Government Entities

News & Analysis as of

Government Access to Private Data: Microsoft Opens a New Front in the Battle for Consumer Privacy

Prior to the Information Age, sensitive papers were stored in file cabinets and drawers. When home computers arrived, information was digitized and moved to hard drives or other electronic media, still possessed by the user....more

You’ve Been Notified: Alabama May Join Other States in Enacting Data Breach Notice Law

Forty-seven states and the District of Columbia have laws requiring notice of a data breach to potentially affected individuals. Alabama may soon join the crowd. Bills creating the Alabama Information Protection Act of...more

IRS Regulatory Guidance for Supporting Organizations

The Pension Protection Act of 2006 made significant changes to the rules applicable to supporting organizations, and in particular Type III supporting organizations. The latest regulatory guidance from the IRS continues the...more

The Advantage of Crossover Refunding of Build America Bonds

Many governmental entities considering an advance refunding of their Build America Bonds (“BABs”) can achieve a better economic result by using a crossover refunding. While an advance “net” refunding typically results in a...more

IRS Releases Proposed Regulations Defining a “Political Subdivision” For Purposes of Determining Eligibility to Issue Tax-Exempt...

On February 22, 2016, the Internal Revenue Service (the “IRS”) released proposed treasury regulations (the “Proposed Regulations” ) to provide guidance as to how the IRS intends to prospectively define a “political...more

Governmental Entities Should Identify and Remove Potential ADA Accessibility Barriers on their Websites

Governmental entities need to be wary of law firms claiming to represent unidentified web users who allege that the entity’s website violates the Americans with Disabilities Act (ADA) because of accessibility barriers for...more

Two Claimants, One Check: A Common Maneuver That Can Get You Sued…Again

In 2009, Javier Escobar was injured in an auto accident that caused him to undergo extensive medical care at the Santa Clara Valley Medical Center - a hospital owned and operated by the County of Santa Clara (the “County”)....more

Consumer Outlooks on Privacy

Privacy is a social norm, sometimes captured in laws and regulations, which sets limits on the collection, protection, processing, and deletion of personal information. As has become increasingly clear in recent years,...more

The Cybersecurity Act of 2015: Implications for Threat Sharing

On December 18, 2015, President Obama signed the Cybersecurity Act of 2015 (The “Act”), legislation designed to combat online threats to the federal government, state and local governments, and private entities. Within the...more

Pay-to-Play: FINRA Requests SEC Approval of Proposal to Regulate Political Contributions

The Securities and Exchange Commission (“SEC”) recently published for comments rules proposed by the Financial Industry Regulatory Authority, Inc. (“FINRA”) and the Municipal Securities Rulemaking Board (“MSRB”) to regulate...more

Are government contractors “persons” under the TCPA? The FCC will soon determine

In a decision that could have wide-ranging effects for government contracting, the Federal Communications Commission (FCC) has sought comment on a petition for declaratory ruling requesting that the FCC declare that the...more

Limitations and Notice Requirements for Tort Claims Against Government Entities

Alabama - Source of Government Immunity - - Claims against State: Ala. Const. art. I, §14. ..State is immune from tort actions. ..Bars (1) claims against the State, (2) claims against a State agency, (3)...more

Governmental entities and anti-SLAPP statutes

Earlier this year, in Henne v. City of Yakima, the Washington State Supreme Court held that the City of Yakima could not move under that state’s anti-SLAPP statute where it was the recipient – rather than speaker – of the...more

Broker-Dealer “Pay-to-Play” Rule Proposed to SEC

Last week FINRA proposed for SEC adoption a “pay-to-play” rule for broker-dealers engaged in distribution or solicitation activities with government entities.  The Proposed Rule is modeled after investment-adviser pay-to-play...more

Government Can Be Estopped from Going Back on Precondemnation Promises

When the government promises to do one thing and then does another, it usually has myriad excuses. Sometimes it claims that its staff (the people with whom the opposing side are typically interacting) cannot bind the agency....more

TCPA Connect - November 2015

SPECIAL FOCUS: FTC Conducts Workshop on Consumer Protection Issues in Lead Generation - On Friday, October 30, 2015, the Federal Trade Commission hosted a full-day public workshop to explore consumer protection issues...more

IRS Releases Final Regulations Facilitating P3s and Mixed-Use Developments, and Remedial Actions

On October 26, 2015, the Internal Revenue Service released final allocation and accounting regulations (the Final Regulations) under Section 141 of the Internal Revenue Code of 1986, as amended (the Code) related to...more

At Long Last – Allocation and Accounting Rules

Good things come to those who wait. The tax-exempt bond industry has waited 18 years for a missing reserved section of the private activity bond regulations, the allocation and accounting regulations, Treas. Reg. Section...more

New Flexibility for Joint Ventures Using Tax-Exempt Bond-Financed Property

On October 26, 2015, the IRS released final regulations under Sections 141 and 145 of the Internal Revenue Code concerning the use of property financed with tax-exempt bond proceeds. The bulk of the new regulations fill a...more

Stadium Follies – When Can You Sue the State of Texas?

What a year it has been for the Podunk (Texas) High School football team. After the school opened its new $50 million, 18,000-seat stadium at the beginning of the year, the team has reeled off an undefeated regular season and...more

Dangerous Condition, Dangerous Precedent: California Supreme Court Expands Scope of Dangerous Condition Liability Involving Third...

In Cordova v. City of Los Angeles (filed 8/13/15, Case No. S208130), the California Supreme Court held a government entity is not categorically immune from liability where the plaintiff alleges a dangerous condition of public...more

How Driver Negligence in an Accident Lawsuit is Determined in Court

What is negligence? In any auto, truck, bus or other kinds of on-road collision, it is an act or failure to act that causes an accident. Negligence is failure to follow the rules of the road, which might include running a...more

SEC Sets Compliance Date for Pay-to-Play Rule's Ban on Third-Party Solicitation of Government Entities

On June 25, 2015, the Securities and Exchange Commission (SEC) set a compliance date of July 31, 2015 for the ban on payments to third parties for the solicitation of advisory business from any government entity under Rule...more

New Nevada Commerce Tax Effective July 1, 2015

While not purporting to give specific advice on Nevada tax law, the following is a summary of some of the general principals underlying the new tax law. A new Nevada Commerce Tax (“NCT”) was signed into law by Nevada Governor...more

"Supreme Court: A Term-End Review"

As the U.S. Supreme Court’s 2014-15 term draws to a conclusion, the Court has resolved — or will resolve in a matter of days — several cases with potentially wide-reaching implications for a range of important policy and...more

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