California Considering Eminent Domain Amendment

The California legislature is considering a bill that could increase the likelihood condemnees will be reimbursed its litigation expenses. Under the current law, a condemnee can recover litigation expenses, such as attorneys’ and experts’ fees, if a court finds that the condemning agency’s final offer of compensation was unreasonable and that the final demand of the condemnee was reasonable when considering the compensation ultimately awarded. View Full Post
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The Governor Writes a Letter, and Roundup On Flooding Issues Around the State

Finance Letter Here’s our Saturday morning update on flood control issues in the Central Valley and beyond.  Things have been quieter this week at Oroville Dam, but there’s plenty to report on from around the state. As always, if you find this blog helpful or interesting, please feel free to share it with others who may be interested. View Full Post
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U.S. Department of Justice and Department of Education Rescind Obama Era Guidance On Transgender Students

By | Higher Education Report | February 24, 2017
On February 22, 2017, in its first “Dear Colleague Letter,” the Trump Administration withdrew existing U.S. Department of Justice and Department of Education guidance that interpreted Title IX’s protections against sex discrimination to encompass discrimination based on gender identity and transgender status. In this joint Dear Colleague Letter (“February 22 DCL”), the Departments point to recent litigation challenging the previous administration’s interpretation of Title IX as applied to transgender students as reason to withdraw the existing guidance so that the Departments could “further and more completely consider the legal issues involved.” The Departments specifically cite to the Fourth Circuit’s decision in G.G. View Full Post
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Connecticut Swiftly Responds to Federal Rollback of Transgender Student Protections

By | Connecticut Education Law Blog | February 24, 2017
Connecticut Governor Dannel P. Malloy has acted quickly to respond to recent developments in Federal law affecting the rights of transgender students by issuing an executive order reasserting the State’s protections for transgender people.  Despite a change in Federal guidance, and as detailed below, Connecticut affords greater protections to transgender people than currently provided under Federal law. View Full Post
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NY Proposed Budget Would Expand NYDFS Authority Over FinTech Lending Companies

Lender license requirements recently included in the New York governor’s proposed 2017-2018 budget would expand the jurisdiction of the New York State Department of Financial Services (NYDFS) to cover many financial technology (FinTech) credit-lending companies that are currently exempt from license requirements.  The proposed budget would prohibit businesses that are not registered as licensed lenders from making personal loans with a principal of $25,000 or less, and commercial loans of $50,000 or less, regardless of interest rate.   View Full Post
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Second Washington Appellate Court Affirms Broad Standing Requirements Under State’s Open Public Meetings Act

Second Washington Appellate Court Affirms Broad Standing Requirements Under State’s Open Public Meetings Act Arthur West filed suit under Washington’s Open Public Meetings Act, ch. 42.30 RCW (“OPMA”), against the Pierce County Council and individual Council members based on a series of e-mails between members of the Council and the Pierce County Prosecuting Attorney’s Office. In West v. Pierce County Council, No. View Full Post
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Connecticut Governor Dannel Malloy Instructs Connecticut Public Schools to Follow Withdrawn Federal Guidance Regarding Transgender Students

Connecticut Governor Dannel Malloy Instructs Connecticut Public Schools to Follow Withdrawn Federal Guidance Regarding Transgender Students Yesterday, in response to the withdrawal of federal guidance relating to the rights of transgender students, Connecticut Governor Dannel Malloy instructed Connecticut public schools to continue to follow the withdrawn guidance, pending the release of state guidance from the Connecticut State Department of Education on the rights of transgender individuals in Connecticut schools. View Full Post
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Supreme Court Clarifies Administrative Exhaustion Requirements Under IDEA

By | K-12 Legal Insights | February 24, 2017
Supreme Court Clarifies Administrative Exhaustion Requirements Under IDEA On February 22, the Supreme Court of the United States issued its opinion in Fry ex rel. E.F. v. Napoleon Community SchoolsFry addresses the circumstances in which parents must exhaust the administrative remedies found in the Individuals with Disabilities Education Act (IDEA), when their lawsuit purports to assert claims only under other federal discrimination statutes—namely, the Americans with Disabilities Act (ADA) and § 504 of the Rehabilitation Act.  View Full Post
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DOJ Issues New Guidance On the Evaluation of Corporate Compliance Programs

On February 8, 2017, the Department of Justice Fraud Section posted a new guidance document on its website entitled, “Evaluation of Corporate Compliance Programs”  (“Compliance Guidance”).  This Compliance Guidance, comprised of a number of topics and questions, comes a little over a year after the… View Full Post
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