Nossaman LLP

Should You Participate in the IRS Offshore Voluntary Disclosure Program?

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

Criminal Prosecution, DOJ, Enforcement Actions, FBAR, IRS

See All Updates »

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

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

Healthcare, Patients, Specialty Healthcare

See All Updates »

California Needs to Spend $853 Billion for New Infrastructure

California is the most populous state in the Country; if it were a country it would have the world’s 8th largest economy. So it’s probably no surprise to hear that a new study has found California needs to spend $853 billion to…more

Critical Infrastructure Sectors, Infrastructure, Public-Private Partnerships, Revenue

See All Updates »

Impact to Calif. Employers From Hobby Lobby Ruling

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

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

See All Updates »

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

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

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

See All Updates »

Contract Award for Riverside Extension of SR-91 Express Lanes

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

Construction Contracts, Highways, Joint Venture

See All Updates »

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

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

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

See All Updates »

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

See All Updates »

Mergers Just Became Safer for California’s Corporate Policyholders

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

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

See All Updates »

P3 Turns the Lights On in Detroit, Michigan

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

Department of Transportation, Highways, Infrastructure, Lighting Equipment, Public-Private Partnerships

See All Updates »

IRWA Professionals Keenly Interested in Design-Build Issues

Identifying and allocating the risks associated with right-of-way acquisition in design-build projects was a hot topic for the standing-room only crowd at last week’s annual Education Conference of the International Right of Way…more

Construction Industry, Design-Build, DOT, Eminent Domain, Highways

See All Updates »

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

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

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

See All Updates »

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

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

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

See All Updates »

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

See All Updates »

U.S. Fish and Wildlife Service Issues Proposed Rule Regarding Critical Habitat Determination for the Marbled Murrelet

On August 25, 2015, the U.S. Fish and Wildlife Service (Service) published a proposed rule relating to the existing critical habitat for the marbled murrelet (Brachyramphus marmoratus). The murrelet is listed as a threatened…more

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

See All Updates »

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

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

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

See All Updates »

EPA and USACE Issue Clean Water Rule

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

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

See All Updates »

Looming Right of Way Certification Deadline Threatens Butte County Project

Right of Way Certification is a key project milestone; not only does it mean a project is ready for advertising but obtaining certification by a certain date is often a prerequisite for funding. Tying certification to dollars…more

Eminent Domain, Municipalities, Public Projects

See All Updates »

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

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

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

See All Updates »

Mergers Just Became Safer for California’s Corporate Policyholders

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

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

See All Updates »

P3 Turns the Lights On in Detroit, Michigan

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

Department of Transportation, Highways, Infrastructure, Lighting Equipment, Public-Private Partnerships

See All Updates »

Toll Road Use on the Rise

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

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

See All Updates »

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

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

Healthcare, Patients, Specialty Healthcare

See All Updates »

Did You Know…Amendments to California’s Mandatory Paid Sick Leave Law Effective Immediately

Significant amendments to California’s new Paid Sick Leave Law, the Healthy Workplace, Healthy Families Act of 2014, went into effect immediately upon Governor Brown’s signature on July 13, 2015. The amendments include the…more

Compliance, Employee Benefits, Employment Policies, Healthy Workplaces Healthy Families Act 2014, Non-Exempt Employees

See All Updates »

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

See All Updates »

TxDOT Shortlists Five Proposer Teams for the SH 249 Extension Project

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

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

See All Updates »

What Happens When the United States Condemns a Street, Road or Public Highway?

Generally when the United States takes property pursuant to its eminent domain authority, “just compensation” is based on the market value of the property on the date of the taking. However, when acquiring a street, road or…more

Damages, Diminution in Value, Easements, Eminent Domain, Highways

See All Updates »

New 2015 Fundraising Restrictions on California Lobbyists and Limits on California Lobbying Firms

Lobbyists subject to new fundraising restrictions in 2015 - Effective January 1, 2015 lobbyists and their cohabitants are prohibited from hosting fundraising events for candidates and elected officials (for which the…more

Amended Regulation, Campaign Contributions, Fundraisers, Lobbyists, Political Campaigns

See All Updates »

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

See All Updates »

Court of Appeal Strikes Down 2011 S.F. Charter Requirement that SFERS Be "Fully Funded" Before Vested Supplemental COLAs May be Granted

In a March 27, 2015 opinion, the First District Court of Appeal unanimously declared a voter-approved amendment to the Charter of the City and County of San Francisco (City) to be unconstitutional as applied to current City…more

Appeals, City Charters, COLA, Public Employees, Retirement

See All Updates »

Redevelopment By Any Other Name Would Still Be Redevelopment…

It appears the state assembly is trying to get California back on the redevelopment wagon…again. (For a brief history lesson on redevelopment, see below.) Assembly Bill 2 (AB2), which passed the assembly earlier this month,…more

Pending Legislation, Redevelopment

See All Updates »

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

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

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

See All Updates »

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

See All Updates »

Limited Liability Companies Forced into Compliance

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

LLC, Notice Requirements, Statement of Information

See All Updates »

A Closer Look At T-Mobile V. Roswell

On Jan. 14, the U.S. Supreme Court issued its long-awaited decision in T-Mobile South LLC v. City of Roswell, holding that the city violated the "in writing" requirement of the Federal Telecommunications Act of 1996, 47 U.S.C. §…more

Cell Towers, Municipalities, Operational Permits, SCOTUS, Substantial Evidence Standard

See All Updates »

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

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

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

See All Updates »

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

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

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

See All Updates »

Should California Eliminate USPAP as its Sole Standard of Valuation Practice for Real Estate Appraisers?

Six weeks ago, I wrote about California Assembly Bill 624 and the Appraisal Institute’s effort to change California law that presently requires all licensed appraisers to comply with the Uniform Standards of Professional…more

Appraisal, Ethics, FIRREA, Pending Legislation, USPAP

See All Updates »

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

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

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

See All Updates »

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

See All Updates »

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

See All Updates »

Financing and an Extended Lease Term Now Required For Enforceable Lease-Leasebacks in California

On June 1, 2015, a California Court of Appeal held that in order for a lease-leaseback arrangement to be enforceable, the lease must be “genuine”, containing both a financing component and a lease term that extends beyond the…more

Appeals, Commercial Leases, Construction Project, Contractors, Financing

See All Updates »

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

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

Bridges, Department of Transportation, Land Developers, Public Projects, Texas

See All Updates »

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

See All Updates »

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

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

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

See All Updates »

Notice-and-Comment is Not Required for Changes Made to Interpretive Rules

On March 9, 2015, Justice Sotomayor, writing on behalf of the majority, overturned the Paralyzed Veterans doctrine, which requires federal agencies to use a notice-and-comment process before making a significant revision to an…more

Administrative Procedure Act, Notice and Comment, Paralyzed Veterans Doctrine, Perez v Mortage Bankers Assoc, Rulemaking Process

See All Updates »

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

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

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

See All Updates »

Presidio Parkway Opens in San Francisco

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

Construction Contracts, DOT, Infrastructure, P3s, Project Finance

See All Updates »

Service Begins on Houston METRO Green and Purple Lines

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

Infrastructure, Railways, Transit Authority

See All Updates »

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

See All Updates »

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

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

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

See All Updates »

Ninth Circuit Holds no NPDES Permit Required for Klamath Straits Drain

In ONRC Action v. U.S. Bureau of Reclamation, the United States Court of Appeals for the Ninth Circuit held that the Bureau of Reclamation was not required to secure a National Pollutant Discharge Elimination System ("NPDES")…more

Appeals, Bureau of Reclamation, Clean Water Act, Discharge of Pollutants, NPDES

See All Updates »

Court of Appeal Strikes Down 2011 S.F. Charter Requirement that SFERS Be "Fully Funded" Before Vested Supplemental COLAs May be Granted

In a March 27, 2015 opinion, the First District Court of Appeal unanimously declared a voter-approved amendment to the Charter of the City and County of San Francisco (City) to be unconstitutional as applied to current City…more

Appeals, City Charters, COLA, Public Employees, Retirement

See All Updates »

Arizona Department of Transportation Shortlists Three Teams for the South Mountain Freeway P3 Project

The Arizona Department of Transportation (“ADOT”) announced today it has shortlisted three developer teams vying for the $1.9 billion design-build-maintain contract for the Loop 202 South Mountain Freeway Project. The three…more

Construction Industry, Design-Build, Highways, Infrastructure

See All Updates »

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

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

Business Formation, Fiduciary Duty, Indemnification, LLC, RULLCA

See All Updates »

California Governor's Office Releases Comprehensive Update to State California Environmental Quality Act (CEQA) Guidelines

On August 11, 2015, the California Governor's Office of Planning and Research (OPR) released its Preliminary Discussion Draft of a comprehensive update to the CEQA Guidelines – the first global update to the CEQA Guidelines in…more

CEQA, Environmental Impact Report, New Guidance, Office of Planning & Research (OPR)

See All Updates »

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

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

Default Judgment, Duty to Defend, Insurers

See All Updates »

University of California Issues Draft RFP for UC Merced 2020 Project

The Regents of the University of California, on behalf of the University of California, Merced, issued a draft Request for Proposals (RFP) for the UC Merced 2020 Project on May 7, 2015. The draft RFP was provided to the three…more

Construction Industry, Educational Institutions, Real Estate Development, Request for Proposals

See All Updates »

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

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

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

See All Updates »

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

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

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

See All Updates »

Eminent Domain for Public Improvements Supporting Private Development Projects

With the improving real estate economy, there have been an influx of new large development projects throughout California. With these new proposed developments, it is common for local government agencies to require public…more

Eminent Domain, Infrastructure, Public Improvement Projects, Real Estate Development, Urban Planning & Development

See All Updates »

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

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

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

See All Updates »

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

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

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

See All Updates »

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

See All Updates »

University of California Issues Draft RFP for UC Merced 2020 Project

The Regents of the University of California, on behalf of the University of California, Merced, issued a draft Request for Proposals (RFP) for the UC Merced 2020 Project on May 7, 2015. The draft RFP was provided to the three…more

Construction Industry, Educational Institutions, Real Estate Development, Request for Proposals

See All Updates »

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

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

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

See All Updates »

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

See All Updates »

Planning for Breach Notification Requirements in Your Customer Contracts

At the San Francisco “Exchange” Data Privacy and Cyber Security Forum on April 26, a spirited debate arose whether a federal breach notification law will/should be enacted to bring uniformity to the patchwork of breach…more

Best Practices, Cybersecurity, Data Breach, DOJ, Federal Breach Notification Standard

See All Updates »

New 2015 Fundraising Restrictions on California Lobbyists and Limits on California Lobbying Firms

Lobbyists subject to new fundraising restrictions in 2015 - Effective January 1, 2015 lobbyists and their cohabitants are prohibited from hosting fundraising events for candidates and elected officials (for which the…more

Amended Regulation, Campaign Contributions, Fundraisers, Lobbyists, Political Campaigns

See All Updates »

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

See All Updates »

FRA Issues New Hazmat Train Securement Rule and Sunsets Emergency Order 28

The Federal Railroad Administration ("FRA") has issued new train securement rules for trains left unattended on a mainline, siding, or rail yard carrying 20 or more crude or ethanol cars or trains carrying poison by inhalation…more

Crude by Rail, Federal Railroad Administration, Hazardous Substances

See All Updates »

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

See All Updates »

The Inevitable Cyber Break In: Are You Protected?

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

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

See All Updates »

New Developments on Interplay between Whistleblower Actions and Other Attacks on Hospital Discipline

Hospitals and their medical staffs may consider it time to dust off their bylaws, in consideration of a recent legal development in a peer review proceeding. Last year, the California Supreme Court held that Mark T. Fahlen,…more

CA Supreme Court, Health and Safety, Healthcare, Hiring & Firing, Judicial Review

See All Updates »

U.S. Fish & Wildlife Service: Polar Bear Unlikely to Survive a Warming Climate

On July 6, 2015, the U.S. Fish & Wildlife Service (Service) published a Draft Polar Bear (Ursus maritimus) Conservation Management Plan (Polar Bear Plan). The Polar Bear Plan identifies the continuing loss of sea-ice habitat as…more

Compliance, Endangered Species, Endangered Species Act, Fish and Wildlife Service, Global Warming

See All Updates »

Ninth Circuit Holds Critical Habitat Designations Not Subject to Cost-Benefit Analysis

In Building Industry Association of the Bay Area v. U.S. Department of Commerce, a decision with significant implications for property owners, the building industry, and the development community at large, the U.S. Court of…more

Administrative Procedure Act, Conservation, Construction Industry, Critical Habitat, Land Developers

See All Updates »

Wi-Fi Blocking – More Than A Nuisance; It’s Illegal

One of my law firm partners visited San Francisco this week and was complaining about the fact that she was unable to use her Verizon Hot Spot at her hotel. “In San Francisco?” I said. “Are you kidding?”  She wasn’t…more

Cell Phones, Civil Monetary Penalty, FCC, Mobile Devices, No-Blocking Rules

See All Updates »

Recent Surface Transportation Board Preemption Decisions of Note

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

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

See All Updates »

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

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

Antitrust Litigation, Antitrust Provisions, Foreign Corporations, Manufacturers

See All Updates »

Sea Level Rise Guidance For Agencies, Cities

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

Coastal Real Estate, Sea Levels, State and Local Government

See All Updates »

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

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

Breach Notification Rule, Data Breach, Data Protection

See All Updates »

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

See All Updates »

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

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

CalPERS, Infrastructure, Pensions, Tangible Property

See All Updates »

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

See All Updates »

Federal Highway Funds to Continue Flowing — Until October 2015

Despite efforts by Congress to finally approve a long-term highway bill that would have secured funding for key infrastructure projects for the next several years, last week Congress managed only to kick the issue down the road…more

Federal Budget, Federal Funding, Highway Trust Fund, Obama Administration

See All Updates »

Federal Judge Enjoins Implementation of EPA and USACE's New Clean Water Rule

On Thursday, August 27, 2015, the U.S. District Court for the District of North Dakota enjoined the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (USACE) from implementing the recently finalized…more

Administrative Procedure Act, Clean Water Act, EPA, Injunctions, Jurisdiction

See All Updates »

EPA Presents WIFIA Listening Sessions in Los Angeles

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

Environmental Policies, EPA, Infrastructure, Water, Water Supplies

See All Updates »

Liable for not Learning from Target Data Breach?

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

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

See All Updates »

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

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

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

See All Updates »

Financing and an Extended Lease Term Now Required For Enforceable Lease-Leasebacks in California

On June 1, 2015, a California Court of Appeal held that in order for a lease-leaseback arrangement to be enforceable, the lease must be “genuine”, containing both a financing component and a lease term that extends beyond the…more

Appeals, Commercial Leases, Construction Project, Contractors, Financing

See All Updates »

A Legal Morass: Overlapping Takings Law With the Endangered Species Act

Last week, Jeremy Jacobs posted an interesting article about the U.S. Supreme Court’s recent decision in Horne v. Dep’t of Agriculture, No. 14-275 (U.S. Jun. 22, 2015), and its potential application to Endangered Species Act…more

Agricultural Land, Compensation Standards, Eminent Domain, Endangered Species Act, ESA

See All Updates »

TxDOT Shortlists Five Proposer Teams for the SH 249 Extension Project

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

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

See All Updates »

U.S. Supreme Court Holds in Favor of Cell Tower Siting Applicants

On January 14, the U.S. Supreme Court in T-Mobile South, LLC v. City of Roswell, held that the City of Roswell ("City") violated the Telecommunications Act of 1996, 47 U.S.C. § 332(c)(7)(B)(iii) (the "Telecommunications Act"),…more

Cell Phones, Municipalities, Operational Permits, Permits, SCOTUS

See All Updates »

North Carolina Achieves Financial Close on State’s First Highway Public-Private Partnership

North Carolina, acting through the North Carolina Department of Transportation (NCDOT), reached a major milestone on May 20, 2015 when financial close was achieved on the I-77 Express Lanes Project – the first highway…more

Department of Transportation, Highways, Infrastructure, Land Developers, Public-Private Partnerships

See All Updates »

Federal Highway Administration Publishes CM/GC Notice of Proposed Rulemaking

On June 29, 2015, the Federal Highway Administration ("FHWA") issue a Notice of Proposed Rulemaking ("NPRM") related to the construction manager/general contractor ("CM/GC") method of contracting. The NPRM is a long-awaited…more

Construction Project, Contractors, Federal Highway Administration, General Contractors, NEPA

See All Updates »

Did You Know…SCOTUS Saves the Affordable Care Act (Again)

The U.S. Supreme Court handed down its much-anticipated King v. Burwell decision on June 25, and (again) gave the Obama administration a huge victory by safeguarding its signature legislation, the Affordable Care Act…more

Affordable Care Act, Chevron Deference, Health Insurance, Health Insurance Exchanges, Individual Mandate

See All Updates »

Nossaman’s Eminent Domain Practice Group Attending the Transportation Research Board’s 94th Annual Meeting In Washington D.C.

The Transportation Research Board’s 94th Annual Meeting is well under way in Washington D.C. (January 11-15, 2015).  The meeting, which has attracted over 12,000 attendees and 300 exhibitors this year, provides an opportunity…more

Eminent Domain, Infrastructure, Professional Conferences, Surface Transportation

See All Updates »

What is Your Privacy Worth?

$29 per month, according to AT&T. The telecommunications giant launched its high-speed internet service, GigaPower, in Cupertino, California this week.  GigaPower boasts network speeds so fast that users can “download 25…more

AT&T, Data Mining, Online Advertisements, Telecommunications

See All Updates »

New DOT Rules Close Unintended Gap Regarding ADA Obligation To Modify Operating Practices

The U.S. Department of Transportation ("DOT") has issued new rules effective July 13, 2015 requiring transportation entities to modify their operating practices in certain circumstances to accommodate disabled passengers…more

ADA, Department of Transportation, Disability, DOT, Duty to Accommodate

See All Updates »

Historic Calif. Groundwater Bills are Dry on Specifics

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

Drought, Groundwater, Water, Water Resources Control Board

See All Updates »

Gold Line Foothill Extension to Open in Spring 2016

At the dedication celebration for the Gold Line’s Arcadia Station last weekend, Phil Washington, the CEO of the Los Angeles County Metropolitan Transportation Authority, said he expects passenger service on the Gold Line to…more

Public Transporation, Railways

See All Updates »

Cities and State Legislature Organizations come together in Washington to Tout P3s during Infrastructure Week, 2015

As part of Infrastructure Week, 2015, several interested organizations banded together for an afternoon meeting on Monday, May 11, that focused on public-private partnerships as a way out of the infrastructure crunch. Projects,…more

Critical Infrastructure Sectors, Infrastructure, P3s, Public Projects, Public-Private Partnerships

See All Updates »

Getting Healthy Together

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

ACOs, Affordable Care Act, Healthcare, HMOs, Hospitals

See All Updates »

EPA and USACE Issue Clean Water Rule

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

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

See All Updates »

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

See All Updates »

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

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

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

See All Updates »

Don’t Overlook the Potential Value Added By Green Buildings

It is increasingly important for buildings to be energy efficient. So-called “green buildings” can not only lead to more efficient energy use, but can also result in significant cost savings over time. Indeed, green buildings…more

Commercial Property Owners, Commercial Real Estate Market, Commercial Tenants, Construction Industry, Energy Efficiency

See All Updates »

California Supreme Court Ponders Fully Protected Species Issues

On September 2, 2015, the California Supreme Court heard oral argument in a case involving fully protected species that may have important state-wide implications. (Center for Biological Diversity v. Department of Fish and…more

CA Supreme Court, California Air Resources Board, California Endangered Species Act, CEQA, Conservation

See All Updates »

Court of Appeal Strikes Down 2011 S.F. Charter Requirement that SFERS Be "Fully Funded" Before Vested Supplemental COLAs May be Granted

In a March 27, 2015 opinion, the First District Court of Appeal unanimously declared a voter-approved amendment to the Charter of the City and County of San Francisco (City) to be unconstitutional as applied to current City…more

Appeals, City Charters, COLA, Public Employees, Retirement

See All Updates »

Insurers Pay to Avoid a Precedent Finding CGL Coverage for a Cyberbreach – the Zurich v. Sony Settlement

It was reported today that the widely-watched data breach case, Zurich American Ins. Co., et al  v. Sony Corp. of America (N.Y. Sup. Ct. Feb. 21, 2014), has been settled before the New York appellate court could issue an…more

Commercial General Liability Policies, Data Breach, Invasion of Privacy, Policy Exclusions, Sony

See All Updates »

Court Vacates Final Rule Listing Lesser Prairie Chicken

On September 1, the U.S. District Court for the Western District of Texas, Midland Division vacated the U.S. Fish and Wildlife Service’s (“Service”) Final Rule listing the Lesser Prairie Chicken (“LPC”) as threatened. The…more

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

See All Updates »

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

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

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

See All Updates »

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

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

CEQA, CEQA Reform, Environmental Impact Report

See All Updates »

California Fish and Game Commission Lists Population of Fisher Under the California Endangered Species Act

On August 6, 2015, the California Fish and Game Commission (Commission) voted to list the southern Sierra Nevada evolutionarily significant unit of the fisher (Pekania pennati) as a threatened species under the California…more

California Endangered Species Act, Department of Fish and Wildlife, Endangered Species

See All Updates »

Appellate Court Upholds Santa Maria Groundwater Judgment & Physical Solution

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

Groundwater

See All Updates »

U.S. Fish and Wildlife Service to Survey Habitat Conservation Banks

On July 24, 2015, the U.S. Fish and Wildlife Service (Service) published a notice seeking authorization from the Office of Management and Budget to evaluate habitat conservation banks established under the Endangered Species Act…more

Critical Habitat, Department of the Interior, ESA, Fish and Wildlife Service, Habitat Conservation Plan

See All Updates »

Strategies For Businesses Protecting Electronic Data Within California: Part Three

In Parts One and Two of this e-alert series, we discussed the federal Computer Fraud And Abuse Act ("CFAA") and its California corollary the California Computer Data Access And Fraud Act (CDAFA). In Part Three, we provide a…more

Data Breach, Electronically Stored Information, Risk Mitigation, Stored Communications Act

See All Updates »

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

See All Updates »

Contact

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

  • 213.612.7800
  • 213.612.7801

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

100+ Attorneys

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

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

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

Sign up to create your digest using LinkedIn*

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