Author Info for Procopio, Cory, Hargreaves & Savitch LLP

Matthew Abbot

The Legal and Practical Challenges of California's Advanced Clean Fleets Regulation

What are the top legal and practical concerns stemming from a key California climate-change initative, its Advanced Clean Fleets (ACF) rule that went into effect in October 2023? This initiative by the California Air Resources…more

Air Pollution, Air Quality Standards, California Air Resources Board, Climate Change, Environmental Policies

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Eva Adel

Time is Running Out to Comply with California’s New Workplace Violence Prevention Law

The deadline is fast approaching for California employers to comply with a new state law on workplace violence. Employers by July 1, 2024, must have in place a workplace violence prevention plan, or WVPP, that covers a long list…more

Cal-OSHA, California, Deadlines, Employee Training, Governor Newsom

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Juan Arau

Corporate Transparency Act Compliance Mandate Reinstated and Filing Deadline Extended

Reporting companies are once again required to comply with the Corporate Transparency Act (CTA) beneficial ownership information (BOI) reporting requirements, although the deadline has been shifted slightly to allow those…more

Anti-Corruption, Anti-Money Laundering, Appeals, Beneficial Owner, Business Entities

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Richard Barton

When Hospital Medical Staff Applications Seek Mental Health History of Practitioners

The core responsibilities of hospitals and their medical staffs are the promotion of patient safety and the quality of care rendered to patients in the hospital. Federal and state law require that medical staffs evaluate the…more

American Medical Association, Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Department of Justice (DOJ), Disability Discrimination

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Robert Brown

Federal Corporate Transparency Regulations Now in Effect, Impacting Many U.S. Companies

Many U.S. companies are now subject to a bipartisan federal law that aims to boost corporate transparency and counter illicit activities within the United States. As of January 1, 2024, regulations implementing the Corporate…more

Anti-Money Laundering, Anti-Terrorism Financing, Beneficial Owner, Corporate Transparency Act, Financial Crimes

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Steven Casselberry

California Appellate Court Invalidates the Ability to Obtain Default Interest on Loans That Have Not Matured

When a late fee is assessed upon the entire principal balance of the loan, is it invalid when the loan is not fully matured? This question, so important to lenders, has been addressed in California after the conclusion of state …more

Appellate Courts, Attorney's Fees, California, Late Fees, Lenders

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Julia Choi

Is Your School Ready for the New Recess Rules?

Starting in the upcoming 2024-25 school year, new requirements are going into effect for elementary school recess in California, including at charter schools. These changes will impact public schools that offer recess in…more

California, Charter Schools, Coronavirus/COVID-19, Education Code, Peer-to-Peer

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David Crawford

New Requirements Have Been Imposed on Some California Property Owners Renting Out Commercial Space

Learn How SB 1103 Could Impact You - Although the parties to commercial leases in California have historically had the freedom to bargain over nearly all terms of a lease with little statutory restraint, a law that came into…more

California, Commercial Leases, Commercial Tenants, Disclosure Requirements, Landlords

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Kevin Davis

A Guide To Brown Act Changes Starting January 1, 2023

The Legislature passed three bills in 2022 that made changes to the Ralph M. Brown Act (“Brown Act”) effective January 1, 2023, summarized below. The Brown Act requires meetings of a local public agency’s governing body to be…more

Amended Legislation, Board Members, Charter Schools, Coronavirus/COVID-19, Public Agencies

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Meg Dawson

New Class Action Litigation Aimed at Website Chat Features

Imagine you’re the CEO of a Midwest-based company operating an e-commerce website. You just attended the monthly sales and marketing presentation, and are pleased with the customer satisfaction and sales revenue numbers since…more

California, Class Action, Consent, Invasion of Privacy, Privacy Policy

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Dennis Doucette

Many Private Entities Face New Federal Reporting Requirements

Many private companies will be subject to new federal reporting regulations at the start of 2024, risking civil or possibly criminal penalties for noncompliance. Under the Corporate Transparency Act (the Act), certain businesses…more

Beneficial Owner, Corporate Transparency Act, Financial Crimes, FinCEN, Foreign Jurisdictions

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Edsell Eady Jr.

Charter School Bonds Under Scrutiny

SEC to Charter Schools: Avoid these risks when you engage your financing team - If you’ve financed a school facility – or you’re thinking about it – the SEC is watching (out for) you and the financing team you hire. They’ve…more

Charter Schools, Disclosure Requirements, Enforcement Actions, Failure To Disclose, Fee-Splitting

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Jeremy Edwards

Clarifying the Interplay of Patent Term Adjustment and Obviousness-Type Double Patenting: In Re Cellect

Patent practitioners of all stripes should take heed of the recent decision by the U.S. Federal Circuit in In re Cellect. The decision has direct implications for strategies in patent portfolio management, patent prosecution,…more

Obviousness, Obviousness-Type Double Patenting (ODP), Patent Litigation, Patent Portfolios, Patent Term Adjustment

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William Eigner

8 Steps to Take Before a Successful M&A Exit

Most entrepreneurs dream of someday selling their company. There are several steps they should be taking well in advance to ensure a profitable exit. Procopio Partner Bill Eigner identified 8 key steps business owners should…more

Audits, Business Ownership, Business Strategies, Buyers, CEOs

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Ashley Fasano

[Event] 2023 Labor & Employment Seminar - October 26th, San Diego, CA

Calling all California Employers: Get ready to elevate your workplace game! It's that time of year again, and Procopio is back with a bang to present our much-awaited Annual Labor and Employment Seminar with timely, informative…more

California, Continuing Legal Education, Employer Liability Issues, Employment Litigation, Employment Policies

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Victor Felix

Powerful Remedies Against Trade Secret Misappropriation Abroad Appear Here to Stay

It has now been two years since a U.S. district court issued a ruling providing an additional avenue for U.S. trade secrets owners to take legal action against alleged misappropriation abroad. The decision in the Northern…more

Defend Trade Secrets Act (DTSA), Extraterritoriality Rules, Foreign Defendants, Intellectual Property Protection, International Trade Commission (ITC)

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Jason Femrite

The Current Landscape for Private Equity Investment: What Entrepreneurs Need to Know

What do entrepreneurs looking for private capital investment need to know in today’s economic climate? Procopio Mergers & Acquisitions and Strategic Joint Ventures co-leader Jason Femrite dove into that topic in a Q&A with Craig…more

Capital Markets, Community Banks, Debt, Economic Growth, Entrepreneurs

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Pedro Corona de la Fuente

Deadline Approaching for Some U.S. Companies with Foreign Direct Investment to File with BEA

Every five years, U.S. companies in which a foreign person or entity holds an ownership interest with a right to vote, representing 10% or more of the company’s equity, are required to file a form with the U.S. Bureau of…more

BEA, Benchmarks, Bureau of Economic Analysis, Filing Deadlines, Foreign Direct Investment

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Renee Gabbard

Considerations for Taxable Estate Owners with a Beneficial Tax Provision Possibly Expiring

A key benefit to families with taxable estates may be about to go away. The Tax Reform Act of 2017 incorporated numerous tax reductions into U.S. law, with one significantly increasing the ability of taxable estate owners to…more

Beneficiaries, Closely Held Businesses, Estate Tax, Generation-Skipping Transfer, Gift Tax

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Jeffery Garofalo

[Webinar] 3rd Annual Construction Forum - November 15th, 10:00 am - 4:00 pm PT

Don’t miss Procopio’s 3rd Annual Construction Forum webinar on Wednesday, November 15, 2023, an informative half-day program focused on the most pressing California construction law issues facing contractors, developers and…more

Best Practices, California, Construction Contracts, Construction Disputes, Construction Industry

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Noel Gillespie

How IP Can Fuel Your Startup's Growth

A startup's intellectual property portfolio can be the difference between success and failure, fueling growth and maximizing an exit. This webinar breaks down the different types of IP that can be of value to startups–including…more

Acquisitions, Business Development, Copyright, Intellectual Property Protection, Investment

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Helen Goldstein

Eleven Concepts Business Teams Need to Know About Indemnification and Protection in Private Company M&A: Cutting Through the Jargon

Privately held businesses are rarely bought or sold “as is.” Buyers of most businesses usually expect the sellers to make a comprehensive set of “representations” or “reps.” In other words, statements about the business that the…more

Acquisition Agreements, Acquisitions, Buyers, Contract Terms, Disclosure

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Theodore Griswold

Latest U.S. Supreme Court Decision a Setback for Native Tribes and Their Rights

In a highly unwelcome decision for Native tribes relying on treaties with the U.S. government, the U.S. Supreme Court held recently that the government’s general trust obligation to Navajo Nation does not require the federal…more

Arizona v Navajo Nation, Natural Resources, Navajo Nation, SCOTUS, Tribal Lands

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Marina Gruber

[Webinar] 2024 Construction Law Forum - October 16th, 10:00 am PT

We invite you to attend a complimentary virtual event hosted by Procopio’s Construction & Infrastructure Law attorneys, along with guest industry experts, on Wednesday, October 16, 2024. This engaging half-day program will…more

Best Practices, California, Change Orders, Construction Contracts, Construction Industry

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Elaine Harwell

California Advancing Regulations for AI, Other Cybersecurity Issues

California continues to push beyond other states in developing and implementing privacy and cybersecurity regulations. The latest evidence came from the recent release of draft regulations from the California Privacy Protection…more

Artificial Intelligence, Audits, Automated Decision Systems (ADS), Biometric Information, California

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Enrique Hernandez-Pulido

Understanding Tariffs and Strategies for Mitigating Their Impact

In recent months, tariffs have become a significant concern for businesses importing goods, particularly in relation to trade agreements between the U.S., Mexico, and Canada, as well as with other countries. The U.S. government…more

Canada, Imports, International Tax Issues, International Trade, Mexico

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Ernest Huang

Nearshoring is Expected to Increase: What are the Patent Challenges for IP Owners?

The new U.S. administration’s interest in tariffs has put the process of nearshoring front and center. What is nearshoring? That’s when goods are sent into the U.S. tariff-free from a country with a free trade agreement and a…more

Canada, Free Trade Agreements, Intellectual Property Protection, International Trade, Mexico

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Stephen Isbell

California Appellate Court Invalidates the Ability to Obtain Default Interest on Loans That Have Not Matured

When a late fee is assessed upon the entire principal balance of the loan, is it invalid when the loan is not fully matured? This question, so important to lenders, has been addressed in California after the conclusion of state …more

Appellate Courts, Attorney's Fees, California, Late Fees, Lenders

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Paul Johnson

Strategies for Startups at Foundation

Startup founders need to know the key documents for startup formation, entity selection, governance, and operational basics if they want to succeed. Paul Johnson, Procopio's Emerging Company and Venture Capital practice leader,…more

Business Entities, Business Formation, Corporate Governance, Startups, Venture Capital

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Marie Burke Kenny

PAGA Reform Deal Announced by Governor Newsom: Placebo or Panacea?

In a move aimed at balancing the interests of businesses and workers, California Governor Gavin Newsom and legislative leaders unveiled an agreement on June 18, 2024, to reform the Private Attorneys General Act (PAGA). Once…more

Attorney's Fees, Governor Newsom, Injunctive Relief, Labor & Workforce Development Agency (LWDA), Labor Law Violations

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Raph Kim

Pharma-Related Patent Enablement Reaches the Highest Court

The U.S. Supreme Court has agreed to hear a case that is extremely significant for companies that operate in the biotechnology, pharmaceutical, and chemical sectors. At issue in Amgen v. Sanofi is a determination of the…more

Biotechnology, Genus, Inventions, Patents, Pharmaceutical Industry

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Charles Lin

Considerations for Taxable Estate Owners with a Beneficial Tax Provision Possibly Expiring

A key benefit to families with taxable estates may be about to go away. The Tax Reform Act of 2017 incorporated numerous tax reductions into U.S. law, with one significantly increasing the ability of taxable estate owners to…more

Beneficiaries, Closely Held Businesses, Estate Tax, Generation-Skipping Transfer, Gift Tax

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John Lormon

Proposed Legislation Would Transform Solar Adoption and Use for Businesses and Homeowners Across California

A bill recently introduced in the California Assembly presents potentially significant impacts to residential, commercial, and industrial solar system owners who filed interconnection applications before April 15, 2023, known as…more

Breach of Contract, California, Contract Terms, Energy Policy, Investment

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Miku Mehta

[Webinar] 3rd Annual Construction Forum - November 15th, 10:00 am - 4:00 pm PT

Don’t miss Procopio’s 3rd Annual Construction Forum webinar on Wednesday, November 15, 2023, an informative half-day program focused on the most pressing California construction law issues facing contractors, developers and…more

Best Practices, California, Construction Contracts, Construction Disputes, Construction Industry

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John Miles

IRS Has No Statutory Authority to Assess Penalties for IRS Form 5471

The U.S. Tax Court ruled recently that the U.S. Internal Revenue Service has no statutory authority to assess (or collect) civil penalties under IRC §6038(b) for failure to file or filing late IRS Form 5471, “Information Return…more

Civil Monetary Penalty, Foreign Corporations, IRS, Statute of Limitations, Statutory Authority

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Kristen Moran

[Webinar] Mission-Critical Infrastructure: Navigating Risk in Data Center Design and Construction - April 24th, 11:00 am - 12:00 pm PT

What are key legal strategies for managing risk in the fast-evolving world of data center development? In this informative webinar, you'll learn principles of risk allocation, the influence of emerging technologies, common risks…more

AIA Construction Forms, Best Practices, Business Disruption, Construction Contracts, Construction Industry

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Mindy Morton

[Ongoing Program] Session 1: Managing Litigation as In-House Counsel — Best Practices and Strategies - May 20th, 12:00 pm - 1:00 pm PT

Session 1 of a 6-part series with Procopio and ACC San Diego: Best Practices and Strategies In-house counsel are the linchpin of effective litigation management. This session will focus on the best practices for overseeing…more

Best Practices, Business Disputes, Business Litigation, Continuing Legal Education, Corporate Counsel

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John Nelson

Climate Disclosure Obligations for U.S. Companies: A Work in Progress

What obligations might publicly traded companies face in providing the U.S. Securities and Exchange Commission disclosures about climate-related risks? Some clarity emerged on March 6, 2024, when the SEC released its…more

California, Chamber of Commerce, Climate Change, Disclosure Requirements, Environmental Social & Governance (ESG)

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Michael Nolan

[Webinar] 3rd Annual Construction Forum - November 15th, 10:00 am - 4:00 pm PT

Don’t miss Procopio’s 3rd Annual Construction Forum webinar on Wednesday, November 15, 2023, an informative half-day program focused on the most pressing California construction law issues facing contractors, developers and…more

Best Practices, California, Construction Contracts, Construction Disputes, Construction Industry

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Madolyn Orr

Scammers are Seeking to Steal Your Property Using Wild Deeds

Could someone transfer your property ownership away from you without your knowledge? One scam takes advantage of the fact that California County Recorders do not vet the contents of deeds to ensure validity: an individual…more

California, Deeds, Fraud, Homeowners, Land Titles

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Alaina Persinger

California Appellate Court Invalidates the Ability to Obtain Default Interest on Loans That Have Not Matured

When a late fee is assessed upon the entire principal balance of the loan, is it invalid when the loan is not fully matured? This question, so important to lenders, has been addressed in California after the conclusion of state …more

Appellate Courts, Attorney's Fees, California, Late Fees, Lenders

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Laurence Phillips

[Webinar] Mission-Critical Infrastructure: Navigating Risk in Data Center Design and Construction - April 24th, 11:00 am - 12:00 pm PT

What are key legal strategies for managing risk in the fast-evolving world of data center development? In this informative webinar, you'll learn principles of risk allocation, the influence of emerging technologies, common risks…more

AIA Construction Forms, Best Practices, Business Disruption, Construction Contracts, Construction Industry

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Greta Proctor

Federal Court Vacates 2024 Title IX Regulations: What Does This Mean for California Charter Schools?

On January 9, 2025, a federal court in Kentucky vacated the 2024 Title IX regulations that had been adopted by the U.S. Department of Education and which have been in effect since August 1, 2024. (Tennessee v. Cardona (E.D. Ky…more

California, Charter Schools, Civil Rights Act, Compliance, Department of Education

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Robert Ramos

Threat to Many Patent Portfolios Fades as USPTO Withdraws Controversial Proposed Rule

Facing strong opposition from a rare alliance of the pharma and tech industries as well as past agency leaders, the U.S. Patent and Trademark Office (USPTO) has withdrawn a proposed new rule directed at Terminal Disclaimer…more

Corporate Counsel, Life Sciences, Obviousness-Type Double Patenting (ODP), Patent Applications, Patent Portfolios

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Daniel Rockholt

San Diego City Council Takes Action to Support Housing Development

In response to San Diego’s current housing shortfall and related socio-economic conditions, the City Council has approved several changes to the city’s existing Complete Communities infill development initiative. These changes…more

Accessory Dwelling Units (ADUs), California, City Councils, Housing Developers, Impact Fees

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Mary Salamone

Progressive Design-Build Takes Another Step Forward in California

Legislators have gradually expanded local agencies’ authority to procure construction projects over the last couple of decades by using various alternatives to the design-bid-build delivery method, which requires that contracts…more

Construction Contracts, Construction Industry, Construction Project, Design-Build, Governor Newsom

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Tiffany Salayer

[Webinar] 3rd Annual Construction Forum - November 15th, 10:00 am - 4:00 pm PT

Don’t miss Procopio’s 3rd Annual Construction Forum webinar on Wednesday, November 15, 2023, an informative half-day program focused on the most pressing California construction law issues facing contractors, developers and…more

Best Practices, California, Construction Contracts, Construction Disputes, Construction Industry

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Neil Salyards

Trademark Practice Considerations Following the USPTO 2025 Fee Increases

The U.S. Patent and Trademark Office (USPTO) could see fewer trademark applications filed in numerous Classes with lengthy descriptions of goods and services as a result of an increase in trademark fees and new surcharges that…more

Compliance, Fees, Filing Fees, Intellectual Property Protection, Legal Technology

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Alexandra Selfridge

Understanding Business Interruption Insurance: What Those Impacted by the LA Fires Need to Know

The recent fires in Los Angeles have left many businesses grappling with significant disruptions. For business owners, navigating the aftermath of such a catastrophe often includes understanding how their insurance policies,…more

Business Interruption, Business Losses, Claim Limitations, Commercial Insurance Policies, Denial of Insurance Coverage

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Robert Sloss

[Webinar] Mission-Critical Infrastructure: Navigating Risk in Data Center Design and Construction - April 24th, 11:00 am - 12:00 pm PT

What are key legal strategies for managing risk in the fast-evolving world of data center development? In this informative webinar, you'll learn principles of risk allocation, the influence of emerging technologies, common risks…more

AIA Construction Forms, Best Practices, Business Disruption, Construction Contracts, Construction Industry

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William Smelko

Pragmatic Steps in Response to Silicon Valley Bank’s Collapse to Potentially Mitigate Concerns

The unexpected collapse into Receivership of Silicon Valley Bank (SVB) is having a significant, disruptive affect in many areas of commerce. It creates any number of actual and potential problems and concerns for depositors and…more

Borrowers, Department of Financial Protection and Innovation (DFPI), FDIC, Lenders, Receivership

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Erica Spence

Artificial Intelligence the Focus of New USPTO Patent Examiner Guidance

The burgeoning artificial intelligence (AI) sector received a boost late last year with President Biden’s “Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence.” It directed the…more

Artificial Intelligence, Innovative Technology, Intellectual Property Protection, Inventions, Inventors

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Denise Stich

Scammers are Seeking to Steal Your Property Using Wild Deeds

Could someone transfer your property ownership away from you without your knowledge? One scam takes advantage of the fact that California County Recorders do not vet the contents of deeds to ensure validity: an individual…more

California, Deeds, Fraud, Homeowners, Land Titles

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Sean Sullivan

Ninth Circuit Expands Specific Jurisdiction in E-Commerce: What Briskin v. Shopify Means for Online Businesses

The Ninth Circuit sitting en banc has greatly expanded the reach of personal jurisdiction by holding that e-commerce companies can be sued in any state where their platforms interact with users, even without differential…more

California, Class Action, Consumer Privacy Rights, Data Collection, E-Commerce

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Eric Swenson

IRS Has No Statutory Authority to Assess Penalties for IRS Form 5471

The U.S. Tax Court ruled recently that the U.S. Internal Revenue Service has no statutory authority to assess (or collect) civil penalties under IRC §6038(b) for failure to file or filing late IRS Form 5471, “Information Return…more

Civil Monetary Penalty, Foreign Corporations, IRS, Statute of Limitations, Statutory Authority

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Andrea Sánchez Tapia

Federal Corporate Transparency Regulations Now in Effect, Impacting Many U.S. Companies

Many U.S. companies are now subject to a bipartisan federal law that aims to boost corporate transparency and counter illicit activities within the United States. As of January 1, 2024, regulations implementing the Corporate…more

Anti-Money Laundering, Anti-Terrorism Financing, Beneficial Owner, Corporate Transparency Act, Financial Crimes

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Max Terhar

[Webinar] 2024 Construction Law Forum - October 16th, 10:00 am PT

We invite you to attend a complimentary virtual event hosted by Procopio’s Construction & Infrastructure Law attorneys, along with guest industry experts, on Wednesday, October 16, 2024. This engaging half-day program will…more

Best Practices, California, Change Orders, Construction Contracts, Construction Industry

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Jennifer Trowbridge

Understanding FinCEN’s New AML/CFT Rule for Investment Advisers

What You Need to Know Before January 1, 2026 - Certain registered investment advisers (RIAs) and Exempt Reporting Advisors (ERAs) will face new federal compliance and filing requirements in the new year. Starting January 1,…more

AML/CFT, Anti-Money Laundering, Exempt Reporting Advisers (ERAs), Filing Requirements, FinCEN

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Wendy Tucker

California Employers, Start the New Year Right: Act on Noncompete Provisions by February 14!

With the new year, California employers face a changed legal landscape that impacts noncompete agreements with employees, with some new legal requirements having a short deadline for personalized communications to certain…more

California, Corporate Counsel, New Legislation, Non-Compete Agreements, Notice Requirements

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Gabriela Turner

Key Considerations When Licensing Intellectual Property

Maybe you’re seeking new revenue streams. Perhaps you’re hoping to enter new markets. Or you feel that your best path at growth is through a strategic partnership. Whatever the reason, there are many times when entrepreneurs…more

Entrepreneurs, Intellectual Property Protection, License Agreements, Licenses, Startups

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Merrick Wadsworth

Federal Court Vacates 2024 Title IX Regulations: What Does This Mean for California Charter Schools?

On January 9, 2025, a federal court in Kentucky vacated the 2024 Title IX regulations that had been adopted by the U.S. Department of Education and which have been in effect since August 1, 2024. (Tennessee v. Cardona (E.D. Ky…more

California, Charter Schools, Civil Rights Act, Compliance, Department of Education

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Lianlian Wu

New Export Restrictions to Russia: What You Need to Know

In response to the Russian Federation’s further invasion of Ukraine, the Biden Administration issued a sweeping series of new export control measures on technology and products against Russia and Russia-related entities…more

Biden Administration, Bureau of Industry and Security (BIS), Commerce Control List, ECCNs, Economic Sanctions

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Xiaofan Yang, PhD

3 Keys to Successful Corporate Collaborations

Challenges arise any time two commercial entities seek to engage in a collaborative partnership. It is for that very reason that including an attorney team experienced in technology transactions, licensing, and intellectual…more

Business Entities, Collaboration, Intellectual Property Protection, Legal Technology, Partnerships

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