News & Analysis as of

Government Entities

Sovereign Immunity Bars Contractor’s Claims For Unjust Enrichment And Promissory Estoppel Against City Government On Semi-Public...

by Pepper Hamilton LLP on

Harakas Constr., Inc. v. Metro Gov’t of Nashville, 2018 Tenn. App. LEXIS 45 (Tenn. App. January 29, 2018) - BK Partners LLC (“BK”) sought to build a condominium complex in Davidson County. This required an upgrade to the...more

Bankruptcy court holds that state consumer fraud claims against corporations are dischargeable in bankruptcy

Section 1141(d)(6)(A) and section 523(a)(2) of the Bankruptcy Code together provide that debts owed by a corporation to a government entity are not dischargeable if such debts were obtained by false representations. Does this...more

Upon Reflection, Some Trade Secrets May Be Less Secret Than They Appear

A recent case in Florida is a reminder that when dealing with government entities, trade secrets may be disclosed to the public, especially if that information has been aggregated. ...more

Government Actions are Not Protected Speech Under California Anti-SLAPP Law - Appellate Opinion Stems from Disputed Construction...

by Best Best & Krieger LLP on

When a government entity issues a construction permit, that is government action not protected by California’s anti-SLAPP law — which extends only to constitutionally protected exercises such as “free speech” — the California...more

Social Media & Municipalities: A Roundtable with SmithAmundsen’s Municipal Attorneys

by SmithAmundsen LLC on

In our digital evolving age, social media platforms create a multitude of opportunities to engage the citizenry. They also create a minefield of dangers for municipalities to avoid. Moderator, Julie Proscia, led a...more

United States v. Microsoft: Supreme Court to Resolve Lower-Court Dispute Over U.S. Warrants Seeking Foreign-Stored User Data

by Morrison & Foerster LLP on

On October 16, 2017, the Supreme Court announced it had granted the government’s petition for certiorari in United States v. Microsoft and will hear a case this Term that could have lasting implications for how technology...more

GovTech M&A

by Womble Bond Dickinson on

A Selection of Evolving Trends in Mergers and Aquisitions - Buyers are aggressively targeting companies with differentiated technology and strategically-positioned intellectual property....more

México: STPS Amplía El Periodo De Días Inhábiles Por Sismo

by Littler on

El 26 de septiembre del 2017, la Secretaría del Trabajo y Previsión Social (“STPS”) amplió el periodo de días inhábiles, esto con el fin de permitir que las autoridades inspeccionen las oficinas locales debido al sismo...more

México: Declaratoria de diversas autoridades de días inhábiles a causa del terremoto

by Littler on

Mientras siguen los esfuerzos de recuperación tras el terremoto en México, diversas autoridades continúan declarando días inhábiles en medida que los daños se presentándose. Esto se traduce en que varias acciones y...more

Mexico: Various Governmental Authorities Declare Non-Working Days Due to Earthquake

by Littler on

As Mexico's earthquake recovery efforts continue, the list of government authorities that have declared non-working days due to this natural disaster continues to grow. This means that various actions and proceedings before...more

Under Construction - June 2017

by Snell & Wilmer on

Welcome to the summer 2017 edition of our Under Construction newsletter. In this issue, to accompany the summer heat, we highlight several hot topic items affecting the construction industry, such as the recent revisions to...more

The District of Oregon Rules That the United States May Not Pursue False Claims Act Litigation Against State Entities

by Hogan Lovells on

On April 11, 2017, the United States District Court for the District of Oregon held that the United States may not pursue False Claims Act (FCA) litigation against an arm of the State and dismissed the FCA claims in the...more

GAO Urges Transparency in GSA Leasing Practice for Foreign-Owned Real Estate

by Holland & Knight LLP on

On January 3, 2017, the United States Government Accountability Office (GAO) delivered a report to Congress recommending that the General Services Administration (GSA) inform tenant agencies when leasing high-security space...more

The Ethics Advisor: Good Governance Floats on a Sea of Integrity

by Best Best & Krieger LLP on

“In civilized life, law floats in a sea of ethics,” the late Earl Warren, who served as a U.S. Supreme Court chief justice and as California attorney general and governor, stated in a 1962 speech. In a closely related sense,...more

The Illinois Supreme Court Opens Door to Claims Against Government Entities for Flood Losses

by Cozen O'Connor on

Floods lead to costly claims for insurance companies. Unfortunately, subrogated insurers are frequently precluded from pursuing governmental entities that cause flooding because they enjoy immunity from tort claims. So, for...more

SEC Approves FINRA Pay-to-Play Rules

by Latham & Watkins LLP on

Placement agents to private funds who seek investments by state and local pension plans must comply with restrictions on political contributions and related activities. On August 25, 2016, the Securities Exchange...more

Brazil eSocial Launch Is Postponed Again, But Employers Should Not Ignore It

by Littler on

After agonizing months of uncertainty for employers, on August 31, 2016, Brazil’s eSocial Steering Committee issued a new resolution postponing the eSocial digital bookkeeping program’s implementation deadlines, the first of...more

Changes To Florida’s New Anti-Corruption Law Take Effect October 1 - Will Florida Soon Consider Your Business Practices Corrupt?

by Carlton Fields on

The Florida Legislature recently responded to growing concerns over public corruption in the state of Florida by amending Florida’s Anti-Corruption Act (FACA). The changes take effect October 1. This paper outlines...more

Cautionary Observations from the Proposed 457 Regulations

by Bryan Cave on

After more than nine years of deliberations, the IRS has finally released proposed regulations governing all types of deferred compensation plans maintained by non-profit organizations and governmental entities. In...more

Advisory Committee on Tax Exempt and Government Entities (ACT) Presents its Report of Recommendations on June 8, 2016

by Bryan Cave on

On June 8, 2016, the 21 members of the ACT presented its 15th report of recommendations to the IRS in a public meeting in Washington, DC. The ACT report addressed five issues...more

EPA Brownfields Site Planning Grants

The U.S. Environmental Protection Agency has posted a Request for Proposals (RFP) for Fiscal Year 2017 Brownfields Area-Wide Planning program grants. With estimated funding of $4 million and a maximum grant amount of...more

Shining a Brighter Light on Massachusetts Public Records - HB 4333

by Foley & Lardner LLP on

If, as Justice Louis Brandeis famously said, “sunlight is said to be the best of disinfectants,” Massachusetts public records have just received a substantial splash of bleach. On June 3, 2016, Governor Charlie Baker signed...more

Supreme Court Decides Simmons v. Himmelreich

by Faegre Baker Daniels on

On June 6, 2016, the Supreme Court of the United States decided Simmons v. Himmelreich, No. 15–109, holding that the judgment-bar provision of the Federal Tort Claims Act (FTCA) does not apply to claims dismissed for falling...more

New Law Imposes Additional Requirements on NGOs Operating in China

Until recently, there have been few formal regulations regarding the operation of foreign non-governmental organizations (NGOs) in China. While the Chinese government has expressed skepticism and, at times, hostility toward...more

Iowa Supreme Court: So-Called “Shuttle Diplomacy” May Violate Open Meeting Law

by Dorsey & Whitney LLP on

This is the first part in a three part series exploring important changes to Iowa’s open meeting law. Iowa’s open meeting law seeks to ensure that the basis and reasoning for governmental decisions are easily accessible...more

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