 2016, the U.S. Fish and Wildlife Service (“Service”) issued a final rule designating critical habitat for 125 species listed as endangered or threatened under the Endangered Species Act (“ESA”) on the Hawaiian…more

Conservation, Critical Habitat, Endangered Species, ESA, ESA Listings

See All Updates »

Baby vs. Prince – “Let’s Go Crazy”: Fair Use And the Digital Millennium Copyright Act

In view of the Ninth Circuit Court of  Appeals decision in Lenz    v. Universal Music Corp., Case Nos. 13-16106 and 13-16107 (Sept. 14, 2015), copyright owners need to be careful before sending Internet takedown notices for…more

Copyright, Copyright Infringement, Copyright Litigation, Digital Media, DMCA

See All Updates »

[Event] Nossaman's 2016 Eminent Domain Seminar - March 3rd, Costa Mesa, CA

Nossaman LLP invites you to join us for a complimentary afternoon seminar with Nossaman’s Eminent Domain attorneys alongside various industry experts. During this program, our expert panelists will provide the latest insight on…more

Appraisal, Condemnation, Continuing Legal Education, Eminent Domain, Events

See All Updates »

California Gets Serious About Pilot Program to Replace State Gas Tax

For years, policymakers and economists around the country have been well aware that the federal gas tax is dying. In its report to Congress, the National Surface Transportation Infrastructure Financing Commission, on which…more

Fixing America’s Surface Transportation Act (FAST Act), Gas Taxes, Highways, Infrastructure, Roads

See All Updates »

Contact

777 South Figueroa Street
34th Floor
Los Angeles, CA 90017 , United States

  • 213.612.7800
  • 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
  • Virginia
Number of Attorneys

100+ Attorneys

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×