Public Entities

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Tales From The Green Room: My FOIA Book, My Television Interview and Why Public Agencies Should Care

On June 7th, 2014, I had the good fortune of being the guest on Focus on Connecticut, which is a weekly, half-hour public affairs show on “News 12 Connecticut.” The show is hosted by Tom Appleby, a veteran news journalist in...more

South Carolina Supreme Court Rules in FOIA Case - Public Policy & Governmental Affairs Alert

The South Carolina Supreme Court recently issued an opinion in Lambries v Saluda County Council. The high court ruled that nothing in the Freedom of Information Act prohibits a public body from adding an agenda item(s)...more

Supreme Court Asked If State Universities Are Exempt From Claims Under the False Claims Act

A professor at the University of Texas Health Science Center has petitioned the U.S. Supreme Court to determine the standard for imposing liability on state universities (and their related entities, such as hospitals and...more

Update on Recent FOIA and OMA Illinois Supreme Court and Attorney General Opinions

- The Illinois Supreme Court rules state's attorneys are subject to the Freedom of Information Act. - The Illinois attorney general rules that: (i) the Open Meetings Act requires public bodies to recite the key terms of...more

Rochester, New York Joins The "Ban-the-Box Movement"

On May 22, 2014, the City of Rochester became the second city in New York to “ban the box,” by adopting legislation restricting the timing of pre-employment inquiries by most Rochester public and private employers into a...more

Iowa Case Highlights Often Overlooked Risk of Releasing Personal Emails in Public Records Requests

As a frequent advisor to school districts on freedom of information requests, the question I face most often is how a public body can protect a sensitive document from release. ...more

Threshold For Prevailing Wage Work For New Jersey Municipalities To Increase July 1, 2014

The state prevailing wage threshold for total work done for a municipality or on property or premises owned by a municipality will increase from $14,187 to $15,444 beginning July 1, 2014. ...more

Second Illinois Appellate Court Clarifies When Fee Provisions In Other Statutes Trump The FOIA’s Fee Provisions

Readers of our FR Alerts may recall that in late 2012, the Fifth District of the Illinois Appellate Court clarified the narrow circumstances in which a public body may charge fees greater than those in the Freedom of...more

Increasing Focus on Expansion of Audit Committee’s Report

Recommendations that audit committees provide more robust discussions in their reports that are included by public companies in their proxy statements are getting more attention. The Audit Committee Collaboration’s report,...more

Potential Bid Protest Dangers: When the Agency Produces Documents Early

To paraphrase Virgil, beware of agency counsel bearing gifts. Under the U.S. Government Accountability Office’s (GAO) bid protest rules, an agency is required to produce a report within 30 days of a protest that includes a...more

Michigan Affirmative Action Ban Upheld By U.S. Supreme Court

Michigan’s affirmative action ban, a Constitutional amendment enacted through referendum during the 2006 election cycle, was upheld by the U.S. Supreme Court on Tuesday. The decision means that public entities, including...more

FASB Revised Guidance Will Decrease Discontinued Operations Treatment

The FASB recently issued an Accounting Standards Update that should reduce reporting of discontinued operations (disc ops) in some circumstances. The revised standard provides that only the disposal of a part of an entity...more

U.S. Supreme Court Rules That Employees Of Private Contractors Of Public Companies Are Covered By SOX Whistleblower Protections

In Lawson v. FMR, LLC, the U.S. Supreme Court held that the whistleblower protections established in the Sarbanes-Oxley Act of 2002 (SOX) cover employees of a public company's private contractors and subcontractors, reversing...more

Public Entity Liability for Dangerous Conditions on Public Property

Woodland Hills personal injury attorney, Barry P. Goldberg, is cautious about suing public entities because liability is statutory and can be difficult establish. However, in the right case, with the right experts, an...more

Bill Introduced To Bar New Jersey Public Entities From Entering Into Confidential Settlement Agreements

On November 26, 2013, the Assembly introduced a bill (A4498) to prohibit confidentiality in any agreement to settle a claim or action in which a public entity or public employee (in his or her capacity as a public employee)...more

Further legislation regarding termination and renewal of lease agreements by Italian public entities

In December 2013, law decree No. 151 of 30 December 2013 ("Decree No. 151") introduced further changes regarding the right of certain Italian public entity tenants to terminate and renew their real estate...more

New Laws Affecting Public Agencies in California

A Recap of BB&K Legal Alerts & Articles - During the 2013 legislative session, Gov. Brown signed into law new legislation affecting California public agencies, most of which will go into effect in less than six weeks....more

Weekly Law Resume - October 2013: Torts – Public Entities - Immunity For Natural Conditions

Meddock v. County of Yolo - California Third District Court of Appeal (October 4, 2013 - There are certain sections of the Government Code that provide immunities to public entities as a matter of public policy....more

Public Entities' Discretion in Approving Construction Designs Strengthened - Recent Decision Rejects Adding Requirements for...

The California Court of Appeal recently held that one of the three elements needed to establish the design immunity defense -- discretionary approval -- may be established either by evidence of appropriate discretionary...more

Weekly Law Resume - April 19, 2013: It’s All In the Complaint: Triggering Equitable Indemnity Rights Against Public Entities

Centex Homes, et al. v. The Superior Court of San Diego County Court of Appeal, Fourth District (March 25, 2013) Government Code section 901 provides that a cause of action for equitable indemnity or partial...more

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