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Government Entities

Lowenstein Sandler LLP

SEC’s Pay-to-Play Crackdown: Settlement Sends Strong Message on Political Contributions

On August 19, 2024, the U.S. Securities and Exchange Commission (SEC) settled with a registered investment adviser (Adviser),1 whereby the Adviser paid a $95,000 civil money penalty in addition to being censured for...more

Smart & Biggar

Official marks in Canada: a unique system with notable flaws

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Formally known as prohibited marks, official marks are a distinctive feature of Canadian trademark law, providing government entities with an exclusive and powerful tool to protect their marks, symbols and emblems. Private...more

Nutter McClennen & Fish LLP

Nutter Securities Enforcement Update: Presidential Election Campaign Donations May Trigger Investment Adviser “Pay to Play” Rule

Overview: Investment advisers that seek to manage public money need to consider the SEC’s “pay to play” rule, which restricts election-related contributions by the firms or their “covered associates” to elected state...more

Holland & Hart LLP

Idaho's New Parental Consent Law: FAQs

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Idaho’s new parental consent law took effect July 1, 2024. Under the new law: “[A]n individual shall not furnish a health care service or solicit to furnish a health care service to a minor child without obtaining the...more

Husch Blackwell LLP

Bridging the Gap: Caution for Developers Looking to Use Public Rights of Way for Collection and Transmission Routing

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For one reason or another, not every parcel of land originally targeted for a renewable energy project is able to be included in a final site plan. Typically, developers try to secure private easements from contiguous...more

Skadden, Arps, Slate, Meagher & Flom LLP

SEC Penalizes Adviser in New Rule 206(4)-5 Proceeding

On April 15, 2024, the U.S. Securities and Exchange Commission (SEC) censured and imposed a $60,000 civil penalty on Wayzata Investment Partners LLC (Wayzata) for violating SEC Rule 206(4)-5 (the Pay-to-Play Rule). Under the...more

Bricker Graydon LLP

New Guidance for Joint Purchasing Programs Under R.C. 9.48 Sets New Allowances

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The Ohio Attorney General (OAG) released an opinion in March 2024, Opinion No. 2024-003, to clarify the kinds of services that may be procured under R.C. 9.48. The March 2024 opinion specifically references an OAG opinion...more

Wiley Rein LLP

10 Things to Know About the APRA – the Latest Federal Privacy Law Effort

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Over the weekend, lawmakers unveiled the latest push for a federal privacy law – the American Privacy Rights Act (APRA). The bill was circulated as a discussion draft by Sen. Maria Cantwell (D-WA), Chair of the Senate...more

CloudNine

What are the Growing Challenges with Public Records/FOIA Requests?

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The number of public records requests filed each year is on the rise, presenting a significant challenge for government agencies. One of the core obstacles faced by these agencies is the tight timing constraints imposed by...more

WilmerHale

FTC Proposes Rule to Make Impersonating Government Entities and Businesses Unlawful

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On February 15, 2024, the Federal Trade Commission (FTC) finalized its Government and Business Impersonation Rule (the Impersonation Rule, available here) prohibiting fraudulent impersonation of governments, businesses and...more

Husch Blackwell LLP

DOJ Releases Notice of Proposed Rulemaking on Online Accessibility Requirements

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On August 4, 2023, the Civil Rights Division of the U.S. Department of Justice (DOJ) published in the Federal Register a notice of proposed rulemaking (NPRM), on accessibility requirements for online and app-based services...more

The Rodman Law Group, LLC

The Corporate Transparency Act Reporting Exemptions

The Corporate Transparency Act mandates certain reporting requirements for beneficial ownership information for certain companies, with the goal of preventing the illicit use of anonymous shell companies for financial crimes....more

Cozen O'Connor

Texas AG Warns Governmental Entities Not to Contract with Prohibited Companies

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Texas AG Ken Paxton issued an advisory letter regarding state laws prohibiting governmental entities from contracting with businesses that boycott energy companies, discriminate against firearm entities or associations, or...more

DRI

[Event] Civil Rights and Governmental Tort Liability Seminar - January 17th - 19th, Phoenix, AZ

DRI on

​​​​​​​DRI is proud to announce the 37th annual Civil Rights and Governmental Tort Liability Seminar in Phoenix, AZ! This seminar will provide you with invaluable information and tools to represent your governmental clients....more

The Volkov Law Group

Lessons Learned from the Albemarle FCPA Enforcement Action: Mind Your Third Parties (Part III of III)

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The Albemarle FCPA enforcement action was announced at a good time.  This year has been a slow year for DOJ’s FCPA enforcement program, although there are several months before the end of the year. The SEC, on the other hand,...more

The Volkov Law Group

Albemarle’s Reliance on Third-Parties to Execute Bribery Schemes (Part II of III)

The Volkov Law Group on

Albemarle’s bribery schemes look and sound like text-book examples of third-party agents being paid high commissions as a way to funnel bribery payments to foreign officials at state-owned oil refineries.  However, as usual,...more

Jones Day

Circuit Split Widens on Extent of Abrogation of Sovereign Immunity for Governmental Units in Bankruptcy Avoidance Litigation

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Bankruptcy trustees and chapter 11 debtors-in-possession ("DIPs") frequently seek to avoid fraudulent transfers and obligations under section 544(b) of the Bankruptcy Code and state fraudulent transfer or other applicable...more

Cadwalader, Wickersham & Taft LLP

Give Me Some Credit July 2023 - FFF Sovereign Immunity Series – Part XIII and Wrap-Up

We have come to the final installment of our FFF Sovereign Immunity Series, having covered the 48 other states previously (see the links to the full series here). In this article, we will look at sovereign immunity in...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Biden Administration Renews Focus on Disability Discrimination as ADA Turns 33

In a presidential proclamation on the 33rd anniversary of the Americans with Disabilities Act (ADA), President Biden stated that the landmark civil rights law “has had a profound impact,” but the United States has “much more...more

Husch Blackwell LLP

Texas Legislature Clarifies Public Information Act Requirements

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Effective September 1, 2023, Texas governmental entities have 30 days after the attorney general releases an opinion determining information is public and must be disclosed to release the information or notify the requestor...more

Holland & Knight LLP

U.S. Supreme Court Holds Tribal Sovereign Immunity Expressly Abrogated by U.S. Bankruptcy Code

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Section 106(a) of the U.S. Bankruptcy Code expressly abrogates the sovereign immunity of "governmental units" for purposes of certain bankruptcy-related litigation. A split of authority concerning whether that abrogation...more

Cadwalader, Wickersham & Taft LLP

Time for a Term Loan? March 2023: FFF Sovereign Immunity Series – Part VII

Today we return with our seventh installment in the FFF Sovereign Immunity Series, in which we break down sovereign immunity in New Mexico, New York, North Carolina, North Dakota and Ohio....more

Perkins Coie

Sector-Based Cybersecurity Requirements for Critical Infrastructure, From Our Water Systems to the Skies

Perkins Coie on

Following the release of President Biden’s National Cybersecurity Strategy, Acting National Cyber Director Kemba Walden explained that the Biden Administration is “expecting more” from owners and operators in critical...more

ArentFox Schiff

Ground Lease Risks in Municipal Bond Projects

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Ground lease structures have become a common feature of conduit financings in the municipal bond market. They provide tax advantages to projects and can be structured several different ways depending on the tax-exempt status...more

Patton Sullivan Brodehl LLP

Local Government Agencies Can Be “Alter Egos” Too

...Normally, a court will treat a business entity and its liabilities as separate and distinct from its owners. The alter ego doctrine allows the corporate veil to be pierced, and results in holding the owners liable for the...more

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