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  • Understanding the Reach of California’s Cap-and-Trade Program

    By John J. Lormon and Matthew L. Abbot Greenhouse gas (GHG) emissions regulation continues to intensify across California, impacting companies operating in the state or seeking to do so. Ensuring full regulatory compliance can be quite confusing, often requiring legal counseling. A critical regulatory tool that is economy-wide in its impact is the state’s Climate Change Scoping Plan. The Scoping Plan was initially created in response to Assembly Bill (AB) 32, which required the Cali...

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  • Maintaining a Brewery’s Trade Secrets While Complying with Formula Disclosure Requirements

    By Procopio Partner Sean M. Sullivan The craft beer market is now a multibillion-dollar industry. The historical culture of microbrew collaboration has been tested as the market has matured from weekend hobbyists to intense competitors. Central to any successful brewery is, of course, a good brew. Protecting your brew’s unique proportion and variation of four key ingredients—malted grain (usually barley), hops, yeast and water—as well as other creative flavorings can be the differen...

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  • 9 Steps to Take with Outside Counsel to Keep Your IP Litigation Budget in Check

    By Procopio Partners Lisel Ferguson and Frederick Taylor “Everyone has a plan until they get punched in the mouth.” — Mike Tyson Any in-house counsel who has managed intellectual property litigation knows that even after you receive a budget, there can be significant sticker shock once the bills start coming in. Then it is left to that in-house counsel to break the bad news to the CEO of spiraling litigation costs that could wreak havoc on a company’s bottom line. Some of the ...

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  • Recent Court Decisions Provide Clarity in Disgorgement Disputes with Unlicensed Contractors

    By Procopio Partner Mary A. Salamone Should a contractor in California undertake any construction-related project while failing to be properly licensed at any stage during the project, state law allows the client to recoup all compensation paid to the contractor, even if the client knew the contractor was unlicensed. This draconian action, known as disgorgement, is a severe incentive for contractors to proactively ensure all licenses are valid whenever performing work. Two recent Californ...

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  • The Latest Legal COVID-19 Challenges for Employers

    Answers to Employer Questions Regarding COVID-19 Paid Sick Leave and Extended FMLA Leave After California Senate Bill 95 and the American Rescue Plan Act By Procopio Partner Marie Burke Kenny As employers continued to grapple with employee absences caused by COVID-19, the state of California has imposed further pandemic-related obligations. Governor Gavin Newsom signed into law a bill that requires employers with 25 or more employees to provide COVID-19 supplemental paid sick leav...

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  • Preserve Your Active Trademarks by Understanding and Avoiding New USPTO Fees

    By Procopio Associate Lisa Teixeira Águeda The U.S. Patent and Trademark Office (USPTO) is imposing new fees in an effort to ensure the trademark registrations on the federal register are in use with all of the goods/services listed. If an owner fails to delete or provide proof of use for all the goods/services listed, a fee will be imposed. Ensuring registrations cover only the goods/services in use allows the USPTO to grant new applications and increases the utility of the federal regi...

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  • Responding to a Data Breach? Preserve Your Privilege and Work Product

    By Procopio Partner and General Counsel Carole J. Buckner In a recent opinion that provides important lessons for anyone dealing with a cyber incident, including law firms, the U.S. District Court in the District of Columbia in Wengui v. Clark Hill, PLC  2021 U.S. Dist. LEXIS 5395 (D. D.C. Cir. Jan. 12, 2021) addressed the application of the attorney client privilege and work product doctrine in the context of a data breach investigation involving a law firm. The plaintiff alleged th...

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  • Five Tips for Tribal Employers to Reduce Liability

    By Procopio Associate Racheal M. White Hawk Employment law claims have been on the rise as employers grapple with changes in the workforce due to the COVID-19 pandemic. Tribes act as employers in various capacities, but this article focuses on tribal gaming enterprises as employers. The following are five employment law tips to help tribal gaming operators reduce their employment law liability. Although many federal and state employment laws may not apply to tribes or tribal entit...

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  • Case Study: China Licensing to Save Lives Worldwide

    How an enterprising biotech company was able to advance trials of a promising cancer treatment by inking a critical licensing agreement in Greater China. THE CLIENT: Cend Therapeutics is a clinical-stage biotech company focused on a novel approach to treating solid tumor cancers. Its investigational drug CEND-1 is a cyclic peptide that targets tumors and modifies the tumor microenvironment to enable better penetration of the tumor by anticancer drugs and immunotherapies. THE CHALLENGE...

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  • Obtaining a Patent at Lightning Speed, in as Little as Three Months

    How to Fast Track Your Patent Application with a One-Two Punch Combination! By Procopio Partner Stephen C. Beuerle The average time it takes to obtain a patent at the United States Patent and Trademark Office (“USPTO”) is about 25 months. However, for many startups, obtaining a patent quickly is imperative for attracting needed investment. Waiting for over two years to obtain a patent is not an option. The USPTO has a number of programs for accelerating the time it takes to ob...

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