Nossaman LLP

Technology Companies: When a Product Complaint Arises, Will Your Insurance Cover the Claims?

- Sometimes, technology products contain flaws. - Purchasers may complain to the manufacturer about the flawed products, and some complaints become multi-million dollar liabilities. - After receiving such a claim, the…more
| Civil Procedure, Commercial Law & Contracts, Insurance, Products Liability, Science, Computers, & Technology

Federal Wildlife Agencies Issue Final Rule Codifying Practice of Using Surrogates in Incidental Take Statements

On May 1, 2015, the U.S. Fish and Wildlife Service and National Marine Fisheries Service (collectively, the wildlife agencies) issued a final rule amending the regulations governing consultation under section 7 of the Endangered…more
| Environmental Law, Zoning, Planning & Land Use

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
| Civil Procedure, Constitutional Law, Zoning, Planning & Land Use, Real Estate - Residential, Real Estate - Commercial

Court Clarifies Rules for Recovery of Attorneys' Fees in Eminent Domain Actions

In California eminent domain actions, the parties are required to exchange formal settlement proposals 20 days before trial. If the case proceeds to trial, the property owner may recover litigation expenses if its demand was…more
| Civil Procedure, Civil Remedies, Constitutional Law, Real Estate - Commercial

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
| Administrative Law, Conflict of Laws, Environmental Law, Zoning, Planning & Land Use, Transportation

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
| Education, Elections & Politics, Transportation

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
| Construction Law, Government Contracting, Transportation

California Court Explains the Interrelationship Between the Resolution of Necessity and Project in the Manner Proposed in an Eminent Domain Action

One of the issues often disputed between public agencies and property owners in eminent domain actions is the assessment of severance damages, and in particular, whether damages should be based upon (i) the terms of the…more
| Civil Procedure, Civil Remedies, Constitutional Law, Real Estate - Residential

Recent Crude-by-Rail Developments

The transportation of crude oil by rail continues to be a key issue for rail and energy industry stakeholders as well as policy makers. Below is a summary of recent developments. 1. DOT Takes Six Crude-by-Rail Safety…more
| Administrative Law, Energy & Utilities, Transportation

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
| Business Organizations, Commercial Law & Contracts, Consumer Protection, Privacy, Science, Computers, & Technology

National Defense Authorization Act Would Restrict Federal Greater Sage-Grouse Protections

On April 27, 2015, the Chairman of the House Armed Services Committee, released the text of the National Defense Authorization Act (Act), including language that would ban the U.S. Fish and Wildlife Service (Service) from…more
| Environmental Law, Zoning, Planning & Land Use

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
| Art, Entertainment, & Sports Law, Commercial Law & Contracts, Personal Injury, Insurance, Science, Computers, & Technology

D.C. Court Upholds Forest Service’s 2012 Planning Rule

In a decision issued April 28, 2015, a U.S. District Court for the District of Columbia dismissed an action challenging the U.S. Forest Service’s (Service) 2012 National Forest Planning Rule (Planning Rule). The Service is…more
| Civil Procedure, Constitutional Law, Environmental Law, Zoning, Planning & Land Use

FRA's Proposed Rule on Risk Reduction Programs Puts the Outreach Obligations Squarely on Railroad Management

On February 27, 2015, the Federal Railroad Administration ("FRA") published its proposed rule on Risk Reduction Programs in the Federal Register. The proposed rule would require Class I railroads and railroads with an inadequate…more
| Administrative Law, Labor & Employment Law, Transportation

Does Voter Initiative Drain Water Providers' Power to Respond to Drought?

As reported on Nossaman's Endangered Species Law & Policy blog, on April 1, 2015, Governor Jerry Brown issued a landmark executive order mandating water cutbacks for urban residents to address the state's historic drought…more
| Constitutional Law, Elections & Politics, Energy & Utilities
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