Nossaman LLP

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Los Angeles, CA 90017 , United States

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

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

U.S. Fish & Wildlife Service Nixes Proposed Delisting of Central Valley Beetle Species

On September 17, 2014, the U.S. Fish and Wildlife Service (Service) withdrew its proposal to remove the valley elderberry longhorn beetle (Desmocerus californicus dimorphus) from the Federal List of Threatened and Endangered…more
| Environmental Law, Zoning, Planning & Land Use

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

The State of California implemented the “Calderon Process” almost two decades ago. The hope was this pre-litigation “mediation” process would lower the cost, and increase the likelihood of early settlement, of construction…more
| Alternative Dispute Resolution (ADR), Construction Law, Real Estate - Residential

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
| Environmental Law, Zoning, Planning & Land Use

When Does an Insurance Co. Waive Atty-Client Privilege?

If an insurance company alleges it lawfully denied a claim, is that an implied waiver of the attorney-client privilege as to its consultation with coverage counsel? When a policyholder sues an insurer for bad faith, for…more
| Civil Procedure, Insurance

Georgia Plant Listed and 732 Acres Designated

On September 12, 2014, the U.S. Fish and Wildlife Service (Service) published notice of its final rule listing the Georgia rockcress (Arabis georgiana) as a threatened plant species under the Endangered Species Act. On the same…more
| Environmental Law, Zoning, Planning & Land Use

Environmental Review Required for Subdivision Map Approvals

On September 9, the Third District Court of Appeal held that tentative subdivision map approvals "always have at least the potential to cause" a direct or indirect physical change in the environment and thus are categorically…more
| Civil Procedure, Environmental Law, Zoning, Planning & Land Use

The Scope of Commercial General Liability Policies Continues to Shrink

Watch out for those Employment Practice Liability “EPL” exclusions. The courts have routinely upheld these exclusions now explicitly added to both the Coverage A (bodily injury and property damage) and the Coverage B (personal…more
| Commercial Law & Contracts, Labor & Employment Law, Insurance

U.S. Fish and Wildlife Service Extends Protection for Canada Lynx

On Friday, the U.S. Fish and Wildlife Service (Service) issued a final rule revising the critical habitat designation for the contiguous United States distinct population segment (DPS) of the Canada lynx (Lynx canadensis) and…more
| Environmental Law, Zoning, Planning & Land Use

Six Regional Projects Awarded Federal Funding

Good news California: local projects are continuing to receive federal funding. Caltrans announced last week that the U.S. Department of Transportation has granted nearly $35 million in TIGER funds to six local and regional…more
| Administrative Law, Finance & Banking, Zoning, Planning & Land Use, Transportation

Challenging the Right to Take: What Happens When a Government Agency Requires a Property that is Already Devoted to a Public Use?

Often times government agencies require property for a public project that is already put to a public use. What are the acquiring agency’s options, assuming an agreement cannot be reached prior to filing a condemnation action?…more
| Civil Procedure, Constitutional Law, Zoning, Planning & Land Use

FHWA Publishes Core Toll Concession P3 Model Contract Guide

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

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

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

Did You Know…California Supreme Court Rules – No Franchisor Vicarious Liability

The California Supreme Court recently held in Patterson v. Domino’s Pizza, LLC, No. S204543 (Cal. Aug. 28, 2014) that a franchisor could not be held vicariously liable under the California Fair Employment and Housing Act…more
| Civil Rights, Labor & Employment Law, Franchise Law

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

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