Presenters: Partners Tobias Tobler and Alison Benge

Wednesday, February 26, 2025

10:00-11:00am Pacific Time

Please use this link to register.

Looking Ahead

Keep an eye out for future PacificaU public finance presentations in 2025, including:

Bonds 201: Securities Law

A review of the antifraud and other securities law requirements applicable to municipal bonds. Includes an update on recent Securities and Exchange Commission enforcement proceedings, and a refresher on compliance procedures. This session also is intended to satisfy compliance procedures that require periodic securities law training. Date and time TBD.

Bonds 201: Tax Compliance

A review of the federal tax requirements that apply to tax-exempt governmental bonds. Includes discussion of arbitrage requirements and private use limitations, an update on post-issuance tax compliance requirements, and a refresher on compliance procedures. This session also is intended to satisfy compliance procedures that require periodic tax law training. Date and time TBD.

Ballot Measures

A review of state laws and regulations that govern bond and levy propositions by school districts and other municipalities. Includes discussion of the Public Disclosure Commission’s guidelines and restrictions on the use of public facilities and resources in election campaigns. Date and time TBD.

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*Note: If you would like a training on any bond-related topic for your entity, please reach out to Mia Wiltse, mia.wiltse@pacificalawgroup.com.

2024 Public Finance Seminars: A series of primers and compliance trainings for state and municipal bond issuers (CPA/CLE pending).

Trainings provided in a hybrid format to allow for both in person and Zoom attendance. Lunch or reception to follow, for those attending in person.

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Bonds 101: A municipal bond primer. Overview of municipal bond types, debt limits and other Washington state law requirements, federal tax requirements and federal securities law considerations. A primer for staff or elected officials new to bond transactions or a helpful refresher of key considerations for those with bond experience. (Deanna Gregory, Katherine Van Gunst); February 29, 10:00-11:00 a.m., followed by coffee reception)

Bonds 301: IRS Audits and Information Requests. A work session focusing on the records requested by the IRS in connection with information requests and audits of tax-exempt bonds. Review of IRS protocols and recent trends. Practical steps to take now, and immediately upon receipt of a request. (Alison Benge, Stacey Lewis); March 14, 2024, 10:30 a.m.-12:00 p.m.

Bonds 201: Securities law. A review of the antifraud and other securities law requirements applicable to municipal bonds. Includes an update on recent Securities and Exchange Commission enforcement proceedings, and a refresher on compliance procedures. This session also is intended to satisfy compliance procedures that require periodic securities law training. (Stacey Lewis, Toby Tobler); To be scheduled.

Bonds 201: Tax compliance. A review of the federal tax requirements that apply to tax-exempt governmental bonds. Includes discussion of arbitrage requirements and private use limitations, an update on post-issuance tax compliance requirements, and a refresher on compliance procedures. This session also is intended to satisfy compliance procedures that require periodic tax law training. (Alison Benge, Katherine Van Gunst); To be scheduled.

*Note: please let us know if you would like a training on any bond-related topic for your entity.

To register, contact Mia Wiltse for information: Mia.Wiltse@pacificalawgroup.com

The talk, which was moderated by Pacifica partner Zach Pekelis, delved into some of the major cases decided during the 2022-2023 U.S. Supreme Court term. The panelists explored the implications of the term on a wide range of issues, including affirmative action, voting rights, the administrative state, free speech, and anti-discrimination law.

Below are a few key takeaways from the discussion.

The Future of University Affirmative Action

The two consolidated cases on affirmative action, Students for Fair Admissions v. University of North Carolina and Students for Fair Admissions v. President & Fellows of Harvard College, was one of the major decisions discussed by the group. Holding that Harvard College and UNC’s consideration of race as a factor in undergraduate admissions violated the Equal Protection Clause and Title VI of the Civil Rights Act of 1964, the majority signaled its intention to “strike down pretty much all university affirmative action as we know it,” Siegel said.

However, Siegel added, universities that believe that “diversity work is not only constitutionally permissible but, in many ways, constitutionally required,” are not going to “drop that Constitutional vision because of the politics of who ended up on the Court. So there are going to be more rounds of litigating this [issue].”

The First Amendment, Free Speech, and Religious Freedom

Another of the major cases addressed by the panelists was 303 Creative LLC v. Elenis, in which the Court held that the First Amendment’s Free Speech Clause protected the right of a Colorado graphic designer—who opposes same-sex marriage due to her religious beliefs—to refuse to build wedding websites for same-sex couples, trumping Colorado’s laws prohibiting discrimination on the basis of sexual orientation in public accommodations.

Purcell noted that this seemed like a perfect test case for challenges to anti-discrimination laws based on First Amendment claims of free speech. “It was tactically brilliant because [a website] is basically just words that you’re putting online,” Purcell said. But, he noted, “It’s really unclear how far the opinion actually goes and what it means. And there is going to be a ton of litigation about who’s actually bound by this and in what context.”

Abha Khanna on Allen v. Milligan

It was also notable to have firsthand analysis of Allen v. Milligan from Abha Khanna, who argued the case before the U.S. Supreme Court—and won. The case challenged Alabama’s congressional districting plan under Section 2 of the Voting Rights Act (VRA), which prohibits election practices that deny or abridge the right to vote on the basis of race. Alabama’s 2020 congressional map of seven districts included just one Black majority district, even though Black voters made up more than a quarter of the state’s citizens. In a 5-4 decision authored by Chief Justice Roberts, the Court held that Alabama’s map violated VRA Section 2.

In describing the case, Khanna characterized Alabama’s position as representing “the real revolutionary arguments in this case,” because the State tried to claim that Section 2, which became law in 1965, was no longer necessary because Alabama had reached a post-racial era. “Alabama gave the Court several options to do serious damage to the Voting Rights Act,” Khanna explained. “It became clear during oral argument that this Court was not going to be following them down that path.”

The panel also discussed Haaland v. Brackeen, Biden v. Nebraska, and Moore v. Harper during the 90-minute PacificaU program.

About PacificaU

Pacifica Law Group established PacificaU to share our unique skills and expertise with clients, colleagues, and the greater Northwest community. PacificaU programs include trainings and primers in our practice areas; panel discussions and forums about cutting-edge legal issues; and in-house professional development for Pacifica attorneys. Many of our programs are Continuing Legal Education (CLE)-accredited, enabling legal professionals to earn credit towards their CLE requirements.

For more information about PacificaU trainings and events, please follow us on LinkedIn and visit: https://www.pacificalawgroup.com/news-items/pacifica-u/

To view the presentation slides for our May 18, 2023, PacificaU session, Bonds 201: Tax Compliance, click here.

To view the presentation slides for our May 18, 2023, PacificaU sessions, Bonds 201: Securities Law, click here.

To view the presentation slides for our March 2, 2023, PacificaU session, Bonds 101: A Municipal Bond Primer, click here.