News & Analysis as of

Public Entities

Fixed-Price Contracts Are Simple - Or Are They?

by Pepper Hamilton LLP on

Firm fixed-price contracts seem like a simple concept in practice — agreements that do not allow for the modification of the contract price after award without an express agreement between the parties. Originally published...more

GOP Tax Reform Plans Target Municipal Tax-Exempt Bonds

by McNees Wallace & Nurick LLC on

The Republican majorities in the U.S. House and Senate have introduced comprehensive tax reform plans, and each plan contains provisions of interest to municipalities and other public entities that issue tax-exempt bonds. In...more

Changing status of EU local authorities under MiFID II

by Ropes & Gray LLP on

Asset managers located inside and outside the European Union (“EU”) should be aware of the changing regulatory status of EU local authorities, and their pension funds, under the next iteration of the Markets in Financial...more

When Is a Private Company Considered a Public Body and Subject to the EU Procurement Rules?

by Bryan Cave on

The case itself is a judgement of 5 October 2017, following a request for a preliminary ruling from a regional court in Lithuania to the ECJ. The question submitted was essentially should a private company established by the...more

Torts: Changes to CCP §340.1 Did Not Change Deadline for Submitting Claims to Public Entities

by Low, Ball & Lynch on

Latrice Rubenstein v. Doe No. 1 et al. - SUPREME COURT OF CALIFORNIA, 3 Cal.5th 903 (August 28, 2017) - Code of Civil Procedure §340.1(a) provides that an action for damages suffered as a result of childhood sexual...more

Private Hospital Collaborating with State College Not “State Actor” for Section 1983 Purposes When Dismissing Trainee

by Holland & Knight LLP on

Private hospitals commonly associate with public entities in running a variety of programs. These collaborations raise the question in civil rights litigation of whether and when the private hospital is a state actor. Under...more

How Common Are Governmental Parties in the Court’s Civil Docket?

by Sedgwick LLP on

For the past several weeks, we’ve looked at the Court’s record with death penalty appeals. This week and next, we’re looking at the Court’s record with parties that are governmental entities. In Table 559, we report the...more

Hurricane Harvey: Immediate Considerations for Impacted Public and Non-Profit Entities

by Baker Donelson on

At this time, immediate lifesaving response activities have priority. As soon as they are able, impacted public and non-profit entities must consider the available resources to help defray costs, including insurance and...more

Contracting Under Federal Procurement Requirements After Hurricane Harvey

by Baker Donelson on

As impacted public entities and non-profits begin the long road to recovery after Hurricane Harvey, it is critical that they do not overlook or ignore compliance with important regulatory requirements upon which federal...more

Cambios en la Transferencia de Datos Personales a Otros Países

by Holland & Knight LLP on

Mediante la Circular Externa 005 del 10 de agosto de 2017, la Superintendencia de Industria y Comercio (“SIC”) se pronunció acerca de los países que en opinión de esta entidad ofrecen un nivel adecuado de protección para...more

Changes in Transfer of Personal Data to Other Countries

by Holland & Knight LLP on

By means of External Circular Letter No. 005 of August 10, 2017, the Superintendence of Industry and Commerce (SIC) issued a pronouncement with regard to the countries that in opinion of this entity offer an adequate level of...more

California Supreme Court Rules That Independent Contractors Are Not Excluded From Section 1090’s Conflict Provisions

by Downey Brand LLP on

The California Supreme Court ruled on June 26, 2017 in People v. Superior Court of Riverside County that the Government Code prohibition against a public employee or officer’s participation in contracts in which that person...more

SB1025 Amending Section 12-820.03 Relating to Immunity for Public Entities

On May 1, 2017, Governor Ducey approved SB1025. This Bill amends A.R.S. § 12-820.03, which provides immunity to public entities and employees for claims arising from a plan or design for construction, maintenance, or...more

How Have Public Entities Fared in Civil Cases (Part 2 – 2006-2016)?

by Sedgwick LLP on

Last time, we looked at public entities’ winning percentage in civil cases at the California Supreme Court between 1994 and 2005. Today, we look at the second half of our study period – how did public entities fare between...more

How Have Public Entities Fared in Civil Cases? (Part I – 1994-2005)

by Sedgwick LLP on

Last week, we looked at how defendants have fared in criminal cases. Of course, in a sense that amounts to asking how prosecutors are doing. So this week, we ask the flip side of that question – how have public entities...more

Trail Immunity Not a Given for Public Agencies When Injuries Caused by Adjacent Property

by Best Best & Krieger LLP on

Of the many immunities available under the California Government Code, “trail immunity” under section 831.4 has long shielded public entities from liability when injuries are suffered by those using public property for...more

Showing “Notice” of a Dangerous Condition on Public Property is not that Easy!

Woodland Hills personal injury attorney Barry P. Goldberg gets regular case inquiries about sidewalk trip and falls. Sometimes the injuries can be devastation. However, many potential clients assume that since the dangerous...more

FOIA and Public Records: IHSA 3, BGA 0

by Holland & Knight LLP on

In Better Government Association v. Illinois High School Association and High School District 230 IL Supreme Court No. 121124, the Illinois Supreme Court, on May 18, 2017, affirmed an appellate court's ruling that the...more

Public Mergers and Acquisitions in Canada 2nd Edition - May 2017

by Bennett Jones LLP on

Canadian public merger and acquisition transactions in 2016 (in-bound and out-bound) comprised over C$400 billion in value with at least one-third of the transactions in Canada being fueled by foreign buyers. The second...more

Strict Adherence to the Government Claims Act is Required

by Low, Ball & Lynch on

J.M., a Minor, etc. v. Huntington Beach Union High School District - Supreme Court of California 2 Cal.5th 648 (March 6, 2017) - Government Code sections 810 et seq. (“The Act”) set forth the procedures and...more

The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - April 2017

by Hinshaw & Culbertson LLP on

Attorney-Client Privilege – Invoices to Public Entity Client – Ongoing Litigation - Los Angeles Cty. Bd. of Supervisors v. Superior Court, 2 Cal. 5th 282, 386 P.3d 773 (2016) - Risk Management Issue: May a law firm's...more

Ten things you should know about the new Arbitration Law

by Dentons on

Under the old law, arbitration agreements must be made in writing; under the New Arbitration Law, this will now include electronic communications....more

California Supreme Court Rejects Claim by Second-Lowest Bidders on Public Works Contracts that Low Bidder Interfered with a...

by Nossaman LLP on

The California Supreme Court in Roy Allan Slurry Seal, Inc. v. American Asphalt South, Inc. (Feb. 16, 2017) Case No. S225398, --- Cal.3d ---, held that for public works contracts awarded to the lowest responsive, responsible...more

Civil Discovery Act Applies to Public Records Act Proceedings, California Appellate Court Concludes

by Best Best & Krieger LLP on

Public entities litigating California Public Records Act cases may now face the additional burden of responding to civil discovery requests. The Second District Court of Appeal recently issued its opinion in City of Los...more

Torts – Trail Immunity

by Low, Ball & Lynch on

Trail immunity will not protect against being hit by a stray golf ball, but it may provide certain parties with absolute immunity from resulting litigation. Miguel Leyva, et al. v. Crockett & Company, Inc. - Court...more

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