Nossaman Authored Articles

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07/01/08"Making a Lateral Move Doesn't Have to Be a Grueling Experience"Daily Journal
06/23/08"California Voters Pass Eminent Domain Reform Initiative - But Is There Any Real Reform?"California Real Estate Journal
06/04/08"Land of Opportunity - US Transport"Infrastructure Journal
05/31/08"More projects, more refinement: Recent PPP developments in the US transportation sector"Privatisation & Public Private Partnership Review 2008/09
05/30/08"2008 Congress of Delegates Builds on Recent Growth" Bar Association of San Francisco Bulletin
05/23/08"Peer Review Hearing Guidebook" American Health Lawyers Association
05/22/08"The Bear Necessities of Fighting Climate Change"Daily Journal
05/21/08"Doing Your Homework - Summer Associates Column" Daily Journal
05/19/08"Don't Wait for a Ski Mishap to Remind Yourself What's Important"Daily Journal
05/08/08"Clean Sweep"Daily Journal
05/02/08"Forum Column - Role Reversal"Daily Journal
04/11/08"What's New in Managed Care? Discount Plans? Not Really: A Quarter Century of Statutory Divination, or, The Birth of a Reg."Paper presented at CSHA's Annual Seminar "California Managed Care Update"
04/08/08"What's New in Employment Law for 2008?"HR West
04/01/08"What's New in Employment Law for 2008?"The Bottom Line
02/29/08"A Deal's A Deal: Federal Court Upholds 'No Surprises' Rule, Removing Cloud Over Habitat Conservation Plans"California Builder
02/27/08"Behind Closed Doors: Sealing the Court Record"Andrews Privacy Litigation Reporter
02/11/08"Representing Healthcare Professionals in Disciplinary Actions: Containing the Collateral Damage"The Health Lawyer
02/01/08"Disabling Discrimination"Daily Journal
02/01/08"Pay for Call? The Office of the Inspector General Speaks" CAPG Health
01/04/08"Designation Of Impaired Waters Under CWA Takes On New Significance - No Permits For New Discharges Until Attainment Shown"The Natural Lawyer
01/04/08"New Bridge From Canada Into Maine OK Under NEPA And 404"The Natural Lawyer
12/31/07"Smoothing the Path for Public-Private Partnerships: FHWA Revisions to Design-Build Rule"Public Works Financing
12/24/07"The View - Traffic Travails"California Real Estate Journal
12/15/07"Impaired Waters & Permitting; Implications of Pinto Creek Decision" The Water Report
11/16/07"Traffic Travails"Daily Journal
11/15/07"Nutrient Numeric Endpoint Development"The Water Report
10/01/07"Public Policy Shields Engineer and Contractor from Tort Liability for Pipeline Failure"ASCE Journal of Professional Issues in Engineering Education and Practice
09/19/07"Competitive Edge"The Daily Journal
09/01/07"District Court Holds that the Service must Address Global Climate Change"ABA's Endangered Species Committee Newsletter
09/01/07"District Court Upholds No Surprises and Permit Revocation Rules"ABA's Endangered Species Committee Newsletter
08/20/07"The View - Ruling Puts Contamination Law Back on Track"California Real Estate Journal
08/15/07"Nutrient Numeric Endpoints: Not Quite Ready for Prime Time?"The Water Report
07/26/07"Staving Off Misconduct"Daily Journal
07/23/07"Preventing the Cascade"Sierra Sacramento Valley Medical Society Newsletter
07/05/07"Ruling Puts Contamination Law Back on Track"Daily Journal
06/30/07"Overview of States With Significant Transportation Public-Private Partnership Authority"(reflects legislative developments through June 2007)
06/08/07"Developments in Employment Law"Labor & Employment Law 2007
06/04/07"How to Defease a Loan on Schedule and Avoid Future Liability"California Real Estate Journal
06/01/07"Preventing the Cascade: Dealing Successfully With the Collateral Consequences of Professional Discipline"Journal of Nursing Law
06/01/07"The Ninth Circuit Fills Two Gaps in ESA and Critical Habitat Jurisprudence" ABA's Endangered Species Committee Newsletter
06/01/07"Public-Private Partnerships: Recent Developments in the US Transportation Sector"Privatization & Public Private Partnership Review 2007/08
05/01/07"Legislative Report"CADP News, the newsletter for the California Association of Dental Plans
05/01/07"Regulatory Update"CADP News, the newsletter for the California Association of Dental Plans
05/01/07"Initiatives"ACWA's Prop. 218 Handbook
04/27/07"Listen Up: Make Rules for Driving While Talking"Daily Journal
04/25/07"Big Brother is Watching ... and Being Watched -- Evidence Obtained Through Employee Surveillance" Association of Business Trial Lawyers Report
04/01/07"The Poliner Verdict And Its Impact On Peer Review In California"California Health Law News
03/26/07"Residential Use on Tidelands"California Real Estate Journal
03/02/07"Protecting Domestic Partners"Daily Journal
03/01/07"Species Conservation on Tribal Lands"Natural Resources & Environment
03/01/07"Stipends & Payment for Work Product in Design-Build Procurements"Design-Build Dateline
02/16/07"Avoiding 'Health Factor' Discrimination"Daily Journal
02/13/07"Congressional Testimony: Public-Private Partnerships"
01/14/07"Earl Warren Schwarzenegger"California Progress Report
01/12/07"Settlement Traps"Daily Journal
12/29/06"Being Fairer to the Disabled"Daily Journal
12/08/06"Retaliation Defense"Daily Journal
12/01/06"No Liening on Public Property, Court Rules"Daily Journal
11/01/06"Design-Build Contracts Under California Public Contracting Laws"Nossaman Guthner Knox & Elliott LLP - Memorandum
10/30/06"Public-Private Partnerships: The Most Effective Finance Tool in the Box"Horizon
10/25/06"Changing Eminent Domain: Five Laws vs. Proposed InitiativeDaily Journal
10/23/06"Eminent Domain Reform Arrives in California Ahead of Election Day" California Real Estate Journal
09/30/06"Backdating Is Not Always Fraudulent: How to Distinguish Between Lawful and Fraudulent Ratification" Andrews Special Report, Stock-Options Backdating & Executive Compensation
09/22/06"Employers Must Protect Themselves Against Liability Over Illegal Workers"Daily Journal
09/21/06Statement Before the National Surface Transportation Policy and Revenue Study CommissionDallas Field Hearing: "Financing the Surface Transportation System"
09/16/06"City Spot Light: Government Regulations and Impact Fees Keep OC Home Prices High"Orange County Register
09/05/06"Court of Appeal Validates Pajaro's Groundwater Pumping Charges as Not Violating Prop. 218; Holds Board Members Did Not Have Conflict of Interest When Voting on Charge" - ACWA News
09/01/06"Pushing the Envelope of Creditors' Committee's Powers" The American Bankruptcy Law Journal
09/01/06"A Quartet of Court Decisions Help Clarify Reasonable Accommodation Standards"The Industry Reporter
08/25/06"Employers Should Give Domestic Partners Same Benefits as Married Couples"Daily Journal
08/23/06"Backdating Is Not Always Fraudulent: How to Distinguish Between Lawful and Fraudulent Ratification" Securities Litigation & Regulation Reporter
08/09/06"FHWA Sends Mixed Signals on Innovative Contracting"Public Works Financing
07/10/06'"Disposal Rule" Requires Employers to Reasonably Dispose of "Consumer Report" Information"News@5
07/01/06"Public-Private Partnerships: A Sea Change in the US Transportation Sector"Privatisation & Public Private Partnership Review 2006/07
06/30/06"Employers Would Be Wise to Handle ADA Accommodations With Care"Daily Journal
06/23/06"Keep Clear Policies, Paper Trail to Navigate Medical-leave Maze"Daily Journal
06/19/06"Sarbanes Oxley & the Dangers of the Industry Practice Rule"Monitor
06/09/06"Private Employers have much at Stake in State High Court’s Docket"Daily Journal
06/08/06"Design-Build Critical to New Tollroad Financings"Tollways Policy and Practice
06/01/06"The 2004 Amendments to the Federal Sentencing Guidelines and their Implicit Call for a Symbiotic Integration of Business Ethics"Fordham Journal of Corporate & Financial Law
05/24/06"Statement Before the Subcommittee on Highways, Transit, and Pipelines Committee on Transportation and Infrastructure"U.S. House of Representatives Hearing on "Understanding Contemporary Public Private Highway Transactions: The Future of Infrastructure Finance?"
04/30/06"50-State Survey of Transportation Agency Design-Build Authority"(reflects legislative developments through April 2006)
04/17/06"Courts Growing Weary of Abusive ADA Lawsuits"California Real Estate Journal
04/07/06"Courts Haven’t Reached Consensus on E-Mail Usage and Employee Privacy"Daily Journal
04/01/06"Innovation in Highway Delivery: Survey of SEP-14/SEP-15 Projects"DBIA Dateline
03/31/06"Recovering Settlement Costs As Defense Costs"Environmental Claims Journal
03/24/06"Federal Law Protects Guardsmen's Jobs at Home While They Serve"Daily Journal
03/20/06"Court Decision Aids Developers and Builders Who Come Into Contact With Endangered Species"California Real Estate Journal
02/24/06"It's No (Trade) Secret: Non-disclosure Pacts Protect Other Hush-hush Info"Daily Journal
02/01/06"Insurance Coverage: A Year In Review"Risk Factor
02/01/06"US transport reauthorisation bill permits up to US$15 billion of tax exempt bonds for PPPs"Infrastructure Journal
01/20/06"The fallout from Cooper v. Aviall: When can a PRP recover?" American Bar Association Environmental, Energy and Resources Newsletter
12/23/05"So You Have the Option of Mandatory Arbitration: Is It Worth Pursuing?"Daily Journal
10/01/05"Lesson's Learned: What Owners Should (and Shouldn't) do to Transfer Design Risk to Design-Builders"DBIA Dateline
10/01/05"Overview of Key Elements and Sample Provisions State PPP Enabling Legislation for Highway Projects"Nossaman Infrastructure
09/26/05"Prevent Lawsuits by Providing Benefits to Domestic Partners"Daily Journal
09/01/05"Creating Additional Tools in the Financial Tool Box - A New Look at Water Private Activity Bonds"Underground Infrastructure Magazine
08/05/05"East Span of the Bay Bridge Retrofit/AB 144 (Hancock), Ch 71, Statutes of 2005" Nossaman Infrastructure
08/01/05"California Supreme Court Affirms Floor Not Ceiling Model of Clean Water Act" Water Quality and Wetlands Committee Newsletter
08/01/05"Legislation Introduced to Amend Key Provisions of the Clean Water Act"Water Quality and Wetlands Committee Newsletter
06/01/05"Standing in the Government's Shoes - When Can an Intervenor Appeal a District Court Decision Invalidating a Federal Agency Action?"Environmental Law Reporter
06/01/05"Concessions: A New Paradigm in Project Delivery?"Constructor
05/25/05"SAFETEA Private Activity Bond Provisions: A New Tool for Public-Private Partnerships for Highways and Freight Transfer Facilities"Nossaman Infrastructure
05/11/05"Quality Assurance Through Procurement Methodology"Nossaman Infrastructure
04/11/05"Impact of Licensing Rules on Legal Structure of D-B Contractors"Nossaman Infrastructure
04/11/05"Rules Applicable to Federal-Aid Contracts for Toll Systems and Other ITS Services"Nossaman Infrastructure
04/01/05"Managing Your Money: Project Delivery Methods"MassTransit
04/01/05"Managing Contractual Risk: The Project Owner's Perspective"Design-Build DATELINE
03/01/05"State Legislature Opens Door For New Provider Opportunities in the Workers' Compensation System"The Medical Bulletin
02/28/05"Are Public Lawyers More Honorable than Private Ones?"The Professional Lawyer
02/09/05"Solving the new Cali crisis"Project Finance International
01/25/05"From SoHo, south of the highway"The Davis Enterprise
01/01/05"The 10 Biggest Risk Management Mistakes Physicians Make While Performing Nonclinical Medical-Legal Work (Expert Testimony)"The Biggest Legal Mistakes Physicians Make and How to Avoid Them
12/10/04"An Old Law Meets a New Technology: Traditional Right-of-Way Access Rights Apply to Wireless Telephone Technology"Wireless Business & Technology
11/01/04"The Birth of the CFTC"Swiss Derivatives Review
09/01/04"California's New Paid Family Leave Law - What Employers Need to Know"Employee Benefit Plan Review
08/01/04"Separation Anxiety: What an Employer and an Employee Need to Know When the Employee Starts a Competing Company"California Labor and Employment Law Review
07/01/04"Trouble with Government: Representing Healthcare Providers During an Investigation"The Medical Bulletin
07/01/04"Supreme Court Rules that Water Pumps Not Generating Pollutants are Point Sources Under the Clean Water Act"California Environmental Law Reporter
06/01/04"Court Vindicates Telecommunications Industry's Right To Use California Streets And Highways Free From Local Impositions"Real Estate Finance Journal
04/30/04"The Perfect Storm - Multiple Problems When a Physician is Accused of Deficient Care"Health Lawyers Weekly
04/21/04"Comparison of Interstate Tolling Provisions in SAFETEA and TEA-LU"Nossaman Infrastructure
04/20/04"Design-Build Stipends and Payment for Work Product"Nossaman Infrastructure
04/01/04"California Supreme Court Leaves Telecoms Free to Use ROWs Without Municipal Exactions"Communications Environment and Land Use Law Report
01/07/04"Weighing Ethics: Professionalism Requires Facing Up to Compelling Competing Interests"Daily Journal
01/01/04"DBOM Update: Independent Evaluation of Alternative Approaches Relating to Operations and Maintenance Component of DBOM Contract for the SMP Green Line"Nossaman Infrastructure
12/01/03"Tracking Your Children With GPS - Do You Have The Right?"Wireless Business & Technology Magazine
10/01/03"Public Regulation of Professional Ethics: A Comparison Between The Legal And Medical Professions"Sacramento Lawyer Magazine
10/01/03"An Innovative Water Deal in California" Project Finance International
10/01/03"A New Warning for California Employers"Employers Group Newsletter
08/01/03"FHWA Relaxes NEPA Standards on RFPs for Public-Private Partnerships"Public Works Financing
07/01/03"A Policyholder's Settlement with Some Insurers Does Not Cut Off Its Access to Others" Environmental Claims Journal
06/20/03"Bankruptcy Customer May Get Payments Back"San Jose/Silicon Valley Business Journal
06/18/03"Perchlorate Becomes Hot New Substance for Toxic Tort Cases"San Francisco Daily Journal
06/04/03"SAFETEA Freight Transportation Finance Initiatives: Enhanced Opportunities for Public-Private Infrastructure Projects with Public Benefits"Nossaman Infrastructure
05/01/03"E911 and Privacy, Keeping Within the Bounds of Federal Law"Wireless and Business Technology Magazine
04/07/03"Insurance Against Terrorism-Related Losses"California Real Estate Journal
03/19/03"Sigh of Relief"The Recorder
03/01/03"Balancing Property Rights and Land Use Regulatory Authority"California Environmental Law Reporter
03/01/03"Kill Those Little Suckers! The UNE Wars Continue"On The Line Magazine
02/20/03"Affirmative Action Disparity Studies Upheld"
02/18/03"Should Jurors Hear the Whole Story?"California Real Estate Journal
02/01/03"California Regulatory Report"On The Line Magazine
02/01/03"Terrorism And The Tacoma Narrows Bridge Design-Build Contract"Public Works Financing
01/06/03"New Terrorism Insurance Law Impacts Transportation Projects"Nossaman Infrastructure
01/01/03"Federal Design-Build Regs Limit Innovative Contracting"Public Works Financing. Also published in March issue of Project Finance International.
11/11/02"Partnering Design, Construction, Operation and Maintenance for the East Bay Smart Corridors Program — Building Consensus and Cooperation Among 25 Public Agencies to Work Together To Build and Maintain a Regional ATMS Project"2002 ITS World Congress - Chicago
10/27/02"Meeting the TEA-21 Reauthorization Challenge: Will System Performance Continue To Be “Gone With The Wind?"'Transportation Research Board, Third National Conference on Transportation Finance
07/25/02"The Growing Reach of Fraud and Abuse Cases"Sierra Sacramento Valley Medicine
05/16/02"Challenging the Regulators"Sierra Sacramento Valley Medicine
12/12/01"The Art of the Deal: Making a Case For Transactional Malpractice Just Got a Lot Easier"The Recorder
12/01/01"T-REX rocks in Colorado"PFI Yearbook 2002
11/26/01"Infrastructure Update: New Design-Build Legislation Targets School Construction"Nossaman Infrastructure
11/01/01"A Critique of FHWA's Proposed Draft Design-Build Regulations"Public Works Financing
10/11/01"Getting It Right: How to Structure Complex Projects to Allocate Risks and Minimize Disputes"ABA Forum on the Construction Industry
09/01/01"Habitat Conservation Plans: Frayed Safety Nets or Creative Conservation Partnerships?"Natural Resources and Environment - Fall 2001
08/25/01"The City of Oakland Amends Its Payphone Permitting Ordinance"On the Line Magazine
05/01/01"The Oakland Payphone Ordinance"On The Line Magazine
05/01/01"The Use of '63-20' Nonprofit Corporations in Infrastructure Facility Development"Nossaman Infrastructure
04/25/01"Swing Sweat, Erasing Firm-Hopping Lawyers' Imputed Knowledge Leaves Clients Hanging in the Balance" San Francisco Daily Journal
03/30/01"Civil Satisfaction -- LITIGATION: Statutory and constitutional limitations may reduce or preclude meaningful recovery from local entities"Daily Journal
03/12/01"Accidents will happen, but how are they defined?"The National Law Journal
03/01/01"Infrastructure Update: Expanding Design-Build in California, New Design-Build Legislation Enacted"Nossaman Infrastructure
01/01/01"Genetics in the Clinic: Clinical, Ethical and Social Issues for Primary Care"Genetics in the Clinic: Clinical, Ethical, and Social Implications for Primary Care, St. Louis, Mosby Inc., 2001.
12/04/00"Bill of Health -- 'TLC Hospitals' seemingly clears up questions on recoupment of Medicare money"California Law Business
12/01/00"The Anti-Kickback Statute Standard(s) of Intent: The Case for a Rule of Reason Analysis"Annals of Health Law, Volume 9 (2000)
11/01/00"A White Male Poster Child for Affirmation"
10/01/00"Coverage Issues Unique to Government Contractors"Journal of Insurance Coverage
08/06/00"Design-Build: An Innovative Approach to Infrastructure Development"Los Angeles Business Journal
02/01/00"Discoverability of Pre-Litigation Expert Appraisal Reports: The Consistent and the Dead "
09/01/99"Building Industry Prevails in San Juan Capistrano Moratorium Litigation"Builder and Developer
07/01/99"By Design"Los Angeles Lawyer
04/01/97"Innovative Contracting Practices for ITS"Task E- Final Report, prepared for the Federal Highway Administration

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