Public Entities

News & Analysis as of

Department of Industrial Relation’s New Registration Program for Public Works Projects - Construction Practice Newsletter

This past year, Governor Jerry Brown signed into law Senate Bill 854 which went to effect immediately. The bill requires that public works contractors register through the California Department of Industrial Relations...more

Texas Supreme Court Argument Preview - 3/15

On Wednesday, March 25, 2015, the Supreme Court of Texas will hear argument in two cases. No. 13-0745, Greater Houston Partnership v. Paxton - This dispute arises from a request for the records of the Greater Houston...more

Construction Case Law Update - March 2015

Racial discrimination; City Contracting Ordinances; Federal Affirmative Action Compliance in Contracting – Plaintiff-contractor sued the City of Jacksonville, alleging racial discrimination against him and other...more

Water District Not Liable In Inverse Condemnation When Water Pipe Breaks and Damages Property

California’s infrastructure is aging. There have been numerous reports of water line breaks and gas line leaks, and public agencies have been moving quickly to upgrade their utilities to minimize these risks and satisfy...more

GAO Puts Cybersecurity and Privacy High Atop High Risk List

Agency Assessment Comes as President Signs Executive Order Increasing Cyber Sharing with the Private Sector Late last year, this post speculated whether 2015 would become “the Year of Cybersecurity.” Though 2015 is still...more

Drone on Drones: FAA’s Proposed Rules Would Allow for Expanded Use

The FAA unveiled its proposed rules for unmanned aerial vehicles earlier this week, beginning a process that could eventually allow for thousands of businesses to fly drones. At the same time, the White House issued a...more

Pass it On: New Executive Order Pushes Greater Sharing of Cyber-Threat Information

The federal government continues to steadily ratchet up its focus on cybersecurity. On February 13, 2015, President Obama signed an Executive Order to improve real-time sharing of cyber-threat information between government,...more

Justice Department Settles Sexual Harassment and Retaliation Suit Against the State of Maryland, Queen Anne’s County, and the...

WASHINGTON - The Justice Department announced today that it has entered into a consent decree with the state of Maryland and the Queen Anne's County Sheriff. If approved by the court, the settlement will resolve Murphy-Taylor...more

Public Entity May Seek to Recover All Proceeds Derived From a Tainted Contract

Private contractors who provide financial benefits to government employees of agencies with whom they contract will face forfeiture of all proceeds and profits derived from such tainted contracts, an appellate court recently...more

California Joins Whistleblower Lawsuit Against BP

The state of California jumped aboard a whistleblower lawsuit in progress against BP Plc, alleging that BP had overcharged the state by up to approximately $300 million for nearly a decade for natural gas. The plaintiffs in...more

NJIT And American Aerospace: A COA Case Study

The FAA Modernization and Reform Act of 2012, Section 334, requires the FAA to set up a system that allows public entities to operate unmanned aerial systems (UAS). This has opened up the use of UAS to public organizations,...more

Florida Appellate Court: Open Meetings Law Applies to Collective Bargaining

In a crucial victory for transparency, a Florida state appeals court ruled that the state's open meetings law will not "condone hiding behind federal mediation" when municipal governments try "to thwart the requirements of...more

P3 Hub South Live Blogging – Join the Conversation

Bilzin Sumberg, in partnership with P3 Bulletin, is proud to host P3 Hub South, a two-day conference bringing together top national and international players in the public sector, including U.S. government agency officials,...more

Defining the “Larger Parcel” in Eminent Domain & Inverse Condemnation Actions

When a public agency acquires a portion of property, under California law the property owner is entitled to “severance damages” — or damages to the remainder portion of the property that was not acquired. Usually,...more

Illinois Supreme Court Debates Self-Critical Analysis Privilege

Last week, the Illinois Supreme Court heard argument in a case being closely watched by the civil defense bar: Harris v. One Hope United, Inc. Harris poses a simple question: does Illinois recognize the self-critical...more

Public Entities Can Inadvertently Waive Privilege in Response to a Public Records Act Request

California’s Public Records Act (PRA) law requires public entities to make their public records open for inspection and copying. Environmental practitioners often use PRA requests as a tool to obtain information regarding a...more

Sometimes it Depends on “Whose” Hand is in the Cookie Jar

In a lengthy and somewhat detailed decision, the California Court of Appeal for First District, in Pittsburg Unified School District v. S.J. Amoroso Construction Company, Inc., Case No. A138825 (December 22, 2014), held that...more

FinCEN Highlights Information Sharing Program Among Regulatory, Law Enforcement Agencies

On January 6, FinCEN released a fact sheet highlighting its Section 314(a) Program of the USA PATRIOT Act. Under the Section 314(a) Program, federal, state, local and foreign law enforcement are able to contact, through...more

School District Advisory: The Pure and Simple Truth - The Truth is Rarely Plain and Never Simple

In the recent case of J.P. v. Carlsbad Unified School District, the California Court of Appeal barred a public entity from enforcing the six-month government tort claim requirement when it prevents the claimant from filing a...more

Are You Complying? New 2015 Laws Affecting Public Agencies

Community leaders need to be attentive to the new laws that will take effect in 2015 that deal with issues specifically relating to cities, special districts and other public agencies. These new laws cover everything from...more

Availability Payment or Toll Concession: Is there a hybrid approach?

At the TRB P3 Subcommittee meeting on January 12, 2015, among the topics discussed is the growth in the U.S. P3 market of the availability payment approach and less use of toll concessions. Availability payment contracts...more

Virginia Supreme Court Opinions Affecting Local Government Law: January 8, 2015

Happy New Year! The Virginia Supreme Court issued opinions yesterday, its first term for 2015. This term resulted in cases which, in various ways, deal with the authority of government entities (Workers Compensation...more

City of Chicago Expands “Ban the Box” Law to Smaller Employers and City Agencies

Effective January 1, 2015, the City of Chicago expanded the coverage of Illinois’s “ban the box” law within city limits. The amended Human Rights Ordinance, Section 2-160-010 of the Municipal Code of Chicago, effectively...more

FPPC Has Record Year for Enforcement Actions

Is compliance with state ethics laws, the Political Reform Act and Government Code section 1090, declining? Or, is the FPPC getting better at ferreting out violations and violators? These questions arise in the wake of the...more

Proxy Access Proposals: Recent Developments

Recently, New York City Comptroller Scott Stringer, who oversees five municipal public pension funds with $160 billion in assets, announced an initiative to give shareholders who meet specified criteria the right to nominate...more

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