Publications & Presentations
We encourage you to peruse this Publications & Presentations section for timely analysis and industry insights, including bylined articles, client alerts, white papers, practice and industry newsletters, audio and video broadcasts, featuring interviews with our lawyers, as well as case studies highlighting compelling legal challenges our clients have faced.
Also, please visit our Events page to learn more about upcoming seminars, CLE programs, and other presentations which may be of interest.
CalEnviroScreen 3.0 – Still the Wrong Tool for CEQA Review
Authors: Norman F. Carlin, Kevin Ashe
On January 9, 2017, the California Environmental Protection Agency (CalEPA) and Office of Environmental Health Hazard Assessment (OEHHA) released an “Update to the California Communities Environmental Health Screening Tool,” better known as CalEnviroScreen Version 3.0. CalEnviroScreen is a software tool used to identify and direct resources to communities affected by pollution, based on environmental exposure and population data. However, as guidance for prior CalEnviroScreen versions made clear, the tool’s approach to “cumulative impacts” is very different from that of environmental review under the California Environmental Quality Act (CEQA). While Version 3.0 omits that clear statement, lead agencies and project proponents should rest assured that CEQA law has not changed and CalEnviroScreen remains the wrong tool for CEQA review of local projects and permitting decisions.
2017 Brings Changes to the Federal Executive Branch Gift Rules
Authors: Kathryn E. Donovan, Emily B. Erlingsson, Anita D. Stearns Mayo
The Office of Government Ethics (OGE) recently amended the executive branch gift rules, which became effective on January 1, 2017. The changes include clarifications to existing exceptions that are frequently used as well as a new exception.
Ninth Circuit Lowers Hurdle for Class Certification
Declines to Adopt “Administrative Feasibility” as Independent Requirement of Rule 23
Authors: Christine A. Scheuneman, Fusae Nara, Nathaniel R. Smith
On January 3, 2017, the Ninth Circuit Court of Appeals declined to adopt “administrative feasibility” as an independent requirement for class certification. It held that Rule 23 does not require class counsel to show at the class certification stage that there is an “administratively feasible” means to identify all class members. It recognized the need to minimize administrative burdens of identifying and notifying absent class members, but found that Rule 23 already contains specific ways to achieve that goal.
Differing GAO Task Order Protest Thresholds
Authors: Richard B. Oliver, Selena Brady, Alexander B. Ginsberg
On December 23, 2016, President Obama signed the 2017 National Defense Authorization Act (NDAA), which contains changes to the Government Accountability Office’s (GAO) jurisdiction over contractor bid protests of task order awards. Following its passage, government contractors now must consider several distinct dollar thresholds relevant to the GAO’s jurisdiction over bid protests of task order awards.
China Strengthens Supervision on Offshore Chinese Yuan (RMB) Lending
Authors: Jenny Y. Liu, Carrie Bai, Fiona Li
In 2016 stabilizing the exchange rate of Chinese yuan (also known as RMB, the legal currency of China) was a critical challenge for Chinese government. Due to the recent staggering devaluation of RMB, the People’s Bank of China (PBOC) promulgated a series of policies and regulations aim to tighten and scrutinize capital outflow. Among these policies and regulations is the Notice on Further Clarifying Relevant Matters Applicable to Offshore RMB Lending Business of China-based Enterprises (Notice 306), dated November 29, 2016.