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  • 5 Steps to Recognizing and Stopping Workplace Bullying

    By Procopio Partner and Labor & Employment Practice Group Leader Marie Burke Kenny As employers across the economic landscape seek to operate at peak efficiency, they are increasingly held accountable to meet demanding performance goals. As a result, employees at every level are experiencing increased tension and uncertainty. That can naturally lead to workplace tension and sometimes even bullying. No matter the circumstances, bullying should never be tolerated.  In today’s wor...

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  • 5 Steps to Keeping Your Trade Secrets Secret

    By Procopio Partner Mindy M. Morton A high-stakes trial that began this week between ride-sharing market leader Uber and self-driving car designer Waymo is front-page news. We frequently see patent and copyright cases in the headlines, but this is a trade secret case, which infrequently achieve such a high profile. What many people don’t realize, however, is that trade secrets are vital to the U.S. economy. According to the Office of the National Counterintelligence Executive, companies...

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  • Recreational Marijuana Use is Now Legal in California: How Does That Impact Employers?

    By Procopio Associate Annie Macaleer It’s now legal under California law to engage in recreational marijuana use, and it’s safe to assume that some of your employees are taking advantage of the newly enacted law. How does that impact your ability to monitor existing employees and screen potential applicants? Not as much as you might think. It does, however, present a big challenge for many employers to ensure employees and applicants understand that, while certain aspects of state law...

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  • Should You Form a Social Purpose Corporation?

    In the current climate of consumer activism, companies are trying to find ways to show their commitment to principles beyond the financial bottom line. California law provides for “social purpose corporations,” creating a legal structure for companies that are for-profit, and yet want to pursue social and community goals as well. This article describes some of the advantages and disadvantages of forming a company as a California social purpose corporation. Advantages • Legal pro...

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  • 3 Proactive Steps Lenders Should Take In Light of a Recent Appellate Panel Ruling

    By Procopio Of Counsel William A. Smelko Experience teaches that not every loan recipient will repay the lender in a timely fashion. Lenders commonly make use of third-party collection agencies when a loan falls significantly into arrears. In light of a recent decision by the 9th Circuit Bankruptcy Appellate Panel, however, it is more critical than ever for lenders to be cognizant of the letter of the law when it comes to interacting with a debtor who has filed for bankruptcy or received ...

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  • What Do Sexual Harassment and Taxes Have in Common?

    By Procopio Partner Phillip L. Kossy While you might think this continues with a joke about walking into a bar, the truth is that the current cultural/legal upheaval surrounding sexual harassment and misconduct and the just-enacted tax reform bill actually do intersect in at least one direct way — buried in Section 13307 of the “Tax Cuts and Jobs Act,” located on page 206 of 503. Section 13307 of the new legislation amends Section 162 of the Internal Revenue Code pertaining to ...

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  • Wage Law Liability Risks Increase for General Contractors in 2018

    By Procopio Partner Laurence R. Phillips and Associate Stephenie M. Alexander All general contractors need to be aware that, as of January 1, 2018, California Labor Code Section 218.7 imposes liability for a subcontractor’s failure to pay wages and fringe benefits to its employees. Under this revision in the law, a “direct contractor” (i.e., a contractor that has a direct contractual relationship with an owner) who enters into a contract for the “erection, construction, alteration...

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  • 6 Key Considerations When Selling Your Privately Held Company

    By Procopio Partner Matthew D. Short In today’s seller-friendly business environment, buyers are eager to snatch up hot companies, and are willing to pay top dollar. If you’re looking to sell your privately held company, there are six key considerations to keep in mind that should increase your sales price, put more proceeds in your pocket after the sale, make the sale process flow smoothly, and maximize your work opportunities once the sale is completed. 1. Properly Assemble Your...

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