Nossaman LLP

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

A Review of the OMB Guidelines Issued to Federal Agencies for Reporting Requirements to Congress That Redefined What Constitutes a “Major” Cybersecurity Incident

With the growing threat of cyberattacks, we thought it would be worthwhile to discuss a late 2016 change in reporting requirements for federal agencies that have suffered a data breach. The Office of Management and Budget’s…more

Cybersecurity, Data Breach, FISMA, Foreign Relations, Government Agencies

See all updates »

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

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

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

See all updates »

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

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

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

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Secretary Zinke Orders Review of Sage-grouse Management Plans

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

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

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Impact to Calif. Employers From Hobby Lobby Ruling

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

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

See all updates »

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

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

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

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Federal Contribution Limits for 2018 Election Cycle: Déjà vu Edition

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

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

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FTA Publishes Buy America Handbook Addressing Rolling Stock

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

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

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LAWA’s APM Makes Tracks

Los Angeles World Airports (LAWA) released the Final Request for Proposals (Final RFP) for the procurement of the elevated 2.25-mile Automated People Mover train (APM) at Los Angeles International Airport (LAX) on July 28, 2017…more

Airports, Construction Project, Infrastructure, LAWA, Procurement Guidelines

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Mergers Just Became Safer for California’s Corporate Policyholders

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

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

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P3 Turns the Lights On in Detroit, Michigan

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

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

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

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

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

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

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

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

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New DOJ Policy Curbs Settlements Funding Third-Parties

A recently-issued U.S. Department of Justice policy memorandum (“Policy Memo”) substantially narrows DOJ’s authority to approve settlements that include payments to or for the benefit of third-party non-governmental entities. …more

DOJ, Environmental Litigation, Settlement, Supplemental Environmental Project (SEP) Policy, Third-Party

See all updates »

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

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

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

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

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

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

See all updates »

Medical Board of California Adopts New Regulations for Midwife Assistants

On September 21, 2017, the Medical Board of California adopted new regulations related to the training of midwife assistants, the administration of midwife assistant training, and the requirements for approved, midwife assistant…more

Certifications, Health Care Providers, Regulatory Standards, Training

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

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

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

See all updates »

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

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

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

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Federal Appeals Court Keeps Great Lakes Grey Wolves Listed As Threatened

On August 1, 2017, the U.S. Court of Appeals for the District of Columbia Circuit issued a decision in Humane Society of the U.S. v. Zinke, Case No. 15-5041 (Aug. 1, 2017), affirming a district court decision that keeps the…more

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

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Don’t Forget HIPAA’s “Minimum Necessary” Rule When Making Health Information Disclosures

When Covered Entities or Business Associates or their counsel analyze whether a particular disclosure of Protected Health Information (or “PHI,” as defined in HIPAA) is permissible, they should be sure also to analyze whether…more

Business Associates, Covered Entities, Data Breach, Disclosure Requirements, Electronic Medical Records

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Comment Period Approaching on State Board Regulatory Program for Discharge of Dredge and Fill Material

In a prior e-alert, we described the effort of the California State Water Resources Control Board (State Board) to develop a new regulatory program for discharge of dredged or fill materials to waters of the state. The program…more

Clean Water Act, Comment Period, Conservation, Dredge and Fill, Environmental Policies

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

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

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

See all updates »

The Ninth Circuit Bars Wrongful Act Coverage Against TCPA Claims Despite Strong Dissenting Opinion that Majority Misconstrued the TCPA

On August 23, 2017, in a split Opinion, the Ninth Circuit issued its ruling in Los Angeles Lakers, Inc. v. Federal Ins. Co., Case No. 15-55777 (9th Cir. Aug. 22, 2017), an insurance coverage dispute related to an underlying…more

Commercial General Liability Policies, D&O Insurance, Insurance Industry, Insurance Litigation, Invasion of Privacy

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A Rise in the Tides for Water Infrastructure

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

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

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

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

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

See all updates »

Toll Road Use on the Rise

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

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

See all updates »

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

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

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

See all updates »

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

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

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

See all updates »

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

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

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

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 »

[Webinar] Cybersecurity Threats Facing Water Utilities and the Steps You Should Take to Mitigate Risk - October 12th, 10:00am PT

Join Nossaman attorneys for a webinar to discuss evolving cybersecurity threats facing water utilities. Cybersecurity is one of the top threats faced by all businesses in the United States, but water utilities sit in a unique…more

Continuing Legal Education, Cybersecurity, Risk Management, Utilities Sector, Water Districts

See all updates »

CA State Campaign Ads To Require Greater Disclosure of Funding; Cities & Counties Could Go Deeper

The California DISCLOSE Act (Assembly Bill 249), was signed into law on October 7, 2017. It overhauls portions of California’s Political Reform Act (“PRA”) that require disclosure of certain campaign finance activity and…more

Campaign Finance Reform, Contribution Limits, Disclosure Requirements, Ethics, Fair Political Practices Commission

See all updates »

[Event] 2017 Cybersecurity Symposium - October 23rd, Los Angeles, CA

Nossaman LLP and University of California, Irvine School of Law invite you to join us for "Cybersecurity, Data Breach, and Privacy: A Real World Perspective on Prevention, Response and the Future." This complimentary half-day…more

Continuing Legal Education, Cyber Incident Reporting, Cyber Threats, Cybersecurity, Data Breach

See all updates »

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

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

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

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

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

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

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Local Ballot Measures: Continuing Legal and Political Points of Division

A recent swell of local ballot measures throughout the State and the controversy and case law that has resulted serve to remind the Elections Law/Land use lawyer that more than a little caution is warranted, as the web of…more

Ballot Measures, Environmental Policies, Pending Legislation, Permits, Public Policy

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

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

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

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[Event] Nossaman's 2017 California Coastal Law Conference - October 10th, La Jolla, CA

Nossaman LLP invites you to join us for the 3rd Coastal Law Conference at The Lodge at Torrey Pines in San Diego. This in-depth seminar will feature officials from the California Coastal Commission and State Lands Commission, as…more

California Coastal Commission, Coastal Real Estate, Continuing Legal Education, Events, Land Use Restrictions

See all updates »

[Event] Nossaman's 2017 California Coastal Law Conference - October 10th, La Jolla, CA

Nossaman LLP invites you to join us for the 3rd Coastal Law Conference at The Lodge at Torrey Pines in San Diego. This in-depth seminar will feature officials from the California Coastal Commission and State Lands Commission, as…more

California Coastal Commission, Coastal Real Estate, Continuing Legal Education, Events, Land Use Restrictions

See all updates »

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

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

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

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

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

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

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Court Enjoins Wolf Releases in New Mexico

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

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

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

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

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

See all updates »

Friday Afternoon Eminent Domain Case Review

On Friday afternoon I decided to take a quick look at the advance sheets for any newly decided appellate cases involving eminent domain. My search revealed an unpublished decision that came out yesterday (September 7, 2017)…more

Appeals, Appellate Review, Attorney Misconduct, Eminent Domain, Evidence

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

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

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

See all updates »

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

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

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

See all updates »

Planning for the 115th Congress and the Trump Administration

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

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

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)

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SH 130 Concession Company Emerges from Chapter 11 with New Financing

SH 130 Concession Company, the private entity that operates and maintains the 41-mile southern section of State Highway 130, has emerged from Chapter 11 protection with new ownership, new senior management and $260 million in…more

Chapter 11, Commercial Bankruptcy, Department of Transportation (DOT), Financing, Highways

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Planning for the 115th Congress and the Trump Administration

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

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

See all updates »

[Event] 2017 Cybersecurity Symposium - October 23rd, Los Angeles, CA

Nossaman LLP and University of California, Irvine School of Law invite you to join us for "Cybersecurity, Data Breach, and Privacy: A Real World Perspective on Prevention, Response and the Future." This complimentary half-day…more

Continuing Legal Education, Cyber Incident Reporting, Cyber Threats, Cybersecurity, Data Breach

See all updates »

Ninth Circuit Clarifies Three Issues of First Impression for Parties in CERCLA Contribution Actions

In Asarco LLC v. Atlantic Richfield Company, No. 14-35723 (9th Cir. Aug. 10, 2017), the United States Court of Appeals for the Ninth Circuit issued a published opinion interpreting the statute of limitations for contribution…more

CERCLA, Contribution Claims, First Impression, RCRA, Settlement Agreements

See all updates »

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

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

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

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[Webinar] Cybersecurity Threats Facing Water Utilities and the Steps You Should Take to Mitigate Risk - October 12th, 10:00am PT

Join Nossaman attorneys for a webinar to discuss evolving cybersecurity threats facing water utilities. Cybersecurity is one of the top threats faced by all businesses in the United States, but water utilities sit in a unique…more

Continuing Legal Education, Cybersecurity, Risk Management, Utilities Sector, Water Districts

See all updates »

Planning for the 115th Congress and the Trump Administration

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

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

See all updates »

UC Merced Celebrates One-Year Anniversary of Groundbreaking for 2020 Project

This week, the Regents of the University of California and the University of California, Merced are celebrating the one-year anniversary of groundbreaking for the $1.3 billion, 1.2 million GSF UC Merced 2020 Project (the…more

Construction Industry, Construction Project, Educational Institutions, Infrastructure, Project Finance

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[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 »

[Event] Nossaman's 2017 California Coastal Law Conference - October 10th, La Jolla, CA

Nossaman LLP invites you to join us for the 3rd Coastal Law Conference at The Lodge at Torrey Pines in San Diego. This in-depth seminar will feature officials from the California Coastal Commission and State Lands Commission, as…more

California Coastal Commission, Coastal Real Estate, Continuing Legal Education, Events, Land Use Restrictions

See all updates »

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

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

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

See all updates »

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

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

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

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

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

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

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U.S. Fish and Wildlife Service Lists Three New Species; National Marine Fisheries Services Lists Subspecies of Hector’s Dolphin

On September 20, 2017, the U.S. Fish and Wildlife Service (“USFWS”) listed three separate species under the Endangered Species Act (“ESA”). USFWS listed the Sonoyta mud turtle (Kinosternon sonoriense) as endangered, and the…more

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

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

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

Continuing Legal Education, Employer Liability Issues, Events

See all updates »

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

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

Default Judgment, Duty to Defend, Insurance Industry

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Denver City Council Approves Great Hall Project Development Agreement

In the early hours of August 15, 2017, the Denver City Council approved a $1.8 billion development agreement between the City and County of Denver’s Department of Aviation and Denver Great Hall, LLC, a consortium led by…more

Airports, Construction Industry, Infrastructure, State Funding, Urban Planning & Development

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

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

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

See all updates »

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

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

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

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When Condemnation Actions Go Wrong

In the vast majority of cases, when a public agency exercises eminent domain, the only issue in dispute is the amount of just compensation the agency must pay for the property being acquired. Even in situations where a property…more

Eminent Domain, Public Agencies, Takings Clause, Utilities Sector, Water Supplies

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Environmental Provisions of the FAST Act

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

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

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Ninth Circuit Clarifies Three Issues of First Impression for Parties in CERCLA Contribution Actions

In Asarco LLC v. Atlantic Richfield Company, No. 14-35723 (9th Cir. Aug. 10, 2017), the United States Court of Appeals for the Ninth Circuit issued a published opinion interpreting the statute of limitations for contribution…more

CERCLA, Contribution Claims, First Impression, RCRA, Settlement Agreements

See all updates »

The SEC Gets Hacked: What Now?

It was recently revealed that the Securities and Exchange Commission’s (“SEC”) EDGAR database, which is used by public companies to file official documents, was breached. According to the SEC, trading off of that hacked…more

Cyber Attacks, Cybersecurity, Data Breach, EDGAR, Filing Requirements

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New DOJ Policy Curbs Settlements Funding Third-Parties

A recently-issued U.S. Department of Justice policy memorandum (“Policy Memo”) substantially narrows DOJ’s authority to approve settlements that include payments to or for the benefit of third-party non-governmental entities. …more

DOJ, Environmental Litigation, Settlement, Supplemental Environmental Project (SEP) Policy, Third-Party

See all updates »

UC Merced Celebrates One-Year Anniversary of Groundbreaking for 2020 Project

This week, the Regents of the University of California and the University of California, Merced are celebrating the one-year anniversary of groundbreaking for the $1.3 billion, 1.2 million GSF UC Merced 2020 Project (the…more

Construction Industry, Construction Project, Educational Institutions, Infrastructure, Project Finance

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

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

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

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

See all updates »

CA State Campaign Ads To Require Greater Disclosure of Funding; Cities & Counties Could Go Deeper

The California DISCLOSE Act (Assembly Bill 249), was signed into law on October 7, 2017. It overhauls portions of California’s Political Reform Act (“PRA”) that require disclosure of certain campaign finance activity and…more

Campaign Finance Reform, Contribution Limits, Disclosure Requirements, Ethics, Fair Political Practices Commission

See all updates »

Sonoma-Marin Area Rail Transit District Begins Revenue Passenger Service

The Sonoma-Marin Area Rail Transit (“SMART”) District kicked off passenger rail revenue service in Sonoma and Marin counties last week. The 43-mile rail line includes ten stations from the Sonoma County Airport to Downtown San…more

Infrastructure, Public Projects, Public Transportation, Railways, Smart Rail

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

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

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

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The Inevitable Cyber Break In: Are You Protected?

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

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

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Long Term Disability Payments: Standard for Abuse of Discretion

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

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

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Fish and Wildlife Service Makes 12-Month Findings, Denies ESA Protections for 25 Species

On Thursday, October 5, 2017, the U.S. Fish & Wildlife Service (“Service”) announced 12-month “not warranted” findings on petitions to list 25 species as endangered or threatened under the Endangered Species Act (“ESA”). It is…more

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

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National Marine Fisheries Service Declines to List Pacific Bluefin Tuna

On August 9, 2017, the National Marine Fisheries Service (NMFS) issued a 12-month finding on a petition to list the Pacific bluefin tuna (Thunnus orientalis) as an endangered or threatened species under the Endangered Species…more

Climate Change, Conservation, Endangered Species, Endangered Species Act (ESA), Environmental Policies

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[Event] Nossaman's 2017 California Coastal Law Conference - October 10th, La Jolla, CA

Nossaman LLP invites you to join us for the 3rd Coastal Law Conference at The Lodge at Torrey Pines in San Diego. This in-depth seminar will feature officials from the California Coastal Commission and State Lands Commission, as…more

California Coastal Commission, Coastal Real Estate, Continuing Legal Education, Events, Land Use Restrictions

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New DOJ Policy Curbs Settlements Funding Third-Parties

A recently-issued U.S. Department of Justice policy memorandum (“Policy Memo”) substantially narrows DOJ’s authority to approve settlements that include payments to or for the benefit of third-party non-governmental entities. …more

DOJ, Environmental Litigation, Settlement, Supplemental Environmental Project (SEP) Policy, Third-Party

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

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

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

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[Webinar] Where Do We Go From Here? Sustainable Groundwater Management Act (SGMA) Implementation Update - August 15th, 1:00pm PT

Join Nossaman attorneys for a webinar to update you about evolving issues related to implementation of the Sustainable Groundwater Management Act (SGMA). Groundwater sustainability agencies have been formed. The process of…more

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

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Lessons On Peer Review For Calif. Hospitals And Physicians

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

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

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

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

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

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Angels Flight to Re-Open through Los Angeles P3

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

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

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Fixing Finances: The Department of Water Resources Seeks Validation of Bonds to Fund the California WaterFix Project

The California Department of Water Resources (“DWR”) filed a validation action on July 21, 2017, in the Sacramento County Superior Court, seeking to confirm the validity of bonds it has authorized to finance the planning and…more

Bonds, CEQA, Department of Water Resources, Endangered Species Act (ESA), EPA

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

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

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

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First Circuit Decision Creates Ambiguity in Consumer VPPA Class Actions

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

Advertising, Analytics, Class Action, Data Collection, Geolocation

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

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

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

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Court Clarifies Rules for Takings, Precondemnation Damages Claims

Two of the more complicated issues eminent domain attorneys face are analyzing whether government conduct rises to the level of a taking, and whether the government engaged in precondemnation conduct that gives rise to damages…more

Appeals, Burden of Proof, Damages, Inverse Condemnation, Just Compensation

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Ninth Circuit Defers to U.S. Fish and Wildlife Service's Distinct Population Segment Determination

On August 28, 2017, the U.S. Court of Appeals for the Ninth Circuit affirmed a district court decision upholding a U.S. Fish and Wildlife Service (“Service”) determination that the Sonoran Desert Area bald eagle does not…more

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

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EPA Presents WIFIA Listening Sessions in Los Angeles

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

Environmental Policies, EPA, Infrastructure, Water, Water Supplies

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

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

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

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

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

Corporate Counsel, FPPC, Lobbying, Lobbyists, Political Campaigns

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

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

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

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Merced and LA Mayor Win Big at P3 Awards

The UC Merced 2020 Project was a big winner at P3 Bulletin’s annual P3 Awards ceremony held in Washington D.C. last month, claiming the Gold Award for Best Social Infrastructure Project, along with the Silver Award in the…more

Construction Industry, Construction Project, Educational Institutions, Financing, Infrastructure

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Endangered Species Act Reform - Wolves, Dollars, Data

In July we reported on five bills that propose to amend various aspects of the Endangered Species Act: - H.R. 2603 – would remove listings of non-native species; - H.R. 717 – would modify the process for listing…more

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

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TxDOT Shortlists Five Proposer Teams for the SH 249 Extension Project

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

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

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[Event] Nossaman's 2017 California Coastal Law Conference - October 10th, La Jolla, CA

Nossaman LLP invites you to join us for the 3rd Coastal Law Conference at The Lodge at Torrey Pines in San Diego. This in-depth seminar will feature officials from the California Coastal Commission and State Lands Commission, as…more

California Coastal Commission, Coastal Real Estate, Continuing Legal Education, Events, Land Use Restrictions

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Recycling an Idea to Fund Infrastructure Improvements

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

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

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Recent Buy America Developments

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

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

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California Supreme Court Confirms: Pony Up the Documentary Transfer Tax

The California Supreme Court just dealt a blow to taxpayers who transfer interests in real estate-owning LLCs and other entities. In 926 North Ardmore Avenue, LLC v. County of Los Angeles (Cal. S. Ct. No. S222329, June 29,…more

CA Supreme Court, Limited Liability Company (LLC), Property Tax, Tax Liability, Transfer of Interest

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

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

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

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IRS Data Breach Class Action Dismissed

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

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

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

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

Acquisitions, Appraisal Rights, Consultants, Easements, Eminent Domain

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[Event] 2017 Cybersecurity Symposium - October 23rd, Los Angeles, CA

Nossaman LLP and University of California, Irvine School of Law invite you to join us for "Cybersecurity, Data Breach, and Privacy: A Real World Perspective on Prevention, Response and the Future." This complimentary half-day…more

Continuing Legal Education, Cyber Incident Reporting, Cyber Threats, Cybersecurity, Data Breach

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[Webinar] Where Do We Go From Here? Sustainable Groundwater Management Act (SGMA) Implementation Update - August 15th, 1:00pm PT

Join Nossaman attorneys for a webinar to update you about evolving issues related to implementation of the Sustainable Groundwater Management Act (SGMA). Groundwater sustainability agencies have been formed. The process of…more

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

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

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

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

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Kentucky Rolls Out its P3 Law in Lexington

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

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

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Getting Healthy Together

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

ACOs, Affordable Care Act, Healthcare, HMOs, Hospitals

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

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

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

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

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

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

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Trump Budget Raises Questions about Approach to Cybersecurity

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

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

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

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

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

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

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

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

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

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

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

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The SEC Gets Hacked: What Now?

It was recently revealed that the Securities and Exchange Commission’s (“SEC”) EDGAR database, which is used by public companies to file official documents, was breached. According to the SEC, trading off of that hacked…more

Cyber Attacks, Cybersecurity, Data Breach, EDGAR, Filing Requirements

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USFWS Tentatively Supports ESA Reform Bills

On July 19, 2017, the House Committee on Natural Resources held a full committee legislative hearing on five bills that would amend portions of the Endangered Species Act (ESA)…more

Attorney's Fees, Congressional Committees, Congressional Investigations & Hearings, Critical Habitat, Department of the Interior

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

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

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

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Ninth Circuit Defers to U.S. Fish and Wildlife Service's Distinct Population Segment Determination

On August 28, 2017, the U.S. Court of Appeals for the Ninth Circuit affirmed a district court decision upholding a U.S. Fish and Wildlife Service (“Service”) determination that the Sonoran Desert Area bald eagle does not…more

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

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Appellate Court Upholds Santa Maria Groundwater Judgment & Physical Solution

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

Groundwater

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Executive Order Aims to Streamline Environmental Permitting of Infrastructure Projects

In furtherance of the administration’s broad infrastructure initiative, President Trump on August 15 signed an executive order (EO) entitled “Establishing Discipline and Accountability in the Environmental Review and Permitting…more

Critical Infrastructure Sectors, Environmental Assessments, Environmental Impact Report (EIR), Environmental Policies, Environmental Review

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Planning for the 115th Congress and the Trump Administration

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

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

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California Supreme Court Petitioned to Resolve Split in Authority Regarding Inverse Condemnation Liability in Sewage Backup Cases

The City of Oroville (“City”) has petitioned the California Supreme Court for review of an unpublished Court of Appeal decision, City of Oroville v. Superior Court (2017) 2017 WL 2554447 (Third District), finding the City liable…more

CA Supreme Court, Eminent Domain, Flooding, Inverse Condemnation, Liability

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Angels Flight to Re-Open through Los Angeles P3

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

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

See all updates »

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