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  • California Businesses Face New Organic Waste Mandates in 2022

    By John Lormon and Matt Abbot Since 2006 California has aggressively pursued establishment of economy-wide greenhouse gas (GHG) reduction programs. One recent program is aimed at reducing the release of methane gas from landfills through mandated diversion of business-generated organic waste. Local government jurisdictions are required to adopt new enforceable ordinances to implement this organic waste program by January 1, 2022. These ordinances will immediately impact commercial busines...

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  • Upcoming Board Diversity Deadlines and Steps to Take to Ensure Compliance

    By Dennis Doucette and Kaitlyn Jensen Public companies in California face increasing requirements to increase diversity on their corporate boards. A California law focused on increasing the number of female directors is ramping up its mandate to include other underrepresented groups, and Nasdaq has separately begun implementing broader diversity mandates for boards of its listed companies. We’ll walk you through the various requirements and their deadlines. California-headquartered ...

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  • U.S. Government Contractors Face Increased Risk of Cybersecurity Enforcement

    By Robert Marasco and Elaine Harwell The U.S. Department of Justice (DOJ) recently announced it will, yet again, use the False Claims Act as a sword instead of a shield, this time to target government contractors and grant recipients the government deems to lack sufficient cybersecurity. The False Claims Act, first passed by Congress in the wake of the Civil War to protect the U.S. government from efforts to defraud it, is now wielded by the government in an ever-expanding manner as an e...

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  • Time to Update Title IX Policies and Training

    By Greta Proctor and Rahul Reddy For schools that have not yet updated their Title IX policies to incorporate the 2020 amendments, it is time to do so. Feel free to reach out to us for a refresher regarding what is required under the new regulatory scheme, including updates to your school’s Title IX grievance procedures, mandatory trainings, and new postings. All educational institutions (both K-12 and higher education) that receive any federal funds are required to comply with Titl...

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  • Federal Relief Funds Available Now to Indigenous Communities

    By Procopio Associate Summer Carmack The coronavirus pandemic has wreaked significant economic damage to Indian Tribes and Native communities across the United States. Recognizing this problem, the federal government is distributing $100 million in recovery funds directly to Indigenous communities. Eligible Tribal entities can apply for funds to address a wide array of economic needs, including infrastructure, health care, and education projects. The $100 million is part of the $3 bil...

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  • What the Construction Industry Needs to Know About Cyber Insurance

    By Procopio Senior Associate Alexandra “Sasha” Selfridge When people hear about cyberattacks, they often think about data breaches, where confidential, sensitive, or protected information is released to an unauthorized person. That is only one type of cyber loss and one portion of the cyber coverage available on today’s market. As cyberattacks evolve, so has cyber insurance coverage. Two of the most common cyber risks for the construction industry are: (1) social engineering fra...

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  • Lawmakers Get Creative: Recent Housing Legislation Acknowledges the Challenges of Zoning and CEQA and Attempt to Move the Housing Needle

    By Justine K. Nielsen and Katherine McComic Two key bills focused on giving California homeowners greater power to become small-scale developers of middle-income housing could significantly impact real estate development across the state and particularly in San Diego. The two bills, SB 10 (Senator Wiener) and SB 9 (Senator Atkins), were signed into law by Governor Gavin Newsom on September 16, 2021. While SB 10 gives cities and counties the option to up-zone certain qualifying pro...

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  • AB 361 Extends Virtual Board Meetings, With Conditions

    By Procopio Partner Greta A. Proctor California’s Ralph M. Brown Act has been amended to allow fully virtual board meetings during a state of emergency after the Governor signed Assembly Bill 361 into law on September 16, 2021. The new law comes as local public agencies were preparing for the expiration of Executive Orders that currently allow virtual board meetings.  AB 361 goes into effect immediately, and it amends Section 54953 of the Brown Act to allow virtual board meetings t...

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  • Don’t Just Hide Your Best Mode and Call It a Trade Secret

    By Procopio Partner Raymond K. Chan Claims of trade secret misappropriation have become increasingly prevalent in prominent intellectual property disputes, which had previously focused on patent infringement.  For example, Masimo sued Apple last year in the district court for the Central District of California, alleging that Apple misappropriated its trade secrets and infringed its patents on pulse oximetry, the photometric measurement of oxygen saturation in the blood. Masimo recent...

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  • California Supreme Court Clarifies and Limits State’s “Prevailing Wage” Law

    By Procopio Partners Tyler Paetkau and Laurence Phillips Two important decisions issued by the California Supreme Court are of great significance and should come as good news to public works construction contractors, subcontractors and suppliers operating in the state, as they clarify and limit the scope of California’s “prevailing wage” law. The decisions should have an immediate impact on the bidding of public works projects, administering certified payroll on current projects, an...

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