To: Board of Supervisors
From: Thomas L. Geiger, County Counsel
Report Title: Contract with Nossaman LLP for Specialized Legal Services
Recommendation: Recommendation of the County Administrator
RECOMMENDATIONS:
APPROVE and AUTHORIZE the County Counsel, or designee, to execute, on behalf of the County, a legal services contract with Nossaman LLP, effective September 15, 2026, for specialized eminent domain, inverse condemnation, and real property legal services, as recommended by County Counsel.
AUTHORIZE the County Counsel, or designee, to execute a conflict waiver on behalf of the County allowing Nossaman LLP to represent the County while also representing the Contra Costa County Employees Retirement Association.
FISCAL IMPACT:
For the period September 15, 2026 through December 10, 2026, the County will pay Nossaman LLP at the following rates: Attorney-Blended, $500 per hour; Paralegal, $275 per hour. For the period December 11, 2026 and thereafter, the County will pay Nossaman LLP at the following rates: Attorney-Blended, $525 per hour; Paralegal, $275 per hour.
BACKGROUND:
For over 15 years, Robin L. Thornton has provided the County specialized eminent domain, inverse condemnation, and real property legal services when requested by the County Counsel’s Office. Ms. Thornton has been directly involved with advising the County regarding the Byron Highway Bridge replacement for over three years. Recently, Ms. Thornton left her previous law firm to take a position with Nossaman LLP. A new legal services contract is required to authorize Ms. Thornton to continue to provide legal services on the Byron Highway Bridge replacement project and other specialized real property legal services.
Under this new legal services contract, Nossaman LLP will charge the County the hourly rates specified above for legal services performed by Ms. Thornton and other firm attorneys and paralegals. Expenses the firm incurs will be reimbursed at actual cost. The County Counsel, or designee, and Ms. Thornton may update the list of firm attorneys and paralegals who perform services for the County, as needed, reflecting staffing changes on the matters referred to the firm. The hourly rates may be adjusted only if the firm provides at least 60 days’ advance written notice to the County and the County, through the County Counsel, approves the proposed adjustment in writing.
Nossaman LLP currently represents the Contra Costa County Employees Retirement Association on a variety of litigation and advice matters, some of which implicate the relationship between CCCERA, as fiduciary who administers the retirement system and invests its assets, and the County, as plan sponsor of the retirement system and the largest current and former employer of CCCERA’s members. A conflict waiver has been requested in order for Nossaman LLP to represent the County while also representing CCCERA, although the matters that Nossaman handles for CCCERA are unrelated to the specialized eminent domain, inverse condemnation, and real property legal services provided to the County under this contract.
CONSEQUENCE OF NEGATIVE ACTION:
The legal services contract would not be approved.