Nossaman LLP

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777 South Figueroa Street
34th Floor
Los Angeles, CA 90017, United States
Phone: 213.612.7800
Fax: 213.612.7801
Areas Of Practice
  • Administrative Law
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Bankruptcy
  • Business Organizations
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Construction Law
  • Debtor/Creditor
  • Elections & Politics
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Privacy
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Transportation
  • Zoning, Planning & Land Use
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Locations
Other U.S. Locations
  • Arizona
  • California
  • D.C.
  • Texas
  • Washington
Number of Attorneys
100+ Attorneys

Podcast: The Rights of Land Owners Impacted by Easements

In this episode of Digging Into Land Use Law, Nossaman Real Estate partners Simon Adams and Karla MacCary get down and dirty and into the weeds of the rights of land owners that are impacted by easements. It can be important to…more

Easements, Land Developers, Land Owners, Property Valuation

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A Review of the OMB Guidelines Issued to Federal Agencies for Reporting Requirements to Congress That Redefined What Constitutes a “Major” Cybersecurity Incident

With the growing threat of cyberattacks, we thought it would be worthwhile to discuss a late 2016 change in reporting requirements for federal agencies that have suffered a data breach. The Office of Management and Budget’s…more

Cybersecurity, Data Breach, Federal Information Security Modernization Act (FISMA), Foreign Relations, Government Agencies

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New Infrastructure Bill Expands TIFIA Program

Late last Friday on November 5th, the U.S. House of Representatives passed the $1.2 trillion bipartisan infrastructure bill, the Infrastructure Investment and Jobs Act or IIJA, which President Biden intends to sign on Monday,…more

Airports, Federal Funding, Habitat Conservation Plan, Infrastructure, Public Transit

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U.S. Fish and Wildlife Service Updates Permitting Regulations

Tomorrow, the U.S. Fish and Wildlife Service (Service) will publish its final rule updating regulations implementing section 10 of the Endangered Species Act (Section 10), which addresses the agency’s issuance of incidental take…more

Conservation, Critical Habitat, Endangered Species, Endangered Species Act (ESA), Environmental Policies

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Arizona Court of Appeals Holds Severance Damages Unavailable for Homeowners Whose Easements were Extinguished in Eminent Domain

The Arizona Court of Appeals recently held that members of a homeowners’ association are not entitled to severance damages to their residential parcels when common areas are condemned…more

Appeals, Common Areas, Condemnation, Easements, Eminent Domain

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Podcast: Why Pension Systems May Find New Opportunities in P3 Infrastructure Investments

Infrastructure investment, whether through direct investments in specific projects or through commingled funds, is an attractive asset class for public pension systems and other institutional investors. In this episode of Public…more

Biden Administration, Canada, Infrastructure, Institutional Investors, Investment Opportunities

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Hold the Pickle—and the Meal Break: California Supreme Court Holds That Healthcare Workers May Voluntarily Waive Second Meal Period Even When Shifts Last More Than 12 Hours

In a decision that facilitates flexible staffing practices for healthcare employers, the California Supreme Court recently held that healthcare workers can legally waive a second meal period when they work shifts longer than 12…more

CA Supreme Court, Employer Liability Issues, Employment Policies, Healthcare, Labor Code

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[Webinar] Nossaman 2018 Water Webinar Series - December 11th, 1:00pm PT

Join Nossaman attorneys Corey Boock and Elizabeth Cousins, along with guest speaker, Jason Garside, Program Management Delivery Lead of Carollo Engineers, Inc., on December 11th for the next installment of our 2018 Water Webinar…more

Continuing Legal Education, State Water Project, Water, Water Projects, Webinars

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[Webinar] Employment & Employee Benefits Law Update: Staying Compliant in 2024 - November 16th, 1:00 pm - 2:30 pm PT

Join us on November 16, 2023, as Nossaman’s Allison Callaghan, Pavneet Singh Mac, Michelle McCarthy and Julia Botezatu discuss new California employment and employee benefits laws and regulations, as well as recent case law…more

Arbitration, Bereavement Leave, Best Practices, Business Expenses, California

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U.S. Department of Transportation Announces Funding Opportunity for Public Agencies to Improve P3 Capacity and Expertise

The U.S. Department of Transportation (USDOT) recently announced a long-awaited Notice of Funding Opportunity (NOFO) for public agencies to enhance technical capacity to deliver projects using a public-private partnership (P3)…more

Construction Project, Department of Transportation (DOT), Financing, Grants, Infrastructure

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NEPA Rules Rewrite: Flexibility for Federal Agencies

This is the second in a series of eAlerts on proposed revisions to regulations implementing the National Environmental Policy Act (NEPA) issued by the Council on Environmental Quality (CEQ). This Notice of Proposed Rulemaking…more

Biden Administration, CEQ, Environmental Policies, NEPA, NPRM

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What Constitutes a “Larger Parcel?”

In California, a fundamental principle of eminent domain law is that an owner of property acquired by eminent domain is entitled to just compensation for the property interests taken (Code Civ. Proc. §1263.010)…more

Eminent Domain, Just Compensation, Land Parcels, Property Owners, Public Projects

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State Inverse Condemnation Remedy Sufficient To Vindicate Constitutional Rights

Dodge, duck, dip, dive, and… dodge.  An interesting case from the United States Supreme Court yesterday.  Interesting because of what it says, and interesting because of what it very explicitly declined to say…more

Constitutional Challenges, DeVillier v Texas, Fifth Amendment, Land Owners, SCOTUS

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[Webinar] Employment & Employee Benefits Law Update: Staying Compliant in 2024 - November 16th, 1:00 pm - 2:30 pm PT

Join us on November 16, 2023, as Nossaman’s Allison Callaghan, Pavneet Singh Mac, Michelle McCarthy and Julia Botezatu discuss new California employment and employee benefits laws and regulations, as well as recent case law…more

Arbitration, Bereavement Leave, Best Practices, Business Expenses, California

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Major Changes Coming for the Davis-Bacon Act

Federal prevailing wage law, known as the Davis-Bacon Act and Related Acts (Davis-Bacon Act), is applicable to almost every federal and federal-aid project.  The rules governing the Davis-Bacon Act have been essentially…more

Construction Workers, Davis-Bacon Act, Department of Labor (DOL), Employer Liability Issues, Federal Contractors

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White House Officials Want State Water/Wastewater Cybersecurity Plans Soon

In response to “multiple” cyber threat vectors, the Biden administration has asked governors of all 50 states to generate cybersecurity plans within 90 days (approximately July 1, 2024) to protect local water and wastewater…more

Biden Administration, Cyber Threats, Cybersecurity, Cybersecurity Framework, Data Protection

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SEC Adopts New Rules to Better Protect Institutional Investors in Private Funds

On August 23, 2023, the U.S. Securities and Exchange Commission (SEC) voted 3-2 to approve 660 pages of new rules and amendments modifying the Investment Advisers Act of 1940 (Advisers Act). The new rules represent some of the…more

Institutional Investment, Institutional Investors, Investment Advisers Act of 1940, New Regulations, Private Funds

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Podcast: A Discussion with John Puente, Former Chief Legal Counsel of the Department of Health Care Services

The California Department of Health Care Services (DHCS) funds healthcare services for more than 15.4 million Medi-Cal beneficiaries. About one-third of Californians receive health care services financed or organized by DHCS,…more

Electronic Medical Records, Governance Standards, Health Care Providers, Hospitals, Medi-Cal

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[Webinar] Dirt in the Ditches: A Practical Look at How the Sackett Decision Affects WOTUS Permitting Nationwide - March 26th, 12:00 pm - 1:30 pm PT

In January 2023, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers (Agencies) adopted a final rule altering the definition of "waters of the United States" (WOTUS), a key term that is referred to but…more

Clean Water Act, Environmental Protection Agency (EPA), Permits, Sackett v EPA, US Army Corps of Engineers

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How to Protect Your Liquor License from California’s New “Watchdog” Reporting Portal

As if the coronavirus pandemic wasn't already bad enough for business, California liquor license holders now have to contend with a new anonymous reporting portal that connects concerned citizens directly with the Department of…more

Alcohol Beverage Control, Licenses, Liquor Licences, Wine & Alcohol

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[Webinar] Infra Insight: Exploring International Trends in P3 Delivery - November 8th, 1:00 pm - 2:30 pm PT

On November 8, 2023, we will be hosting the first presentation in our Infra Insight webinar series, “Exploring International Trends in P3 Delivery.” P3s have played a significant role in large-scale infrastructure project…more

Australia, Canada, Continuing Legal Education, Infrastructure, Private Sector

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Toll Road Use on the Rise

Drivers in the U.S. are seeing the benefits of toll roads, according to a new report published by the International Bridge, Tunnel and Turnpike Association (IBTTA). The 2015 Report on Tolling in the United States (June 30,…more

Federal Highway Administration, Infrastructure, Roads, Tolls, Transportation Corridor

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Is It the End of Yaqub for Hearing Officer Selection?

For more than 15 years, the process of selecting a hearing officer for a medical staff peer review proceeding has been strongly influenced by the decision in Yaqub v. Salinas Valley Memorial Healthcare System 122 Cal. App. 4th…more

Administrative Hearings, Bias, Due Process, Health Care Providers, Hospitals

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[Webinar] A Path to Transit and Transportation Project Success in the Wake of the Pandemic: A Panel Discussion Among Legal Professionals - June 3rd, 11:00 am - 12:00 pm PT

Please join our interdisciplinary panel of infrastructure, environmental, real estate and eminent domain attorneys for a discussion on planning, procurement and financing strategies that can be implemented now to support timely…more

Business Strategies, CEQA, Construction Industry, Continuing Legal Education, Coronavirus/COVID-19

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Austin Voters Approve Tax Measure to Help Fund $7.1B Project Connect Plan

On November 3rd, Austin voters approved a property tax increase to help fund the $7.1 billion Project Connect mass transit project. The initial investment, which is a portion of the “Project Connect System Plan,” includes 27…more

Infrastructure, Property Tax, Public Transit

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U.S. Fish and Wildlife Service Establishes Expedited Eagle Permits

On February 12, 2024, the U.S. Fish and Wildlife Service (Service) published a final rule creating new permitting pathways and revising existing regulations for the take of bald eagles (Haliaeetus leucocephalus) and golden…more

Bald and Golden Eagle Protection Act, Conservation, Endangered Species, Environmental Policies, General Permit

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Challenges to EPA’s Water Facility Cybersecurity Mandates Successful

Despite efforts to stem increasing cyber threats to water systems around the nation, on October 13, 2023, the United States Environmental Protection Agency (EPA) withdrew cybersecurity mandates put in place by the Biden…more

Biden Administration, Cybersecurity, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA)

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Critical Infrastructure Operators Take Note: Biden Administration to Unveil New Cybersecurity Regulations

While acknowledging that voluntary approaches to cybersecurity compliance have produced some important improvements, the Biden administration says those improvements have been mostly incomplete and inadequate, particularly in…more

Biden Administration, Critical Infrastructure Sectors, Cyber Attacks, Cybersecurity

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California Privacy Protection Agency to Begin Enforcement Activities

After a successful appeal of a June ruling, the California Privacy Protection Agency (CPPA) is authorized to begin immediate enforcement of privacy regulations developed, and expanded, under the California Privacy Rights Act of…more

California, California Privacy Protection Agency (CPPA), California Privacy Rights Act (CPRA), Consumer Privacy Rights, Cybersecurity

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California Supreme Court Grants Review of First Post-Alameda Decision on Compensation Earnable Restrictions — Amicus Curiae Briefs Due August 2024

In surprising news for the California county retirement system community, on April 17, 2024, the California Supreme Court granted review of Ventura County Employees’ Retirement Ass’n v. Criminal Justice Attorney’s Ass’n of…more

Employee Benefits, Public Retirement Boards, Retirement, Retirement Plan, State-Sponsored Retirement Plans

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[Webinar] Eminent Domain Case Law Update - March 7th, 11:00 am - 12:00 pm PT

Please join us on March 7, 2024 for a webinar recapping eminent domain and real property cases from the last year. Bernadette Duran-Brown and Steve Silva will provide a comprehensive overview and delve into key decisions from…more

Eminent Domain, Property Owners, State and Local Government, Statutory Interpretation, Webinars

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Get Ready to Pay More for Recording a Document in California

For several years, we have been describing the (increasingly successful) efforts by California state and local government agencies to increase their tax take through new and expanded fees and taxes on real estate transactions…more

Financial Instruments, Real Estate Market, Real Estate Transactions, Recording Fees, Recording Requirements

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California Expands Pay to Play to Cover Local Elected Officials

Earlier this year California expanded its “pay-to-play” restrictions to members of local elected agencies, including city councils and boards of supervisors, and extended from three to 12 months the length of a ban on…more

California, Governor Newsom, Pay-To-Play, State and Local Government

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Interior Issues New NRDAR Type A Rule for Comment

On January 5, 2024, the Department of the Interior (Interior) will issue a notice of a proposed rulemaking (NPRM) to provide the first significant revisions to its natural resource damage assessment and restoration (NRDAR)…more

Comment Period, Department of the Interior, Environmental Policies, Hazardous Substances, Natural Resources

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[Event] 2019 California Coastal Law Conference - September 10th, Huntington Beach, CA

Nossaman LLP invites you to join us for the 4th California Coastal Law Conference at SeaCliff Country Club in Huntington Beach on September 10th!  This in-depth seminar will feature officials from the California Coastal…more

Affordable Housing, Building Permits, California Coastal Commission, Coastal Real Estate, Continuing Legal Education

See all updates »

[Webinar] Groundwater Adjudications and Alternatives to Comprehensive Adjudication - June 7th, 1:00pm PT

Join Nossaman attorneys on June 7th for a discussion of groundwater adjudications and litigation alternatives in the era of the Sustainable Groundwater Management Act (“SGMA”). This webinar, for CLE credit*, will explain…more

Adjudicatory Process, Continuing Legal Education, Groundwater, Groundwater Management Plan, Sustainable Groundwater Management Act (SGMA)

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Colorado’s Peer Review Privilege In Peril

The confidentiality of medical staff peer review has long been a cornerstone of hospital operations, fostering an environment where physicians can candidly evaluate medical care without the looming specter of malpractice…more

Ballot Measures, Confidential Information, Health Care Providers, Healthcare, Hospitals

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Executive Order That Seeks to Undo Obama Administration's "Waters of the United States" Rule Has More Limited Immediate Impacts

Debate and uncertainty regarding the extent of federal jurisdiction under the Clean Water Act will continue under the Executive Order. On February 28, 2017, President Trump issued an Executive Order entitled “Restoring the…more

Clean Water Act, Deregulation, Environmental Protection Agency (EPA), Executive Orders, Navigable Waters

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What the FFCRA, CARES Act, California’s Shelter-in-Place Orders and Other Relief Measures Mean for California Employers [Updates]

Latest update on 09.21.2021 Emergency declarations – including a California state-wide stay at home order – and a variety of executive and health orders issued from federal, state, county, and city authorities in response to…more

Business Closures, Coronavirus/COVID-19, Critical Infrastructure Sectors, EFMLA, EPSLA

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On-Demand Webinar | Partial Acquisitions: A Case Study on Severance Damages, Offsetting Project Benefits and Mitigation Strategies

Most professionals in the right-of-way industry are generally aware that partial acquisitions may entitle a property owner to receive compensation not only for the value of the land taken, but also for any damages caused to the…more

Construction Project, Design-Build, Easements, Eminent Domain, Engineering

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Court Upholds Service’s Southwestern Willow Flycatcher Listing Decision

On February 28, 2024, the U.S. District Court for the District of Columbia upheld the U.S. Fish and Wildlife Service’s (Service) denial of a petition filed by the New Mexico Cattle Growers’ Association (Cattle Growers) urging…more

Administrative Procedure Act, Climate Change, Endangered Species, Endangered Species Act (ESA), ESA Listings

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The CASE Webtool: FHWA’s Powerful Tool to Help Owners Evaluate Project Delivery Methods

When an infrastructure project takes the first steps from vague idea towards becoming a reality, public owners must make countless decisions on how to advance the project. One decision of particular importance is the selection…more

Construction Project, Federal Highway Administration, Infrastructure, Project Delivery Methods, Public Projects

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Podcast: Market Rent Adjustment Provisions in Long-Term Ground Leases

In this episode of Digging Into Land Use Law, Nossaman Real Estate Group Co-Chair David Graeler and associate Maya Hamouie discuss myriad problems that may arise when a market rent adjustment provision in a long-term ground…more

Appraisal, Arbitration, Commercial Leases, Commercial Property Owners, Commercial Real Estate Market

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California Releases Annual Report of Localities Subject to SB 35’s Housing Streamlining Provisions

During the summer of 2023, the California Department of Housing and Community Development (HCD) released its updated Statewide Determination Summary for Senate Bill (SB) 35. In its report, HCD determined only 7% of California…more

Affordable Housing, Annual Reports, California, CEQA, Community Development

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What the FFCRA, CARES Act, California’s Shelter-in-Place Orders and Other Relief Measures Mean for California Employers [Updates]

Latest update on 09.21.2021 Emergency declarations – including a California state-wide stay at home order – and a variety of executive and health orders issued from federal, state, county, and city authorities in response to…more

Business Closures, Coronavirus/COVID-19, Critical Infrastructure Sectors, EFMLA, EPSLA

See all updates »

Deadline Approaching for California Hospitals to Meet Seismic Requirements

On January 17, 1994, a 6.7 magnitude earthquake struck Northridge, California, resulting in thousands of casualties and approximately $60 billion in damages and economic loss. Hospitals within the impacted area suffered severe…more

Acute Facilities, Building Codes, California, Commercial Real Estate Market, Deadlines

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EPA’s Enforcement Discretion and Settlement Policy for its PFAS CERCLA Rule | Part II: A Salve or Hot Air?

PART II - As detailed in Part 1 of this eAlert, on April 19, 2024, the U.S. Environmental Protection Agency (EPA) announced its final rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), as…more

CERCLA, Contamination, Discharge of Pollutants, Drinking Water, Environmental Policies

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Limits Raised on Political Contributions & Gifts to CA Officials & Candidates

On November 19, 2020, California’s Fair Political Practices Commission (FPPC) increased the dollar amounts allowed for contributions and gifts to California candidates and elected officials. The new limits will go into effect on…more

Political Campaigns, Political Candidates, Political Contributions

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Supreme Court Agrees to Address Uncertainty About Trademark Licenses in Bankruptcy Cases

Pursuant to 11 U.S.C. § 365, a debtor or bankruptcy trustee has the option, subject to court approval, of electing one of the following three alternatives with respect to an executory contract..…more

Commercial Bankruptcy, Executory Contracts, Intellectual Property Protection, License Agreements, Petition for Writ of Certiorari

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[Webinar] Cybersecurity Threats Facing Water Utilities and the Steps You Should Take to Mitigate Risk - October 12th, 10:00am PT

Join Nossaman attorneys for a webinar to discuss evolving cybersecurity threats facing water utilities. Cybersecurity is one of the top threats faced by all businesses in the United States, but water utilities sit in a unique…more

Continuing Legal Education, Cybersecurity, Risk Management, Utilities Sector, Water Districts

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[Webinar] Dirt in the Ditches: A Practical Look at How the Sackett Decision Affects WOTUS Permitting Nationwide - March 26th, 12:00 pm - 1:30 pm PT

In January 2023, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers (Agencies) adopted a final rule altering the definition of "waters of the United States" (WOTUS), a key term that is referred to but…more

Clean Water Act, Environmental Protection Agency (EPA), Permits, Sackett v EPA, US Army Corps of Engineers

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No Exception for the Masses: Update on the Corporate Transparency Act

As many of you may have seen in the news, on March 1, 2024, a federal district court in Alabama found the Corporate Transparency Act (CTA) unconstitutional. The suit, National Small Business United v. Yellen (National Small…more

Anti-Corruption, Anti-Money Laundering, Beneficial Owner, Congressional Authority, Constitutional Challenges

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[Event] 2019 California Coastal Law Conference - September 10th, Huntington Beach, CA

Nossaman LLP invites you to join us for the 4th California Coastal Law Conference at SeaCliff Country Club in Huntington Beach on September 10th!  This in-depth seminar will feature officials from the California Coastal…more

Affordable Housing, Building Permits, California Coastal Commission, Coastal Real Estate, Continuing Legal Education

See all updates »

Felony Forfeitures Statutes Tested Again: A Tale of Two States’ Pension Reform Statutes–One Forfeiture Survives and One Does Not

The constitutionality of California’s felony forfeiture statute, as applied by the Board of Administration of the California Public Employees’ Retirement System (CalPERS), survived yet another challenge in September 2023, after…more

CalPERS, Criminal Prosecution, Employee Benefits, Felonies, Fiduciary Duty

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The Case for Adequate Public Transportation Funding During the COVID-19 Pandemic

In his Infra Insight Blog post on April 9, Frank Liu reported on the uncertain status of the long awaited federal infrastructure bill…more

CARES Act, Coronavirus/COVID-19, Federal Funding, Infrastructure, Legislative Agendas

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Adapting to Climate Change, Inland

Managed retreat—the process of moving people and property away from the shoreline—is an unpopular but increasingly accepted response to rising sea-levels. In the inaugural issue of Nossaman’s California Water Views – 2023…more

Beachfront Properties, California Coastal Commission, Climate Change, Coastal Real Estate, Infrastructure

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Services Finalize Endangered Species Act Regulatory Revisions

On March 27, 2024, the U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS) (collectively, the Services) made available pre-publication versions of the agencies’ long-awaited updates to regulations…more

Conservation, Critical Habitat, Endangered Species, Endangered Species Act (ESA), Environmental Policies

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Financial Close for Denver International Airport’s Great Hall Project

On December 21, 2017, the City and County of Denver and Denver Great Hall LLC reached financial close on the $1.8 billion Jeppesen Terminal redevelopment project (Great Hall Project) at the Denver International Airport…more

Airlines, Airports, Aviation Industry, Infrastructure, Screening Procedures

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Los Angeles Office of Finance Clarifies Exemptions from “Mansion Tax”

The Los Angeles Office of Finance (Office of Finance) has released a new FAQ confirming that real property transfers that are exempt from the current City documentary transfer tax (to which the FAQ refers as the “Base Tax”) also…more

California, City of Los Angeles, Property Tax, Real Estate Transactions, Tax Code

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Podcast: Outliers and Oddities in Alternative Investment Documents

Institutional investors and other limited partners are often told they must accept certain terms and provisions in alternative investment fund documents because such terms “are market.” Who is responsible for creating these…more

Alternative Investment Funds, Institutional Investors, Investment Management, Limited Partnership Agreements, Side Letters

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Supreme Court Holds that Legislative Impact Fee Programs Can Constitute a Taking

Today, April 12, 2024, in Sheetz v. County of El Dorado, the U.S. Supreme Court unanimously overruled more than two decades of California precedent, holding that legislatively established development impact fee programs must…more

Building Permits, Constitutional Challenges, Construction Project, George Sheetz v County of El Dorado, Impact Fees

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The SEC Gets Hacked: What Now?

It was recently revealed that the Securities and Exchange Commission’s (“SEC”) EDGAR database, which is used by public companies to file official documents, was breached. According to the SEC, trading off of that hacked…more

Cyber Attacks, Cybersecurity, Data Breach, EDGAR, Filing Requirements

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Deadline Approaching for California Hospitals to Meet Seismic Requirements

On January 17, 1994, a 6.7 magnitude earthquake struck Northridge, California, resulting in thousands of casualties and approximately $60 billion in damages and economic loss. Hospitals within the impacted area suffered severe…more

Acute Facilities, Building Codes, California, Commercial Real Estate Market, Deadlines

See all updates »

What is the Difference Between Fee Simple, an Easement, Full Take, and Part Take?

When one hears “eminent domain” or “condemnation,” you might envision a governmental agency or utility coming in and acquiring the entirety of a piece of property and leaving nothing behind.  However, often times, condemnation…more

Condemnation, Easements, Fee Simple, Property Owners, Regulatory Takings

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Los Angeles Office of Finance Clarifies Exemptions from “Mansion Tax”

The Los Angeles Office of Finance (Office of Finance) has released a new FAQ confirming that real property transfers that are exempt from the current City documentary transfer tax (to which the FAQ refers as the “Base Tax”) also…more

California, City of Los Angeles, Property Tax, Real Estate Transactions, Tax Code

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FHWA Issues FONSI for MTA’s Central Business District Tolling Program

The first urban-core tolling program in the United States marked a major milestone. In late June, the Federal Highway Administration (FHWA) concluded its environmental assessment of the Metropolitan Transportation Authority’s…more

City of New York, Federal Highway Administration, Infrastructure, Roads, State and Local Government

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[Webinar] Employment & Employee Benefits Law Update: Staying Compliant in 2024 - November 16th, 1:00 pm - 2:30 pm PT

Join us on November 16, 2023, as Nossaman’s Allison Callaghan, Pavneet Singh Mac, Michelle McCarthy and Julia Botezatu discuss new California employment and employee benefits laws and regulations, as well as recent case law…more

Arbitration, Bereavement Leave, Best Practices, Business Expenses, California

See all updates »

[Event] Cybersecurity, Data Breach, and Privacy:A Dialogue on the Rising Risks and Evolving Legal Landscape - Oct. 12th, Los Angeles, CA

Nossaman LLP and University of California, Irvine School of Law invite you to join us for this complimentary half-day seminar on recent developments in the areas of cybersecurity, data breach, privacy, and their implications on…more

Cyber Attacks, Cyber Insurance, Cybersecurity, Data Breach, Data Protection

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Podcast: The Rights of Land Owners Impacted by Easements

In this episode of Digging Into Land Use Law, Nossaman Real Estate partners Simon Adams and Karla MacCary get down and dirty and into the weeds of the rights of land owners that are impacted by easements. It can be important to…more

Easements, Land Developers, Land Owners, Property Valuation

See all updates »

Adverse Possession Between Public Entities: a Loophole or a Pipedream

A question that arises with some frequency in our practice is whether a public entity can adversely possess a property interest against another public entity. The general rule of thumb is that a private entity cannot obtain an…more

Adverse Possession, California, Eminent Domain, Property Ownership, Public Entities

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Public Officials and Social Media Posts: U.S. Supreme Court Provides Guidance on First Amendment Compliance

In its recent opinions in Linke v. Freed and O’Connor-Ratcliff v. Garnier, the U.S. Supreme Court considered if and when public officials violate the First Amendment rights of members of the public by blocking them from the…more

California, Censorship, Constitutional Challenges, First Amendment, Free Speech

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What to Expect When Selling a Physician Practice

For various reasons, a medical group may decide that it is time to sell their practice. This could be due to reduced reimbursements, increased operational complexities or the desire to “cash out” and retire…more

Acquisition Agreements, Contract Negotiations, Corporate Sales Transactions, Health Care Providers, Hospitals

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Smoother Sailing for Eagles and Industry Ahead?

On September 30, 2022, the U.S. Fish and Wildlife Service (Service) published a proposed rule to amend its eagle permit regulations (Proposed Rule) administered in accordance with the Bald and Golden Eagle Protection Act…more

Bald and Golden Eagle Protection Act, Conservation, Critical Habitat, Endangered Species, Environmental Policies

See all updates »

Federal Contribution Limits Increased for 2021-2022 Election Cycle

The Federal Election Commission (FEC) recently announced increased federal contribution limits for the 2021-2022 election cycle. Certain federal contribution limits are indexed for inflation and adjustments are made in…more

Campaign Contributions, Contribution Limits, Federal Election Commission (FEC), Lobbyists, PACs

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[Webinar] Come Rain or Come Shine, Conservation is a California Way of Life - February 23rd, 1:00pm PST

Join Nossaman attorneys for a timely discussion of the impacts of record-setting winter storms on the statewide drought emergency and on the push to make conservation a “California Way of Life.” This webinar for CLE credit*…more

Continuing Legal Education, Drought, Emergency Management Plans, Storm Water, Water

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[Webinar] Employment & Employee Benefits Law Update: Staying Compliant in 2024 - November 16th, 1:00 pm - 2:30 pm PT

Join us on November 16, 2023, as Nossaman’s Allison Callaghan, Pavneet Singh Mac, Michelle McCarthy and Julia Botezatu discuss new California employment and employee benefits laws and regulations, as well as recent case law…more

Arbitration, Bereavement Leave, Best Practices, Business Expenses, California

See all updates »

White House Issues Dire Warning Regarding Drinking Water Supply and Wastewater System Cyberattacks

The Biden-Harris Administration is redoubling its efforts to improve cybersecurity for the nation’s water systems. In March, the EPA and the White House issued a dire warning to state governors alerting them of the need to…more

Biden Administration, Critical Infrastructure Sectors, Cyber Attacks, Cyber Threats, Cybersecurity

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[Webinar] Keeping Current on COVID-19 Challenges for the Water Industry - April 16th, 1:00 pm - 2:00 pm PT

Please join Nossaman's Water Industry Team on April 16, 2020 for “Keeping Current on COVID-19 Challenges for the Water Industry,” a special presentation as part of our 2020 Water Webinar Series. There is no question that the…more

Business Interruption, Business Operations, Continuing Legal Education, Coronavirus/COVID-19, Court Closures

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Reserving Goodwill Claims

In California, a business operating on real property being acquired, in whole or in part, for a public project may make a claim for loss of goodwill and be entitled to compensation if the business operator establishes the…more

Appraisal, Damages, Eminent Domain, Just Compensation, Loss of Goodwill

See all updates »

U.S. Fish and Wildlife Service Again Finds Listing of Joshua Trees Not Warranted

On March 9, the U.S. Fish and Wildlife Service (Service) issued its 12-month finding that listing Joshua trees (Yucca brevifolia and Y. jaegeriana) as endangered or threatened species under the Endangered Species Act (ESA) is…more

Endangered Species, Endangered Species Act (ESA), ESA Listings, US Fish and Wildlife Service

See all updates »

$65 Billion Investment in the Future of Broadband

The $1.2 trillion infrastructure bill that passed the Senate this week includes $65 billion to improve broadband infrastructure, middle mile infrastructure and broadband access by unserved and underserved communities…more

Broadband, Infrastructure, Telecommunications, Wireless Industry, Wireless Technology

See all updates »

U.S. Supreme Court Upholds Power of Elected Boards to Censure Their Own Members

After years of recriminations and acrimony between members of the Board of Trustees for the Houston Community College System (“System”), the Board censured one of its members for “reprehensible” conduct–including speech–“not in…more

Colleges, First Amendment, Free Speech, Retaliation, SCOTUS

See all updates »

Podcast: CERCLA at 40: The Monster That Often Eats the Village

Congress enacted the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known also as Superfund, in 1980 to address the horror of sites like Love Canal where discarded toxic chemicals began…more

Brownfield Properties, CERCLA, Contaminated Properties, Environmental Protection Agency (EPA), Hazardous Substances

See all updates »

EPA’s Enforcement Discretion and Settlement Policy for its PFAS CERCLA Rule | Part II: A Salve or Hot Air?

PART II - As detailed in Part 1 of this eAlert, on April 19, 2024, the U.S. Environmental Protection Agency (EPA) announced its final rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), as…more

CERCLA, Contamination, Discharge of Pollutants, Drinking Water, Environmental Policies

See all updates »

On-Demand Webinar | Taking the Plunge: Lessons Learned from Water System Consolidations

With a wide patchwork of water systems servicing residents across California, there have been ongoing efforts by the Legislature to encourage the consolidation of smaller water systems to take advantage of scale economies and…more

Drinking Water, Industry Consolidation, State Water Boards, State Water Project, Utilities Sector

See all updates »

Fish and Wildlife Service Increases Civil Penalties for Violations of Federal Wildlife Protection Laws

On February 2, 2024, the U.S. Fish and Wildlife Service (Service) published a final rule increasing civil monetary penalties for violations of several federal wildlife and natural resource protection laws (Final Rule).  The…more

Bald and Golden Eagle Protection Act, Civil Monetary Penalty, Critical Habitat, Endangered Species, Endangered Species Act (ESA)

See all updates »

OMB Issues Final BABA Guidance and USDOT Issues Final Public Interest Waiver

The federal government recently released long-awaited guidance regarding the Build America, Buy America (BABA) Act requirements included in the Infrastructure Investment and Jobs Act (P.L. 117-58; IIJA).  On August 14, 2023, the…more

Build America Investment Initiative, Buy America, Construction Project, Department of Transportation (DOT), Federal Contractors

See all updates »

Condemnation Actions Must Be Brought to Trial Within Five Years

Procedures governing eminent domain actions differ in some respects from other areas of law.  Notably, all issues, except the sole issue of compensation, are adjudicated by the court…more

Condemnation, Eminent Domain, Just Compensation, Property Owners, Property Valuation

See all updates »

SEC Adopts New Rules to Better Protect Institutional Investors in Private Funds

On August 23, 2023, the U.S. Securities and Exchange Commission (SEC) voted 3-2 to approve 660 pages of new rules and amendments modifying the Investment Advisers Act of 1940 (Advisers Act). The new rules represent some of the…more

Institutional Investment, Institutional Investors, Investment Advisers Act of 1940, New Regulations, Private Funds

See all updates »

Angels Flight to Re-Open through Los Angeles P3

The Angels Flight Railway Foundation, represented by Nossaman LLP and Shumaker Mallory LLP, reached a historic agreement with a team led by ACS Group and including Sener Engineering and Systems, to put the iconic Angels Flight…more

Infrastructure, Public Private Partnerships (P3s), Public Projects, Railways, Surface Transportation

See all updates »

On-Demand Webinar | Taking the Plunge: Lessons Learned from Water System Consolidations

With a wide patchwork of water systems servicing residents across California, there have been ongoing efforts by the Legislature to encourage the consolidation of smaller water systems to take advantage of scale economies and…more

Drinking Water, Industry Consolidation, State Water Boards, State Water Project, Utilities Sector

See all updates »

New Internet Communications Rules Issued in Time for 2024 Election

More than 15 years after the Federal Election Commission (FEC) issued its first Internet Communications regulations, and 11 years after the start of the current Internet Communications Disclaimer rulemaking, the FEC voted 5-0…more

Federal Election Commission (FEC), Political Campaigns, Political Candidates, Social Media

See all updates »

Understanding the Tax Implications of Eminent Domain Proceeds When Property is Condemned

One of the issues that comes up frequently in eminent domain is whether the proceeds a property or business owner will receive from the government is treated as ordinary income, capital gains or is exempt from federal and/or…more

Condemnation, Eminent Domain, Fair Market Value, Property Owners, Property Valuation

See all updates »

Podcast: Risk Management Lessons for Directors and Officers from Recent Bank Failures

The first half of 2023 has seen three bank failures, Silicon Valley Bank, Signature Bank and First Republic Bank. In 2008–the last time multiple FDIC-insured banks failed–the collapse of the economy and massive bank reform…more

Banking Crisis, Banking Sector, Banks, Board of Directors, CEOs

See all updates »

Spotlight on Lobbyist Employers: New California Reporting Requirements Begin October 2016

Continuing its efforts to increase transparency in the political process in California, the Fair Political Practices Commission (FPPC) adopted a new regulation in early 2016 that is aimed at shedding light on “shadow lobbying.” …more

Corporate Counsel, Fair Political Practices Commission (FPPC), Lobbying, Lobbyists, Political Campaigns

See all updates »

Keeping America’s Water Safe to Drink – EPA Announces PFAS MCL

On April 10, 2024, the U.S. Environmental Protection Agency (EPA) announced its final National Primary Drinking Water Regulation (NPDWR) for six per- and polyfluoroalkyl substances (PFAS). This regulation represents a key step…more

Biden Administration, Contamination, Discharge of Pollutants, Drinking Water, Environmental Policies

See all updates »

Supreme Court Holds that Legislative Impact Fee Programs Can Constitute a Taking

Today, April 12, 2024, in Sheetz v. County of El Dorado, the U.S. Supreme Court unanimously overruled more than two decades of California precedent, holding that legislatively established development impact fee programs must…more

Building Permits, Constitutional Challenges, Construction Project, George Sheetz v County of El Dorado, Impact Fees

See all updates »

[Webinar] Breaking the Bias: Conversations with Women Who Are Effecting Change - March 8th, 11:00 am - 12:00 pm PT

Nossaman’s Women’s Affinity Group is hosting a virtual panel discussion in celebration of International Women’s Day. We are bringing together a group of dynamic women to discuss this year’s theme for International Women’s Day,…more

Bias, Diversity, Gender Discrimination, Gender Equity, Sexual Stereotyping

See all updates »

White House Officials Want State Water/Wastewater Cybersecurity Plans Soon

In response to “multiple” cyber threat vectors, the Biden administration has asked governors of all 50 states to generate cybersecurity plans within 90 days (approximately July 1, 2024) to protect local water and wastewater…more

Biden Administration, Cyber Threats, Cybersecurity, Cybersecurity Framework, Data Protection

See all updates »

[Event] 2019 California Coastal Law Conference - September 10th, Huntington Beach, CA

Nossaman LLP invites you to join us for the 4th California Coastal Law Conference at SeaCliff Country Club in Huntington Beach on September 10th!  This in-depth seminar will feature officials from the California Coastal…more

Affordable Housing, Building Permits, California Coastal Commission, Coastal Real Estate, Continuing Legal Education

See all updates »

Essentially, Road Work Continues

In his Infra Insight Blog post on April 15, Fred Kessler reported on how the budgets for state departments of transportation, which rely heavily on federal and state fuel tax revenues, are suffering due to reduced traffic volume…more

Construction Project, Construction Workers, Coronavirus/COVID-19, Critical Infrastructure Sectors, Funding

See all updates »

Services Propose New Regulatory Revisions Under the Endangered Species Act

On June 22, 2023, the U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS) (collectively, the Services), issued three sets of proposed revisions to their Endangered Species Act (ESA) regulations…more

Comment Period, Conservation, Critical Habitat, Endangered Species, Endangered Species Act (ESA)

See all updates »

[Webinar] Buy America Implementation and Compliance (or How I Learned to Stop Worrying and Love the Build America Buy America Act) - March 19th, 11:00 am - 12:30 pm PT

Join us on March 19, 2024 for the next presentation in our Infra Insight webinar series focusing on the Build America Buy America Act. While the Build America Buy America Act aims to promote domestic manufacturing and support…more

Buy America, Federal Contractors, Infrastructure, Manufacturers, Project Management

See all updates »

No Exception for the Masses: Update on the Corporate Transparency Act

As many of you may have seen in the news, on March 1, 2024, a federal district court in Alabama found the Corporate Transparency Act (CTA) unconstitutional. The suit, National Small Business United v. Yellen (National Small…more

Anti-Corruption, Anti-Money Laundering, Beneficial Owner, Congressional Authority, Constitutional Challenges

See all updates »

On-Demand Webinar | Protecting Information in a Work-From-Home World

Each month, Nossaman's complimentary Employment BUZZ webinar series covers a different topic of interest to employers, including tax, insurance, intellectual property and employment issues. These "quick hit" 30-minute programs…more

Best Practices, Data Privacy, Data Protection, Data Security, Employment Policies

See all updates »

[Webinar] Show Me the Money: How the Infrastructure Investment and Jobs Act Will Benefit Public Projects - February 24th, 11:00 am - 12:00 pm PT

The Infrastructure Investment and Jobs Act, hailed by the White House as a “once-in-a-generation investment in our nation’s infrastructure and competitiveness,” became law on November 15, 2021. This new $1.2 trillion policy…more

Bridges, Broadband, Continuing Legal Education, Energy Sector, Funding

See all updates »

Key Considerations for Zero-Emission Vehicles and Charging Infrastructure in California

California is at the forefront of adopting a more sustainable transportation system, with a strong commitment to reducing greenhouse gas emissions and improving air quality. A critical aspect of this effort is the widespread…more

Air Pollution, Automotive Industry, California, Carbon Emissions, Charging Stations

See all updates »

State Inverse Condemnation Remedy Sufficient To Vindicate Constitutional Rights

Dodge, duck, dip, dive, and… dodge.  An interesting case from the United States Supreme Court yesterday.  Interesting because of what it says, and interesting because of what it very explicitly declined to say…more

Constitutional Challenges, DeVillier v Texas, Fifth Amendment, Land Owners, SCOTUS

See all updates »

Back to the Boardroom: California Local Agency Teleconferencing Rules for 2023 and Beyond

With Governor Newsom’s announcement that the COVID-19 State of Emergency will be lifted in California effective February 28, 2023, many local public agencies are considering their next steps for returning to their boardrooms…more

California, Coronavirus/COVID-19, Governor Newsom, State and Local Government, Teleconferences

See all updates »

[Webinar] Breaking the Bias: Conversations with Women Who Are Effecting Change - March 8th, 11:00 am - 12:00 pm PT

Nossaman’s Women’s Affinity Group is hosting a virtual panel discussion in celebration of International Women’s Day. We are bringing together a group of dynamic women to discuss this year’s theme for International Women’s Day,…more

Bias, Diversity, Gender Discrimination, Gender Equity, Sexual Stereotyping

See all updates »

Water Storage and Dam Management Strategies in Light of Climate Change Impacts

There can be little argument that many of the more than 90,000 dams in this country are in need of immediate attention. The catastrophic failure of two dams in Michigan last month following an extraordinary amount of rain in a…more

Climate Change, Dams, Infrastructure, Renewable Energy, Water

See all updates »

U.S. Supreme Court Limits Federal Jurisdiction Over Wetlands

In a 5-4 decision issued on May 25, 2023, the U.S. Supreme Court narrowed the applicability of federal Clean Water Act regulatory authority over wetlands that have a relatively permanent connection to other federal waters. The…more

Clean Water Act, Environmental Policies, Environmental Protection Agency (EPA), Federal Jurisdiction, Inland Waterways

See all updates »

New Internet Communications Rules Issued in Time for 2024 Election

More than 15 years after the Federal Election Commission (FEC) issued its first Internet Communications regulations, and 11 years after the start of the current Internet Communications Disclaimer rulemaking, the FEC voted 5-0…more

Federal Election Commission (FEC), Political Campaigns, Political Candidates, Social Media

See all updates »

EPA’s Enforcement Discretion and Settlement Policy for its PFAS CERCLA Rule | Part II: A Salve or Hot Air?

PART II - As detailed in Part 1 of this eAlert, on April 19, 2024, the U.S. Environmental Protection Agency (EPA) announced its final rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), as…more

CERCLA, Contamination, Discharge of Pollutants, Drinking Water, Environmental Policies

See all updates »

Podcast: Getting the Most Out of Your Public Pension Plan Insurance Coverage

All public pension plans need a well-crafted fiduciary liability insurance policy. This should include ample coverage, including protection against the risk of impending litigation. The recent ruling by the U.S. Court of Appeals…more

Breach of Contract, Declaratory Relief, Denial of Insurance Coverage, Duty to Defend, Fiduciary Duty

See all updates »

California Water Policy: What Happened in 2023 and Where Are We Going?

The year started with a bang, with a lot of new Members of the Legislature, and more seasoned Members, invigorated and motivated to tackle some major water policy and funding issues for California. While some significant water…more

California, Climate Change, Environmental Policies, Infrastructure, Natural Resources

See all updates »

Groups Petition California Fish and Game Commission to List Western Burrowing Owl

On March 5, 2024, the Center for Biological Diversity and several other groups submitted a petition to the California Fish and Game Commission (the Commission) to list the western burrowing owl (Athene cunicularia hypugaea) as…more

California, California Fish and Game Commission, Center for Biological Diversity, Conservation, Critical Habitat

See all updates »

Appellate Court Upholds Santa Maria Groundwater Judgment & Physical Solution

On November 21, 2012, the California Court of Appeal (Sixth District) handed down its lengthy and long-awaited ruling in the Santa Maria groundwater litigation, which commenced in 1997. Although it reverses the Judgment on one…more

Groundwater

See all updates »

California Supreme Court Grants Review of First Post-Alameda Decision on Compensation Earnable Restrictions — Amicus Curiae Briefs Due August 2024

In surprising news for the California county retirement system community, on April 17, 2024, the California Supreme Court granted review of Ventura County Employees’ Retirement Ass’n v. Criminal Justice Attorney’s Ass’n of…more

Employee Benefits, Public Retirement Boards, Retirement, Retirement Plan, State-Sponsored Retirement Plans

See all updates »

Angels Flight to Re-Open through Los Angeles P3

The Angels Flight Railway Foundation, represented by Nossaman LLP and Shumaker Mallory LLP, reached a historic agreement with a team led by ACS Group and including Sener Engineering and Systems, to put the iconic Angels Flight…more

Infrastructure, Public Private Partnerships (P3s), Public Projects, Railways, Surface Transportation

See all updates »

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and companies and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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