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  • Why You Should Think Twice Before Withholding Payment From Your Subcontractor

    By Procopio Associate Katlyn L. Gregg As anyone involved in even the most straightforward construction project is aware, payment disputes frequently arise between contractors.  If you are in the middle of the payment dispute, it may seem practical to withhold all payment to the subcontractor until the dispute is resolved.  However, a recent holding by the California Supreme Court demonstrates the danger in failing to timely pay a subcontractor for all amounts that are undisputed...

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  • NAFTA May Be Replaced by USMCA: What Would That Mean for Your Taxes?

    By Juan D. Arau and Anuar Estefan On September 30, 2018, representatives from Canada, Mexico and the United States of America (the “U.S.”), announced that after thirteen months of intense negotiations, the three countries reached a preliminary agreement. This agreement revises the terms of the North American Free Trade Agreement (“the NAFTA”). The full text of the proposed agreement was published by the U.S. government on October 1, 2018, under the name The United States – M...

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  • Significant New Patent Office Rule Reshapes Strategic Approaches to Patent Claim Challenges

    By Procopio Partner Miku H. Mehta In a significant decision that promises to impact strategic thinking in patent claim challenges, the U.S. Patent and Trademark Office (USPTO) will soon adopt the same reading of claims in Patent Trial and Appeal Board (PTAB) post-grant proceedings as that used in federal district court. Any inter partes review (IPR), post-grant review (PGR) or covered business method patent review (CBM) filed with PTAB on or after November 13, 2018, will be subject to the...

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  • What You Need to Know about California's New Prescription Drug Monitoring Program

    By Procopio Partner Richard D. Barton and Associates Rachael A. Harrington and Julian J.G. Lean A new prescription drug monitoring program is going into effect that will impact many health care institutions and professionals. Effective October 2, 2018, as a result of the implementation of California Senate Bill 482, practitioners must, with limited exception, review the prescription history of their patients no more than 24 hours prior to prescribing a Schedule II, III, or IV drug for ...

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  • WHAT ERRORS ARE CORRECTABLE? INTENT-TO-USE TRADEMARK APPLICATIONS PART 3

    By Procopio Partner Pattric J. Rawlins and Associate Rosie Kim You understand the importance of securing trademark protection for your product or service, and you’ve submitted an intent-to-use application or registered your brand as a trademark. But perhaps, in reading Part 1 and Part 2 of our three-part series, you’ve realized that you may have erred somewhere along the way in one of your own trademark applications. The good news is that some errors are correctable. Where an error is...

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  • Small-Cap Public Companies Gain Compliance Relief Under New SEC Rule Changes

    By Procopio Attorney Christopher L. Tinen The U.S. small-cap public market will receive some welcome relief from certain securities disclosure requirements when new rules implemented by the Securities and Exchange Commission (SEC) go into effect on Monday, September 10, 2018. The small-cap market is traditionally full of companies that are either newly public (via an initial public offering or other “going public” transactions) or low-revenue companies looking to mature into highe...

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  • How Increasing Federal Circuit Patent Scrutiny Under 35 USC 112 Impacts Applicants and Owners

    By Procopio Partner Miku H. Mehta A recent decision by the Court of Appeals for the Federal Circuit provides new evidence of an increasing scrutiny of the claims and specifications for patents and pending applications under 35 USC 112, particularly with respect to enablement. This Federal Circuit trend, occurring simultaneously with a similar increase in focus on enablement by the U.S. Patent and Trademark Office, potentially impacts the survivability of many patent claims in current and ...

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  • New Export License Conditions Have Been Imposed by the U.S. Government: What You Need to Know

    By Procopio Senior Associate Michael C. Jones A significant new obligation has been applied by the U.S. government on many exporters, but it’s entirely likely those companies are unaware that this obligation is being provided on the face of granted licenses. In working with the U.S. Department of Commerce’s Bureau of Industry and Security (BIS), we’ve learned of a new mandatory license condition requirement being attached to all deemed export licenses issued going forward beginning ...

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  • 3 Things to Consider When Offering an Employer-Sponsored Wellness Plan or Activity

    By Procopio Attorney Amber Gardina-Quintanilla Corporate wellness programs such as smoking cessation, weight loss, and fitness activities can be great ways to build employee morale, improve the overall fitness of employees, and cut costs associated with health problems that can be caused by inactivity. However, an employer that implements these programs poorly could face liability for a range of problems, from personal injury to privacy violations. Keeping three simple guidelines in mind ...

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  • Is Your Trademark Application Assignment Proper? Intent-To-Use Trademark Applications, Part Two

    By Procopio Partner Pattric J. Rawlins and Associate Rosie Kim You understand the importance of protecting your new product or service with a trademark, and thanks to our Part One article on the subject, you also learned several keys to filing an application with the U.S. Patent and Trademark Office (USPTO) that outlines your intent-to-use the mark. It’s equally important to ensure that you’ve listed the right “Applicant” on that intent-to-use trademark application, and we’ll di...

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