Published Articles
2019
Municipal and Special District Law
- Board Member Compensation: Special Rules for Special DistrictsOctober 31, 2019The California Government Code, through principal or special acts, generally provides special districts with the authority to compensate board members. The first step in understanding what can and cannot be done in terms of compensation is to check the special district’s formation or enabling documents to determine whether the district is governed by a principal act or a special act. ... read more
- 5G Wireless: How It Changes Local Regulatory EnvironmentsJune 12, 2019Dominating the next generation of wireless technology, known as 5G, is a high-stakes competition taking place on a global scale. The FCC recently adopted a “Declaratory Ruling and Third Report and Order” that brings the impact of this global race to every local community. The Ruling is designed to facilitate rapid and expansive 5G rollout by limiting local government regulation of the ... read more
- California Supreme Court Upholds Local Wireless Facility Rules, But the Debate Isn’t OverMay 6, 2019In the age of 4G LTE and the rise of 5G wireless technology, many local governments in California find themselves tasked with deciding how to regulate telecommunications facilities within their streets, often times at the expense of community aesthetics. The desire to preserve local control frequently results in a debate with telecommunications carriers about the boundaries of local authority and ... read more
- Practical Tips for Negotiating Today’s Complex IT Services ContractsFebruary 28, 2019Information technology equipment and services are critical to every aspect of a public entity’s daily operation. For example, information technology is the foundation for providing free Wi-Fi in downtown areas, upgrading a police department’s dispatch system, creating large scale systems for public records data retention, and enhancing a city’s fiber-optic network to provide ultra-high ... read more
First Amendment
- Knight v. Trump: Second Circuit Sets Rules on Blocking Followers from Social Media AccountsAugust 7, 2019In the highly anticipated case involving President Trump’s Twitter account, the U.S. Court of Appeals for the Second Circuit found that the President’s blocking of followers on his @realDonaldTrump account was unconstitutional viewpoint based discrimination. In its unanimous opinion in Knight First Amendment Institute v. Donald J. Trump, the Second Circuit affirmed the lower court ... read more
Workplace Investigations
- Update on Workplace Rights of Transgender and Non-Binary EmployeesJuly 16, 2019Recent California laws and regulations provide protections for transgender and non-binary employees, ranging from expanding the Fair Employment and Housing Act to prohibit discrimination on the basis of gender, gender identity, and gender expression, to specific regulatory codes that address restroom access, the option for a non-binary gender marker on state identification documents, and ... read more
Labor and Employment
Commercial Litigation
- SCOTUS Expands Statute of Limitations for FCA WhistleblowersMay 28, 2019Under the federal False Claims Act, a false claim action must be brought by whichever is later: (1) six years after the violation or (2) “3 years after the date when facts material to the right of action are known or reasonably should have been known by the official of the United States charged with responsibility to act in the circumstances, but in no event more than 10 years after the date on ... read more
Public Contracts
