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

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

Healthcare, OB-GYN, Patients, Specialty Healthcare

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Orange County Toll Agency Successfully Refinances Over $1 Billion of Toll Revenue Debt

The San Joaquin Hills Transportation Corridor Agency today successfully refinanced $1.4 billion of its $2.2 billion in outstanding debt issued to fund construction of the 73 Toll Road. “This is great news for drivers and the…more

Bond Financing, Construction Industry, Construction Project, Debt Financing, Highways

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Impact to Calif. Employers From Hobby Lobby Ruling

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

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

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

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

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

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Contract Award for Riverside Extension of SR-91 Express Lanes

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

Construction Contracts, Highways, Joint Venture

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Best Practices for Public Building P3 Projects: What Works and What Doesn’t?

The Performance Based Building Coalition (PBBC) and the National Council for Public-Private Partnerships (NCPPP) together hosted the P3s for Public Buildings Summit in Miami on November 17 and 18, 2014. One of the panels…more

Canada, Construction Industry, P3s, Public Projects, Public-Private Partnerships

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A Short Reflection of The Infidel(*) Policyholder Counsel’s Invasion of the Insurance Industry’s Island Confab

I recently had the extraordinary opportunity to join other seasoned insurance professionals in a panel presentation focused on claims arising under jeweler’s block insurance. We gave this presentation as part of the annual…more

EU, Insurance Brokers, Insurers, Professional Conferences

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Contract Award for Riverside Extension of SR-91 Express Lanes

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

Construction Contracts, Highways, Joint Venture

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Federal Court Orders DOT to Respond to Sierra Club’s Unsafe Tank Car Lawsuit

A Federal Court has ordered the Department of Transportation (DOT) to respond to a lawsuit filed by three environmental organizations—Earthjustice, Sierra Club and ForestEthics—in which the parties asked the court to order DOT…more

DOT, EarthJustice, ForestEthics, Oil & Gas, Oil by Rail

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Trademark Tacking – A Question Of Law Or Fact

The U.S. Supreme Court heard arguments on Tuesday, December 2, 2014, in Hana Financial, Inc. v. Hana Bank (Docket No. 13-1211), pertaining to the doctrine of trademark tacking. Tacking allows a company to create a revised, or…more

Hana Financial v Hana Bank, Likelihood of Confusion, Oral Argument, Popular, Priority Date Cutoff

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

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

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

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Preferred Offeror Named on Marion County Consolidated Justice Center Project

City of Indianapolis Mayor Greg Ballard announced today that WMB Heartland Justice Partners was selected as the Preferred Offeror to design, build, finance, operate and maintain the new Marion County Consolidated Justice…more

Public Projects

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California Legislators Propose Two Bills on Crude by Rail

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

Oil & Gas, Oil Spills, Railways, Train Accidents

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Impact to Calif. Employers From Hobby Lobby Ruling

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

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

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NMFS Publishes Corrected Proposed Critical Habitat Designation for Arctic Ringed Seal

On December 9, 2014, the National Marine Fisheries Service (NMFS) and Secretary of Commerce published a revised proposed rule designating critical habitat for the Arctic Ringed Seal. The previous proposed rule was published on…more

Critical Habitat, Endangered Species Act, National Marine Fisheries Service, Proposed Regulation

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

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

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

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

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

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

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The Jury is Still Out On The Effectiveness Of The “Calderon Process”

The State of California implemented the “Calderon Process” almost two decades ago. The hope was this pre-litigation “mediation” process would lower the cost, and increase the likelihood of early settlement, of construction…more

Construction Defects, Construction Disputes, Construction Workers, Contractors, Mediation

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41 Projects Get Funding at CTC December Meeting

The California Transportation Commission met in Riverside on Wednesday. On the agenda was the allocation of $254 million in funding for transportation projects throughout the state. You can read Caltrans’ press release here. …more

Caltrans, Highways, Infrastructure, State Funding, Surface Transportation

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The "ABCs" Of California Booze Law

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

Liquor, Wine & Alcohol

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Should the Insurance Commissioner Actually Read the Policy Forms Submitted for Approval?

Dave Jones identifies himself to voters as an activist Insurance Commissioner who champions the insurance consumers’ rights. This is the guy who took on the insurance industry practice of side arbitration agreements in workers…more

Department of Insurance, Insurance Commissioners

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

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

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

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

Healthcare, OB-GYN, Patients, Specialty Healthcare

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Did You Know…Bill Mandating Paid Sick Leave Signed By Governor

Governor Edmund G. Brown Jr. just signed the Healthy Workplaces, Healthy Families Act of 2014, which takes effect on July 1, 2015. The new law requires nearly every employer in California to provide any employee who has worked…more

Employee Rights, Employer Liability Issues, New Legislation, Paid Leave, Sick Leave

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The Jury is Still Out On The Effectiveness Of The “Calderon Process”

The State of California implemented the “Calderon Process” almost two decades ago. The hope was this pre-litigation “mediation” process would lower the cost, and increase the likelihood of early settlement, of construction…more

Construction Defects, Construction Disputes, Construction Workers, Contractors, Mediation

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VP Biden Calls for Greater Investment in Port Infrastructure

On November 12, during a keynote address at the annual convention of the American Association of Port Authorities in Houston, Vice President Biden issued a call to action for greater investment in U.S. port facilities…more

Infrastructure, Joe Biden, P3s, Ports, Public-Private Partnerships

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

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

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Governor Brown Signs into Law AB 229 and SB 628, Giving New Life to Tax Increment Financing

In late September, Governor Brown signed into law AB 229 and SB 628, which are intended to finance public capital facilities or other specified projects of communitywide significance previously financed by redevelopment…more

Economic Development, Redevelopment, Tax Increment Financing

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

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

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

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Another Reason to Review Government Vendor Agreements: Government Agencies Can Be Held Liable for Patent Infringement Claims

Two recent court decisions serve as reminders of government liability for patent infringement claims: IRIS Corp. v. Japan Airlines Corp., Case No. 10-1051 (Fed. Cir., Oct. 21, 2014) (Prost, J.) and SecurityPoint Holdings, Inc…more

Federal Contractors, Governmental Liability, Japan Airlines, Patent Infringement, Patent Litigation

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

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

Municipalities, Private Utility, Utilities Sector, Water

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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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Did Koontz Stop Illegal Development Exactions?

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

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

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

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

Antitrust Litigation, Antitrust Provisions, Foreign Corporations, Manufacturers

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Limited Liability Companies Forced into Compliance

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

Foriegn LLCs, LLC, Notice Requirements, Statement of Information

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

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

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

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

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

Corporate Counsel, Pensions, Real Estate Investments, Separate Accounts

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The End of the Hour

Before the twentieth century, state law prescribed set fees for specific legal services, and litigation fees were usually paid by the losing parties. Over time, maximum fee laws were repealed, and by the early twentieth century…more

Alternative Fee Arrangements, American Bar Association, Billing, Law Practice Management

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Did You Know…Bill Mandating Paid Sick Leave Signed By Governor

Governor Edmund G. Brown Jr. just signed the Healthy Workplaces, Healthy Families Act of 2014, which takes effect on July 1, 2015. The new law requires nearly every employer in California to provide any employee who has worked…more

Employee Rights, Employer Liability Issues, New Legislation, Paid Leave, Sick Leave

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A Good Health Plan or an Uzi?

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

Essential Health Benefits, Healthcare

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House Transportation & Infrastructure Committee's Panel on Public-Private Partnerships Release Recommendations

On September 17, the House Transportation & Infrastructure Committee’s Panel on Public-Private Partnerships (P3s) released its report and recommendations. The group, empaneled in February of this year, was tasked with examining…more

Infrastructure, Jurisdiction, P3s, Public-Private Partnerships

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Florida Department of Transportation Reaches Commercial and Financial Close on I-4 Ultimate Project

The Florida Department of Transportation reached commercial and financial close on the I-4 Ultimate Project in the urban Orlando area. The $2.3 billion deal is the third transportation P3 project in Florida developed through an…more

Department of Transportation, Infrastructure, Roads

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FHWA Publishes Core Toll Concession P3 Model Contract Guide

The FHWA published its final Core Toll Concessions P3 Model Contract Guide (“Guide”) on September 10, 2014 as part of its mandate under MAP-21 to develop “standard public-private partnership transaction model contracts for the…more

MAP-21, P3s, Public-Private Partnerships

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California Public Utilities Commission Proceeding Updates Affecting the California Biogas Industry

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

Biofuel, CPUC, Renewable Energy

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Trademark License Not Subject To Rejection In Bankruptcy In Certain Circumstances

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

Commercial Bankruptcy, Trademark Litigation, Trademarks

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The Hearsay Rule Matters In Calif. PUC Proceedings

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

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

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

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

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

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FTA Publishes Guidance on Joint Development

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

Federal Transit Administration, Joint Venture, MAP-21

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Houston METRO North Line Opens

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

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

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

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

Medical Leave, Pregnancy Disability Leave Law

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

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

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

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

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

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

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Emerging Trends in Project Delivery: Design-Build-Maintain Contracting for Surface Transportation Projects

In the modern U.S. history of public-private partnerships, the prevailing project delivery models have been the toll concession and the availability payment contract. In both cases, the private party raises equity and debt…more

Contractors, Design-Build, P3s, Public Financing, Public Projects

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

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

Business Formation, Fiduciary Duty, Indemnification, LLC, RULLCA

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Notice Period Doesn't Cause 9th Circ. To Pause on ESA

The decision by the Ninth Circuit in Alliance for the Wild Rockies v. U.S. Dep't of Agriculture, No. 13-35253 (9th Cir. Nov. 20, 2014), permitting plaintiffs to amend a complaint to add claims under the federal Endangered…more

Amended Complaints, Department of Agriculture, Endangered Species Act, Notice of Intent

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Forum-Shopping Insurance Companies' Latest Tricks

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

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

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Six Teams Submit SOQs for Reissued UC Merced 2020 Project RFQ

The Regents of the University of California (the “Regents”), on behalf of the University of California, Merced (“UC Merced”), announced on October 30, 2014 that it received Statements of Qualifications (SOQs) from six teams in…more

Construction Contracts, Public Projects, University of California

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

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

Employee Rights, FMLA, Mental Illness, Sick Leave

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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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Don’t Like Your Utility Rates? Then Condemn The Provider….

There has been a remarkable movement lately throughout California: local government agencies are attempting to take over investor-owned, quasi-public utility companies in an effort to reduce utility bills to their constituents…more

Electricity, Eminent Domain, PG&E, Public Utility, Water

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

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

Department of Transportation, Environmental Review, Federal Highway Administration, Highways, NEPA

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Must Calif. Dump Its Oil Spill Prevention Regime?

On Oct. 7, 2014, the Association of American Railroads and two of its member rail carriers filed suit against California's Office of Spill Prevention and Response in an effort to strike down the state's recent effort to regulate…more

Crude by Rail, CSX Transportation, FRSA, Oil & Gas, Oil Spills

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

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

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

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Six Teams Submit SOQs for Reissued UC Merced 2020 Project RFQ

The Regents of the University of California (the “Regents”), on behalf of the University of California, Merced (“UC Merced”), announced on October 30, 2014 that it received Statements of Qualifications (SOQs) from six teams in…more

Construction Contracts, Public Projects, University of California

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

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

Department of Transportation, Environmental Review, Federal Highway Administration, Highways, NEPA

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Remember Bonds on Preliminary Injunctions

Intellectual property litigation, particularly litigation involving trade secrets and Lanham Act claims for trademark and false designation of origin, often if not usually involves seeking a preliminary injunction. As a general…more

Injunction Bonds, Lanham Act, Preliminary Injunctions, Trademark Litigation

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

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

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

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Finding Win-Win Outcomes For Conservation And Utilization

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

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

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

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

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

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Catch Me If You Can: How To Serve Foreign Defendants

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

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

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The Inevitable Cyber Break In: Are You Protected?

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

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

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Should the Insurance Commissioner Actually Read the Policy Forms Submitted for Approval?

Dave Jones identifies himself to voters as an activist Insurance Commissioner who champions the insurance consumers’ rights. This is the guy who took on the insurance industry practice of side arbitration agreements in workers…more

Department of Insurance, Insurance Commissioners

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Yellow-Billed Cuckoo Critical Habitat: U.S. Fish & Wildlife Service Sets December 18, 2014 Public Hearing in Sacramento

As we reported in November, the U.S. Fish & Wildlife Service (Service) has been planning to hold a public hearing on the proposal to designate 546,335 acres of critical habitat for the western population of yellow-billed cuckoo…more

Administrative Hearings, Critical Habitat, Endangered Species, Fish and Wildlife Service

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National Marine Fisheries Service Lists Five Species of Sawfish as Endangered

The National Marine Fisheries Service (Service) recently published its final rule listing five species of sawfish as endangered under the Endangered Species Act (ESA). The final rule contains the Service’s determination that…more

Endangered Species, Endangered Species Act, ESA Listings, Final Rules, National Marine Fisheries Service

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Did You Know…Sony Faces Class Action Lawsuit by Former Employees Over Data Breach

It’s happened. The first class action lawsuit has been filed against Sony for failing to prevent hackers from stealing its current and former employees’ social security numbers, medical records, and salary…more

Class Action, Data Breach, Hackers, Personally Identifiable Information, Sony

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

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

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

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

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

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

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

Antitrust Litigation, Antitrust Provisions, Foreign Corporations, Manufacturers

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Sea Level Rise Guidance For Agencies, Cities

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

Coastal Real Estate, Sea Levels, State and Local Government

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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

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Lessons On Peer Review For Calif. Hospitals And Physicians

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

Board of Directors, Corporate Governance, Due Process, Healthcare Professionals, Hospitals

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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

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California High-Speed Rail Authority Announces Apparent Best Value Proposer

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

High-Speed Rail, Valuation

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Utah Court Bucks the Trend: Holds Congress Lacks Power to Regulate Intrastate Species on Private Land

Contrary to every federal court of appeal decision that has addressed the issue, a federal court in Utah has held that the broad authority of the U.S. Fish and Wildlife Service (Service) to regulate "take" of threatened species…more

ESA, Fish and Wildlife Service, Jurisdiction, Private Land, Property Owners

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Congress Passes WIFIA Pilot Program

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

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

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What Do You Do When The Bank Wants Your Condemnation Award?

Property owners typically have a lot on their minds when they find out that the government is going to be taking their property. For residential owners, they need to worry about where they are going to live with their families…more

Banking Sector, Condemnation, Eminent Domain, Mortgage Lenders, Property Owners

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

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

ESA, ESA Listings, Fish and Wildlife Service

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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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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

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

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

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

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A Pilot Program for Performance-Based Social Infrastructure in California

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

Performance Incentives, Public Interest, Social Entrepreneurship

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California Supreme Court Grants Review of Coastal Act Decision with Takings Implications

In September 2014, the Court of Appeal for the Fourth Appellate District issued a surprising decision, finding that even if an applicant maintains that it is accepting imposed permit conditions “under protest” and expressly…more

Building Permits, California Coastal Commission, Coastal Real Estate, Petitions for Review, Public Access Laws

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The Texas Department of Transportation Shortlists Three Development Teams for the Grand Parkway Segments H, I-1 and I-2 Project

On July 31, 2014, the Texas Department of Transportation (TxDOT) issued a Request for Qualifications (RFQ) soliciting qualifications from teams interested in entering into a design-build contract and a comprehensive maintenance…more

Construction Contracts, Construction Industry, Design-Build, Highways, Public Projects

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Women’s Transportation Seminar - DC Chapter Recognizes Industry Leaders and Awards Scholarships

On December 9, the DC Chapter of the Women’s Transportation Seminar (WTS) held its annual holiday party and awards ceremony at the Goethe-Institut in Washington, DC. Attending the event was U.S. Secretary of Transportation…more

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Federal Highway Administration Publishes New Rule for Value Engineering

On Friday, September 5, 2014, the Federal Highway Administration (“FHWA”) published its final rule for Value Engineering (“VE”) for road and bridge projects. The new rule implements changes made to VE requirements under Moving…more

Federal Highway Administration, Final Rules, Infrastructure, Public Projects, Surface Transportation

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Sold Only an Interest in Your Property? Get Ready To Pay More Tax

California state and local government agencies looking for more revenue have long been looking at real estate sales to increase their tax take. Last month, the California Court of Appeal for the Second Appellate District…more

Commercial Real Estate Market, Land Transfer Taxes, Local Taxes, Property Tax, SALT

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The Unintended Effects of Protecting the Environment – How Banning Fracking Can Lead San Benito County To Bankruptcy

On November 4, 2014, San Benito County voters went to the poles to vote on Measure J, the measure designed to prohibit hydraulic fracturing, known as fracking, and related gas and oil extraction activities, as well as other…more

Citadel Exploration, Citizen Initiative Campaigns, DOGGR, Fracking, Fracking Bans

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

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

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

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Must Calif. Dump Its Oil Spill Prevention Regime?

On Oct. 7, 2014, the Association of American Railroads and two of its member rail carriers filed suit against California's Office of Spill Prevention and Response in an effort to strike down the state's recent effort to regulate…more

Crude by Rail, CSX Transportation, FRSA, Oil & Gas, Oil Spills

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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

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Major Step Forward for California Design-Build: SB 785 Signed September 30, 2014

With the enactment of Senate Bill 785, the State of California has taken a major step forward in authorizing state and local agencies to use design-build. Although many California agencies have the ability to use design-build…more

Construction Contracts, Construction Industry, Design-Build, New Legislation, Public Projects

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Maryland Jurisdictions Expanding P3 Strategies Despite Political Uncertainty

Despite perceived uncertainty as to the future of two, prominent transportation P3 projects, it appears that jurisdictions within Maryland are looking to P3 structures to solve a wider array of infrastructure issues in the…more

Infrastructure, P3s, Public Projects, Public-Private Partnerships

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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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Governments Eager to Help Market for Cyber Insurance Develop

Have you heard about cyber insurance? It is predicted to be the next big thing in insurance coverage. In the aftermath of the Home Depot and Target data breaches, it’s easy to see why companies doing business over the internet…more

Cyber Insurance, Cybersecurity, Data Protection, Home Depot, Popular

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

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

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

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Condemnation and Contamination: The Spectre of Double Liability

Agencies acquiring private property for a public project conduct thorough investigations to determine whether the property has environmental contamination. If contamination is found, the question arises whether evidence of the…more

Contaminated Properties, Eminent Domain, Environmental Liability, Environmental Remediation Costs, Public Projects

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

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

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

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DOT Makes Changes To TIGER VI Application Review Process

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

DOT, GAO, Infrastructure, TIGER Program

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The Treasury Recommends Cyberinsurance For Banks

If you think you are being overly paranoid about the recent cyber attacks on Sony, JP Morgan, and Target, think again. You aren’t the only one that has been paying attention – hackers are also front-and-center on the minds of…more

Banks, Cyber Insurance, Cybersecurity, Financial Institutions, U.S. Treasury

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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

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

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

CEQA, CEQA Reform, Environmental Impact Report, SB 317

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Notice Period Doesn't Cause 9th Circ. To Pause on ESA

The decision by the Ninth Circuit in Alliance for the Wild Rockies v. U.S. Dep't of Agriculture, No. 13-35253 (9th Cir. Nov. 20, 2014), permitting plaintiffs to amend a complaint to add claims under the federal Endangered…more

Amended Complaints, Department of Agriculture, Endangered Species Act, Notice of Intent

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Appellate Court Upholds Santa Maria Groundwater Judgment & Physical Solution

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

Groundwater, Physical Solutions, Water Overdraft

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On December 15, 2014, The Ninth Circuit En Banc Will Hear Garcia v. Google, Inc./Actors And Producers Await The Result

On Monday, December 15, 2014, the Ninth Circuit en banc will hear argument in Garcia v. Google, Inc. 766 F3d 929 (9th Cir. 2014), amending 743 F.3d 1258 (9th Cir. 2014). A three judge panel of the Ninth Circuit previously…more

Copyright, Copyright Infringement, En Banc Review, Entertainment Industry, Film Industry

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DBIA seeks industry comment on revised Design-Build Best Practices

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

Design-Bid-Build

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Areas of Practice
  • Administrative Law
  • Antitrust & Trade Regulation
  • Bankruptcy
  • Commercial Law & Contracts
  • Communications & Media Law
  • Construction Law
  • Debtor/Creditor
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  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
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  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
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  • Real Estate
  • Securities Law
  • Taxation
  • Transportation
  • Zoning, Planning & Land Use
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Locations
Other U.S. Locations
  • California
  • D.C.
  • Texas
  • Virginia
Number of Attorneys

100+ Attorneys

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