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Government Code 1090 Challenges by Third Parties Clarified and Limited by California Supreme Court

The California Supreme Court has ruled that third parties (private citizens, taxpayers, watchdog groups, etc.) do not have legal standing to sue public agencies to invalidate contracts allegedly made in violation of Government Code section 1090.

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Court Rules that Second Contract with the Same Vendor Did Not Create a Conflict of Interest

A recent California Appellate Court ruling has determined that a public entity's award of a second contract to a construction firm did not create a conflict of interest even though it related to an earlier contract between the parties.

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California Passes New Law To Increase Protection And Safety Of Special Education Students In Nonpublic Schools

Governor Gavin Newsom signed Assembly Bill (AB) 1172 this fall, which imposes additional requirements upon nonpublic schools (NPSs), as well as the local educational agencies (LEAs) that place students in NPSs, in order to increase the safety and protection of students in NPS placements.

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Student Newspaper Sues University After All Print Media Is Defunded Following The Publication Of A Satirical Article

A University of California San Diego (UCSD) student newspaper, The Koala, brought suit against UCSD officials alleging that they defunded all print media in violation of the First Amendment.

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New State Laws Aimed At Protecting LGBTQ Students And Students Who Are Pregnant Or Parenting

Assembly Bills (AB) 493 outlines new requirements for school districts, county offices of education, and charter schools to train certificated employees, serving in grades 7 to 12, to support Lesbian, Gay, Bisexual, Transgender, Queer, and Questioning (LGBTQ) youth.

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Data Breach Notification Law Gets Updates With Important Implications

Data breaches are all but inevitable and occur in all types of organizations. Public entities are no exception, with cyber criminals increasingly targeting the wide-range of sensitive information they maintain (e.g., student data, resident data, confidential government infrastructure data, etc.).

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In An Historic Move, California Paves Way For Public Banks

Effective January 1, 2020, local agencies will be allowed to create their own public banks. Assembly Bill (AB) 857, known as California's Public Banking Act, allows local agencies and/or joint powers associations to organize nonprofit mutual benefit corporations for the purpose of engaging in the banking business.

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Charter Cities Bound By More General Law

A recent ruling of the Sixth District Court of Appeal found that a charter city, the City of San Jose, must abide by the California Surplus Land Act.

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Appellate Court Refuses To Enforce An Indemnity Provision Included In Consultant Agreement It Considers To Be Unfair To Consultant Plaintiffs

On December 9, 2019, the Appellate Court filed its decisions inLong Beach Unified School District v. Margaret Williams LLC, holding that an indemnity provision included in a consultant agreement between the parties was unfair and therefore inapplicable to claims brought by the consultant, Margaret Williams, or her consultant company, Margaret Williams LLC, against the District.

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