News & Analysis as of

Public Entities

Failure to Consider Safety Element in Design Does Not Preclude Public Entity’s Discretionary Authority Under Design Immunity...

In Rodriguez v. Department of Transportation, Case No. F074027 (March 27, 2018), the Court of Appeals for the Fifth District considered the following mind-twister: Can you knowingly approve something (which does not include...more

Appellate Court Upholds Trail Immunity And Protects Pasadena from Liability - Court clarified availability of trail immunity...

by Best Best & Krieger LLP on

Trail immunity has been examined by the appellate courts numerous times over the past 18 months, most recently in Arvizu v. City of Pasadena, where the plaintiff entered a public park after hours and injured himself when he...more

Ransomware Attacks for Local Governments and Public Agencies: A Primer

The recent ransomware attack on the City of Atlanta highlights the fact that the threat of ransomware affects all organizations, regardless of the nature of their industry, business, or operations, and that political...more

White & Case WTO Report: US – Countervailing Measures (China) (Article 21.5 – China)

by White & Case LLP on

Decision: A WTO compliance panel has handed down a mixed ruling in China’s challenge to countervailing duties imposed by the U.S. Department of Commerce (USDOC)....more

District Court Holds Consumer May Sue U.S. Governmental Entity for Money Damages under FCRA

by Dorsey & Whitney LLP on

On February 7, 2018, the U.S. District Court for the Eastern District of Michigan denied a motion by the U.S. Department of Agriculture (“USDA”) to dismiss a lawsuit filed against the USDA seeking money damages for alleged...more

Arizona Supreme Court Accepts Review of Police Dog Bite Case

A driver approaching from the opposite lane nearly hit a Pima County Sheriffs’ deputy head on. The deputy activated his emergency lights and pursued the driver. ...more

New California Labor and Employment Laws for 2018

by Holland & Knight LLP on

• The California Legislature passed numerous labor and employment bills that Gov. Jerry Brown signed into law in 2017. • Many of the new laws relate to wages and hours, leaves and benefits, hiring practices, health and...more

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 Leighton Paisner 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

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

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

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

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