Nossaman LLP

Should You Participate in the IRS Offshore Voluntary Disclosure Program?

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

Criminal Prosecution, DOJ, Enforcement Actions, FBAR, IRS

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Google Ruling May Give Government an Opening to Broaden its Power Under Outdated Stored Communications Act

As technology progresses and the world becomes even more interconnected, the scope of the Stored Communications Act (“SCA” or “Act”) has become a topic of much interest in the federal courts. One question courts have grappled…more

Criminal Investigations, Electronic Data Transmissions, Electronically Stored Information, Email, Extraterritoriality Rules

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

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

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

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

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

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

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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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Federal Contribution Limits for 2018 Election Cycle: Déjà vu Edition

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

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

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FTA Publishes Buy America Handbook Addressing Rolling Stock

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

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

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LA Metro Pursues Independent P3 Authority: ABX 1-12

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

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

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Mergers Just Became Safer for California’s Corporate Policyholders

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

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

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P3 Turns the Lights On in Detroit, Michigan

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

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

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

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

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

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Cyber Risk and Reality – Procuring Transportation in the 21st Century

With the rapid pace of innovation and deployment of intelligent transportation systems (ITS) to enhance existing transportation infrastructure, transportation officials frequently procure and manage sophisticated systems that…more

Cyber Insurance, Cybersecurity, Data Breach, Data Collection, Hackers

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

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

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

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Did You Know...The Federal Minimum Salary Threshold for Exempt Status Trumps California Law

On December 1, 2016, the Department of Labor’s highly controversial final rule impacting the minimum salary for exempt status will go into effect. The final rule makes four key changes: 1. It raises the minimum salary…more

Best Management Practices, DOL, Final Rules, FLSA, Highly Compensated Employees

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MBC Disciplinary Guidelines Relieve Licensees of Onerous Probation Condition

On February 3, 2017, the Medical Board of California (MBC) published the much-anticipated 12th Edition of its Manual of Model Disciplinary Orders and Disciplinary Guidelines (Guidelines).  Drafts of this latest edition had been…more

Disciplinary Proceedings, Health Care Providers, Licensing Rules, Probationary Period

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

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

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

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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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Fish and Wildlife Service Proposes De-Listing the Black Capped Vireo

On December 15, 2016, the U.S. Fish and Wildlife Service (Service) published a proposed rule to remove the black-capped vireo (Vireo atricapilla) from the list of Endangered and Threatened Species. The Service has concluded that…more

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

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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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[Webinar] Stormwater Capture: Issues and Water Supply Opportunity - October 13th, 10:00am PDT

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

Continuing Legal Education, Environmental Assessments, Government Officials, Storm Water Resource Plan, Urban Planning & Development

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

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

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

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Is There Coverage for The Pill Mill Lawsuits?

In an effort to deal with the terrible epidemic of drug abuse and the human and economic costs of this dilemma, the state of West Virginia has brought lawsuits in several jurisdictions against pharmaceutical companies and…more

Bodily Injury, Commercial General Liability Policies, Controlled Substances, Drug & Alcohol Abuse, Duty to Defend

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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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California Supreme Court: California Prohibits On-Duty And On-Call Rest Periods

Augustus v. ABM Security Services, Inc. On December 22, 2016, the California Supreme Court in Augustus v. ABM Security Services, Inc., ruled that California law prohibits on-duty and on-call rest periods. You may…more

CA Supreme Court, Class Action, Employer Liability Issues, Labor Law Violations, Off-Duty Employees

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Toll Road Use on the Rise

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

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

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

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

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

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Did you know... Are You in Position to Take Advantage of the New Federal Defend Trade Secrets Act?

Recently, President Obama signed into law the Defend Trade Secrets Act of 2016 (DTSA) which amends the Economic Espionage Act of 1996, codified at 18 U.S.C. §§ 1831 et seq. Key benefits of the DTSA includes the option of…more

Asset Seizure, Confidentiality Agreements, Defend Trade Secrets Act (DTSA), Employment Contract, Immunity

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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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Illinois Bill Looks to Significantly Expand Use of P3s

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

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

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New Harbor Bridge Set to Launch

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

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

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

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

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

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Tax Filing Gets Easier for Small Nonprofits

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

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

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[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

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First District Court of Appeal Speaks Again on Vested Rights as It Upholds the Constitutionality of PEPRA's Elimination of "Airtime" Service Credit Purchases

On December 30, 2016, Division Three of the First District Court of Appeal (“DCA”) issued a unanimous published decision in Cal FIRE Local 2881, et al. v. CalPERS, et al. (Dec. 30, 2016, A142793) (“CalFIRE Decision”) upholding…more

Appeals, CA Supreme Court, CalPERS, Compensation & Benefits, Constitutional Challenges

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

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

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

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

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

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

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

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

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

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

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

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

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Limited Liability Companies Forced into Compliance

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

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

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

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

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

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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

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

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

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

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Did you know... Are You in Position to Take Advantage of the New Federal Defend Trade Secrets Act?

Recently, President Obama signed into law the Defend Trade Secrets Act of 2016 (DTSA) which amends the Economic Espionage Act of 1996, codified at 18 U.S.C. §§ 1831 et seq. Key benefits of the DTSA includes the option of…more

Asset Seizure, Confidentiality Agreements, Defend Trade Secrets Act (DTSA), Employment Contract, Immunity

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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

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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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Financial Trade Secrets Exemption from Florida’s Sunshine Laws

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

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

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

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

Fuel Tax, Oil Prices, State Funding, Transportation Industry

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Planning for the 115th Congress and the Trump Administration

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

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

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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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NARUC Release of Cybersecurity Guidelines should have Utility Companies on High Alert

On January 30, 2017, the National Association of Regulatory Utility Commissioners (“NARUC”) released Version 3.0 of “Cybersecurity A Primer for State Utility Regulators.”  This cybersecurity overview is an important reminder to…more

Cyber Threats, Cybersecurity, Electricity, Energy Sector, Infrastructure

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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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[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

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UPDATE! Status of DOL's Overtime Rule

On November 22, 2016, we reported on Judge Mazzant’s nationwide injunction which prevented the Department of Labor (DOL) from implementing its new overtime rules on December 1, 2016. [Link to EAlert] In issuing the injunction,…more

Appeals, Briefing Schedule, DOL, FLSA, Minimum Salary

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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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Did You Know…SCOTUS Ruling on Personnel Decision based upon Perceived Political Affiliation Impacts Public Employers

The U.S. Supreme Court recently ruled on a matter involving “perceived affiliation”, bringing clarity to the matter, where the circuits provided discordant rulings. As a result, personnel actions based upon even mistaken…more

Adverse Employment Action, Demotions, First Amendment, Free Speech, Freedom of Association

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Ninth Circuit Rules Injury from Future Water Rights Restrictions Too Speculative for Article III Standing

On February 21, 2017, the U.S. Court of Appeals for the Ninth Circuit held that the San Luis & Delta-Mendota Water Authority and Westlands Water District (collectively, “Water Contractors”) lacked Article III standing to pursue…more

Appeals, Article III, Economic Injuries, Endangered Species Act (ESA), Standing

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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

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

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

Default Judgment, Duty to Defend, Insurance Industry

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

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

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

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

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

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

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

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

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

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Environmental Provisions of the FAST Act

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Oklahoma DOT Seeks to Sell off State Owned Freight Rail Lines

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

Department of Transportation (DOT), Railways

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

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

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

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The Inevitable Cyber Break In: Are You Protected?

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

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

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Long Term Disability Payments: Standard for Abuse of Discretion

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

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

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NMFS Publishes Cook Inlet Beluga Whale Recovery Plan

On January 5, 2017, the National Marine Fisheries Service (NMFS) published notice of the availability of the final Recovery Plan for the Cook Inlet Beluga Whale (Delphinapterus leucas). The Endangered Species Act (ESA) requires…more

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

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Endangered Species Act Case Roundup

Two noteworthy cases have recently been issued by the Ninth Circuit Court of Appeals and the U.S. District Court for the Northern District of California. The two cases address: (1) the interplay between the Federal Insecticide,…more

Administrative Procedure Act, Center for Biological Diversity, Chemicals, Department of the Interior, Endangered Species Act (ESA)

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[Event] Nossaman's 2016 Environmental and Land Use Seminar - September 13th, Costa Mesa, CA

Join us for our annual Environmental and Land Use Law Update! This complimentary morning seminar will be comprised of panel discussions on a spectrum of critical federal and state environment and land use issues, including new…more

California Coastal Commission, CEQA, Clean Water Act, Continuing Legal Education, Drought

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Breach Notification law: Yahoo’s Breach and the Duty to Disclose

Last week, Yahoo disclosed that in 2014 it suffered one of the largest data breaches in history, with at least 500 million Yahoo accounts compromised.  Given the timing of its acquisition deal with Verizon, Yahoo has been…more

Breach Notification Rule, Cyber Attacks, Data Breach, Duty to Disclose, Hackers

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Wheeling & Dealing with California Water: "Fair Compensation" under the Wheeling Statute

Setting rates for wheeling water has always been complicated, and it is not getting any easier. The Third District Court of Appeal issued a recent decision in Central San Joaquin Water Conservation District v. Stockton East…more

Fair Compensation, Utility Rates, Water, Wheeling Statutes

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

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

Construction Project, Infrastructure, Railways, Transportation Contracts

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Wheeling & Dealing with California Water: "Fair Compensation" under the Wheeling Statute

Setting rates for wheeling water has always been complicated, and it is not getting any easier. The Third District Court of Appeal issued a recent decision in Central San Joaquin Water Conservation District v. Stockton East…more

Fair Compensation, Utility Rates, Water, Wheeling Statutes

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

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

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

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2016 Year-End ESA Round-Up

The last few weeks of 2016 involved several activities relating to the Endangered Species Act (ESA), including the following: On December 27, 2016, the U.S. Fish and Wildlife Service (FWS) issued the final ESA Compensatory…more

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

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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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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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LAX Receives Significant Interest for Automated People Mover Project

Los Angeles World Airports (LAWA) reached a milestone in its estimated $5 billion Landside Access Modernization Program (LAMP) this week when it received statements of qualifications to design, build, finance, operate and…more

Airports, Construction Project, Design-Build-Finance-Operate-Maintain (DBFOM), Infrastructure, LAWA

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Fifth Circuit Issues Contentious Dissent Over Designation of Louisiana Land

On June 13, 2016, the U.S. Court of Appeals for the Fifth Circuit, in a 2-1 decision, held that the U.S. Fish and Wildlife Service (FWS) had properly included approximately 1,500 acres in Louisiana as designated critical habitat…more

Appeals, Conservation, Critical Habitat, En Banc Review, Endangered Species

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TxDOT Shortlists Five Proposer Teams for the SH 249 Extension Project

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

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

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

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

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

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AASHTO Launches BATIC Institute to Support Innovative Financing Solutions

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

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

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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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The FTC's Crackdown on Social Media #Ads

In the ongoing effort to reach the hearts and minds of consumers, brands are increasingly looking beyond the traditional media outlets of radio, print and television. The recent meteoric rise and diversity of social media…more

Advertising, Consent Decrees, Disclosure Requirements, Endorsements, Facebook

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Tax Filing Gets Easier for Small Nonprofits

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

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

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

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

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

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

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

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

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

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

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

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Kentucky Rolls Out its P3 Law in Lexington

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

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

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Getting Healthy Together

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

ACOs, Affordable Care Act, Healthcare, HMOs, Hospitals

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EPA and USACE Issue Clean Water Rule

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

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

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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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Data Breaches Response Costs Continue to Rise

SEC Chair Mary Jo White recently opined that cyber security is the biggest risk facing the United States financial system. Companies should take heed of that warning in light of the release of the 2016 Cost of Data Breach Study…more

Cyber Attacks, Cyber Crimes, Cyber Insurance, Cybersecurity, Data Breach

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Cap and Trade Auction Credits: Taxes, Regulatory Fees or “Something Else”? California Third District Court of Appeal Hears Argument on AB 32 GHG reduction Program

A three-judge panel of the California Court of Appeal for the Third District heard oral argument last week in the longstanding companion cases challenging the legality of AB 32’s cap and trade auctions. California Chamber of…more

Appeals, Cap-and-Trade, CARB, Constitutional Challenges, GHG Auction

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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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First District Court of Appeal Speaks Again on Vested Rights as It Upholds the Constitutionality of PEPRA's Elimination of "Airtime" Service Credit Purchases

On December 30, 2016, Division Three of the First District Court of Appeal (“DCA”) issued a unanimous published decision in Cal FIRE Local 2881, et al. v. CalPERS, et al. (Dec. 30, 2016, A142793) (“CalFIRE Decision”) upholding…more

Appeals, CA Supreme Court, CalPERS, Compensation & Benefits, Constitutional Challenges

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California Supreme Court Endorses the Insurance Commissioner’s Authority to Regulate Wayward Insurers

On Monday, the California Supreme Court revived a 2011 insurance regulation designed to protect homeowners from underinsurance because of the insurance company’s use of potentially misleading estimates for home replacement…more

CA Supreme Court, Denial of Insurance Coverage, Homeowner's Insurance, Homeowners, Insurance Commissioners

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President Trump Announces Supreme Court Nominee

On January 31, 2017, President Trump announced Judge Neil M. Gorsuch as his nominee to fill the ninth seat of the United States Supreme Court, left vacant since Justice Antonin Scalia’s passing in February 2016. Judge Gorsuch…more

Antonin Scalia, Chevron Deference, Endangered Species, Endangered Species Act (ESA), Judicial Appointments

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

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

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

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Appellate Court Upholds Santa Maria Groundwater Judgment & Physical Solution

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

Groundwater

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Texas Cactus and Three Other Species Proposed for Downlisting or Delisting by U.S. Fish and Wildlife Service

On December 28, 2016, the U.S. Fish and Wildlife Service (Service) published a proposed rule to reclassify the Tobusch fishhook cactus (Sclerocactus brevihamatus ssp. tobuschii), downlisting the species from endangered to…more

Conservation, Critical Habitat, Delisting, Endangered Species, Environmental Policies

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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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Ninth Circuit Issues Two Recent Decisions Further Definining Liability Under the Computer Fraud and Abuse Act

In July, the Ninth Circuit Court of Appeals issued two decisions by which it intends to clarify liability under the federal Computer Fraud and Abuse Act, 18 U.S.C. § 1030 (“CFAA”). The CFAA imposes criminal penalties and civil…more

Cease and Desist, Computer Fraud and Abuse Act (CFAA), Damages, Data Privacy, Electronically Stored Information

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How to Negotiate a Right of Entry After Property Reserve

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

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

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California Gets Serious About Pilot Program to Replace State Gas Tax

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

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

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Contact

777 South Figueroa Street
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Los Angeles, CA 90017 , United States

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Areas of Practice
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