Nossaman LLP

USFWS Initiates Status Review for Lesser Prairie-Chicken

The U.S. Fish and Wildlife Service (“Service”) recently published a positive 90-day finding on a petition to list the Lesser Prairie-Chicken (Tympanuchus pallidicinctus) and three distinct population segments as endangered under…more
| Environmental Law, Zoning, Planning & Land Use

House Committee Warns Congress to Set Security Standards

Recently, members of the House Energy and Commerce Committee told Congress that they must set cyber security standards for all devices connected to the internet or else face the possibility of a major cyberattack that could…more
| Communications & Media Law, Elections & Politics, Privacy, Science, Computers, & Technology

November 22, 2016: STOP! The DOL'S Overtime Rule Has Been Put On Hold - At Least For Now

Judge Amos Mazzant, a Texas federal district court judge, just issued a nationwide injunction which stops the U.S. Department of Labor’s (DOL) new overtime rules from taking effect as scheduled on December 1. Twenty-one states…more
| Civil Remedies, Labor & Employment Law

National Marine Fisheries Service Concludes Iliamna Lake Harbor Seals Are Not Distinct Population, Denies Endangered Species Act Protections

The National Marine Fisheries Service (NMFS) recently completed its review of the status of eastern North Pacific harbor seals (Phoca vitulina richardii) in Iliamna Lake, Alaska, a large freshwater lake in Alaska connected to…more
| Environmental Law, Zoning, Planning & Land Use

Tentative Decision Favors Private Utility Company in Takeover Bid

One of the hot issues in eminent domain these days involves the government’s efforts to take over privately-run utility companies. The argument typically is that the government — which has no profit-making motive — can run the…more
| Civil Procedure, Constitutional Law, Energy & Utilities, Mergers & Acquisitions

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
| Civil Procedure, Privacy, Science, Computers, & Technology, Taxation

New Administration Means Big Changes for Endangered Species

The election of Donald Trump as President, together with Republican majorities in the House and Senate, is likely to lead to important policy changes across a range of issues. While administration of the Endangered Species Act…more
| Elections & Politics, Environmental Law, Zoning, Planning & Land Use

Major Security Breach Reported to Congress By Federal Bank Regulator

Recently, the Office of the Comptroller of the Currency (OCC) informed Congress that it had suffered a major information security incident. The agency reported that, in November 2015, a former employee downloaded over…more
| Administrative Law, Finance & Banking, Privacy, Science, Computers, & Technology

Second-Ever Eagle Programmatic Take Permit Soon To Be Granted For California Wind Energy Facility

On November 1, 2016 the U.S. Fish and Wildlife Service (Service) announced its plan to issue what will be only the second programmatic eagle take permit under the Bald and Golden Eagle Protection Act (BGEPA) permit program since…more
| Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

What Does the Election Mean for the Future of Infrastructure Development?

With only a few days remaining until one of the most controversial presidential elections in history, there has been little focus on the candidates’ plans as it pertains to the future of infrastructure development in America. …more
| Elections & Politics, Government Contracting, Transportation

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
| Antitrust & Trade Regulation, Communications & Media Law, Consumer Protection

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
| Commercial Law & Contracts, Government Contracting, Transportation

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
| Construction Law, Government Contracting, Transportation

Beazley Report Details Increase in Ransomware Attacks

A report issued last week by Beazley, one of the prominent insurance companies in the cyber field, revealed what industry experts predicted earlier in the year – ransomware is an increasingly prevalent menace. That report is a…more
| Communications & Media Law, Privacy, Science, Computers, & Technology

U.S. Fish and Wildlife Service Adds Ten Species to the List of Endangered and Threatened Wildlife and Updates the Listings of Five other Species

On November 2, 2016, the U.S. Fish and Wildlife Service (Service) issued a final rule adding ten species to the List of Endangered and Threatened Wildlife, and updating the listings of five other species. Of the ten new species…more
| Environmental Law, Zoning, Planning & Land Use
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