Government Entities

News & Analysis as of

Supreme Court Update: Perez V. Mortgage Bankers ASS'n (13-1041), Dep't Of Transportation V. ASS'n Of American Railroads (13-1080)...

It's been a great week for admin-law junkies; maybe not so much for the D.C. Circuit, which suffered two unanimous reversals in Perez v. Mortgage Bankers Ass'n (13-1041) and Dep't of Transportation v. Ass'n of American...more

Supreme Court Decides Dept. of Transportation et al v. Ass'n of Am. Railroads

On March 9, 2015, the Supreme Court decided Dept. of Transportation et al v. Ass’n of Am. Railroads No. 13-1080, holding that, based on the federal government’s control and supervision of Amtrak, Amtrak may act as a...more

ERISA: Sometimes A Government Employee’s Benefits Could Be Governed By ERISA?

You already know that employee benefit plans established by governmental entities are exempt from ERISA. But ERISA might apply if the employee benefit for the government employee is established through an association....more

Speakers Only: Governmental Entities Must be Engaged in “Communicative Activity” to Qualify for Anti-SLAPP Protection

On January 22, the Washington Supreme Court decided Henne v. City of Yakima, its first decision interpreting Washington’s anti-SLAPP statute (SLAPP is short for Strategic Lawsuit Against Public Participation). This case has...more

School District Case Clarifies PRA Copying Charges

A Government Agency Must Allow the Public to Inspect Records at No Cost, Judge Rules - A judge has ruled that a California school district’s charging policy for viewing public documents violates the Public Records Act....more

Annual Compensations Must Be Posted by Local Government Agencies in California

Law That Takes Effect Jan. 1 Requires Sharing Public Employee Pay Information Online - Starting Jan. 1, local public agencies will be required to post information on the annual compensation of their elected officials,...more

Court of Appeal Upholds Anti-SLAPP Motion to Defeat Claims Against Government Agencies

Ruling Allows Government Agencies to Use the Motion to Quickly End Meritless and Vexatious Lawsuits - A government agency can employ an anti-SLAPP motion to win early termination of meritless and vexatious lawsuits...more

New Accounting Standards Could Profoundly Impact Incentives Transparency

Executive Summary - The Governmental Accounting Standards Board (“GASB”) has issued an exposure draft of a proposed statement (the “Statement”). The Statement, for the first time, would set uniform minimum disclosure...more

This Proposed Rulemaking Should be Mandatory Reading for All Public Transportation Agencies

On November 24, 2014, the Federal Highway Administration (FHWA) published a proposed rule that would amend the regulations governing how Federal grant recipients acquire, manage, and dispose of real property. Thus, the...more

The Continuing Far Reach of the False Claims Act

Since 2009, when Congress preserved and expanded the reach of the False Claims Act (“FCA”) through the Fraud Enforcement and Recovery Act (“FERA”), Government contractors have seen a vast increase in FCA lawsuits and...more

The Ninth Circuit Holds That Res Judicata Bars State Recovery of Restitution for Members of a CAFA-Compliant Class Action

In California v. Intelligender, LLC, the Ninth Circuit ruled that final judgment in a CAFA-compliant class settlement barred the State of California from seeking restitution on behalf of members of the settlement class for...more

FINRA Solicitor Pay-to-Play Rules Complete IA & MSRB Suite

Last Friday, FINRA proposed pay-to-play prohibitions that parallel and implement similar Investment Adviser Act provisions in Rule 206(4)-5. That IA Rule prohibits investment advisers from paying third-parties to solicit...more

Federal Government Discriminates Against Transgender Employee

The U.S. Office of Special Counsel recently announced that a federal government agency violated Title VII of the Civil Rights Act of 1964 by discriminating against an employee who transitioned from male to female in 2010....more

Just In Time for the Holidays: More Security Requirements From NIST

National Institute of Standards and Technology (NIST) has published draft recommendations aimed at securing the confidentiality of sensitive federal information located within non-federal entities’ information technology...more

Coming Soon: The Rhode Island Quasi-Public Corporations Accountability and Transparency Act

Lawyers, accountants and others involved with the more than 20 quasi-state entities here in Rhode Island should be aware that the State Department of Administration Bureau of Audits has begun preparing for the January 1, 2015...more

Suing the State: Class Action or "Mass Action"

Wisconsin’s court of appeals recently clarified the extent to which class-action lawsuits may be brought against Wisconsin governmental entities in Townsend v. Neenah Joint School District, No. 13AP2839 (Oct. 22, 2014)....more

Imports From Chinese Companies Owned And Controlled By Chinese Government Entities Now Likely Subject To Higher Dumping Duties

If you import goods that are subject to an antidumping duty (AD) order from a Chinese exporter that is owned and controlled by the Government of China (GOC), your imports may be liable for U.S. AD duties based on the...more

Raleigh and Wake County Websites Recognized Among Best, Nationwide

As any good business knows, a good website is critical. A good website provides an impression, serves at a repository for information, functions as a means of communication and works as a vehicle for a transaction, among...more

Is A “Rule” An “Order” And Why Would Anyone Care?

Pay-to-Play Rule Challenged - Doug Cornelius recently wrote about the dismissal of a lawsuit challenging the Securities and Exchange Commission’s anti “pay-to-play” rule under the Investment Advisers Act of 1940. New...more

Federal District Court Rules PRP Can Pursue CERCLA Cost Recovery Action Against State

Judge William B. Shubb of the Eastern District of California ruled last month that a state government agency can be held liable as a Potentially Responsible Party (PRP) even if the agency’s involvement at a particular site is...more

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...more

Federal Agencies Cannot Be Fined for Reliability Standard Violations

The D.C. Circuit concluded that sovereign immunity prevents FERC and NERC from imposing monetary penalties on federal agencies that violate Reliability Standards....more

New Structure of Kazakhstan’s Government

On 6 August 2014 the President of the Republic of Kazakhstan issued Decree on reorganization of the Government (the “Decree”). The Decree envisages integration of ministries or certain authorities of theirs into one...more

Criminal Background Discrimination Dragnet Ensnares Government Employer

Last week a New York federal court certified a class of approximately 250,000 African-American job applicants in a race discrimination case against the U.S. Census Bureau. The plaintiffs allege that they were unlawfully...more

Advisory Committee on Tax Exempt and Government Entities Makes Recommendations on Reporting of Unrelated Business Taxable Income

The Advisory Committee on Tax Exempt and Government Entities (“ACT”), an IRS advisory panel, made several recommendations on issues relating to unrelated business taxable income (“UBTI”) in its annual report to the IRS (the...more

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