News & Analysis as of

Government Entities

The District of Oregon Rules That the United States May Not Pursue False Claims Act Litigation Against State Entities

by Hogan Lovells on

On April 11, 2017, the United States District Court for the District of Oregon held that the United States may not pursue False Claims Act (FCA) litigation against an arm of the State and dismissed the FCA claims in the...more

GAO Urges Transparency in GSA Leasing Practice for Foreign-Owned Real Estate

by Holland & Knight LLP on

On January 3, 2017, the United States Government Accountability Office (GAO) delivered a report to Congress recommending that the General Services Administration (GSA) inform tenant agencies when leasing high-security space...more

The Ethics Advisor: Good Governance Floats on a Sea of Integrity

by Best Best & Krieger LLP on

“In civilized life, law floats in a sea of ethics,” the late Earl Warren, who served as a U.S. Supreme Court chief justice and as California attorney general and governor, stated in a 1962 speech. In a closely related sense,...more

The Illinois Supreme Court Opens Door to Claims Against Government Entities for Flood Losses

by Cozen O'Connor on

Floods lead to costly claims for insurance companies. Unfortunately, subrogated insurers are frequently precluded from pursuing governmental entities that cause flooding because they enjoy immunity from tort claims. So, for...more

SEC Approves FINRA Pay-to-Play Rules

by Latham & Watkins LLP on

Placement agents to private funds who seek investments by state and local pension plans must comply with restrictions on political contributions and related activities. On August 25, 2016, the Securities Exchange...more

Brazil eSocial Launch Is Postponed Again, But Employers Should Not Ignore It

by Littler on

After agonizing months of uncertainty for employers, on August 31, 2016, Brazil’s eSocial Steering Committee issued a new resolution postponing the eSocial digital bookkeeping program’s implementation deadlines, the first of...more

Changes To Florida’s New Anti-Corruption Law Take Effect October 1 - Will Florida Soon Consider Your Business Practices Corrupt?

by Carlton Fields on

The Florida Legislature recently responded to growing concerns over public corruption in the state of Florida by amending Florida’s Anti-Corruption Act (FACA). The changes take effect October 1. This paper outlines...more

Cautionary Observations from the Proposed 457 Regulations

by Bryan Cave on

After more than nine years of deliberations, the IRS has finally released proposed regulations governing all types of deferred compensation plans maintained by non-profit organizations and governmental entities. In...more

Advisory Committee on Tax Exempt and Government Entities (ACT) Presents its Report of Recommendations on June 8, 2016

by Bryan Cave on

On June 8, 2016, the 21 members of the ACT presented its 15th report of recommendations to the IRS in a public meeting in Washington, DC. The ACT report addressed five issues...more

EPA Brownfields Site Planning Grants

The U.S. Environmental Protection Agency has posted a Request for Proposals (RFP) for Fiscal Year 2017 Brownfields Area-Wide Planning program grants. With estimated funding of $4 million and a maximum grant amount of...more

Shining a Brighter Light on Massachusetts Public Records - HB 4333

by Foley & Lardner LLP on

If, as Justice Louis Brandeis famously said, “sunlight is said to be the best of disinfectants,” Massachusetts public records have just received a substantial splash of bleach. On June 3, 2016, Governor Charlie Baker signed...more

Supreme Court Decides Simmons v. Himmelreich

by Faegre Baker Daniels on

On June 6, 2016, the Supreme Court of the United States decided Simmons v. Himmelreich, No. 15–109, holding that the judgment-bar provision of the Federal Tort Claims Act (FTCA) does not apply to claims dismissed for falling...more

New Law Imposes Additional Requirements on NGOs Operating in China

Until recently, there have been few formal regulations regarding the operation of foreign non-governmental organizations (NGOs) in China. While the Chinese government has expressed skepticism and, at times, hostility toward...more

Iowa Supreme Court: So-Called “Shuttle Diplomacy” May Violate Open Meeting Law

by Dorsey & Whitney LLP on

This is the first part in a three part series exploring important changes to Iowa’s open meeting law. Iowa’s open meeting law seeks to ensure that the basis and reasoning for governmental decisions are easily accessible...more

Private Equity and the Och-Ziff Enforcement Action

by Michael Volkov on

Since 2010, the Justice Department and the SEC have been “investigating” a number of private equity and hedge funds for FCPA violations. The launch of the inquiries was a big deal with lots of fanfare and focus on private...more

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

by BakerHostetler on

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

by Butler Snow LLP on

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

by McGuireWoods LLP on

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

by Dorsey & Whitney LLP on

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...

by Butler Snow LLP on

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

by Dickinson Wright on

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

by Morrison & Foerster LLP on

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

by Dechert LLP on

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

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Cybersecurity

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