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  • California Employers Must Compensate Employees For Time Spent During Exit Searches

    By Procopio Partner Tyler M. Paetkau Yet another wage and hour obligation has been placed on California employers as a result of a recent court decision. On February 13, 2020, the Supreme Court of California held that time spent by retail store employees waiting for and undergoing an employer’s exit search is compensable work time. Friekin v. Apple Inc., 2020 Cal. LEXIS 547 (Feb. 13, 2020, Sup. Ct. Case No. S243805). The Supreme Court issued this decision in response to a certified ques...

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  • How to Avoid California Tax Burdens When Purchasing an Aircraft: Interstate and Foreign Commerce Exemption

    By Procopio Senior Associate Jessica L. Lazur “In this world nothing can be said to be certain, except death and taxes.” No disrespect to Mr. Franklin, but California aircraft owners are fortunate that the assessment of sales and use taxes on the purchases of aircraft by state residents is anything but certain. Anyone in the market for an aircraft should be aware of certain exemptions from the California sale and use tax, in particular one specific exemption, the interstate and foreig...

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  • California Employers Receive Another Reprieve From AB 51’s Ban On Mandatory Arbitration Agreements

    By Procopio Associate Stephenie M. Alexander A federal judge recently granted a preliminary injunction to block the State of California from enforcing AB 51 which prohibits employers from using mandatory arbitration agreements “covered by” the Federal Arbitration Act (“FAA”).   On Friday, January 31, 2020, Judge Kimberly J. Mueller of the United States District Court, Eastern District, issued the injunction for the duration of the court proceedings after previously issui...

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  • How the New U.S.-Mexico-Canada Trade Deal (Mostly) Expands Intellectual Property Protections

    By Procopio Partner Victor M. Felix For the first time in nearly thirty years, the U.S. is entering into a comprehensive new trade agreement with the two countries with which it shares a common border, Mexico and Canada. U.S. President Donald Trump signed the U.S./Mexico/Canada Agreement (USMCA) into law on January 29, 2020. Mexico has already ratified it, and Canada is expected to in the coming weeks or months. This replacement of the North American Free Trade Agreement (NAFTA) impacts m...

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  • Landlord-Tenant Issues, Granny Flats, HOAs and More: 2020 Real Estate and Land Use Updates

    By Procopio Partner Justine K. Nielsen and Associates Sara G. Neva, Erica K. Lee and Justin M. Fontaine The close of 2019 marks a particularly active and significant regulatory year for real estate in California. These statutes and regulations warrant a careful review as they provide both additional compliance obligations and also significant protections for owners of real estate. Procopio’s Real Estate and Environmental Team reviewed these new regulations and have provided you with...

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  • Cybersecurity, Sports Betting, Hemp, and Child Welfare: 2020 Indian Law Updates

    By Procopio Partner Mindy M. Morton and Associates Gabriela Magee and Racheal M. White Hawk Tribes saw significant developments in the laws governing Indian country in 2019. Among those changes was a district court decision dismantling the forty-year-old Indian Child Welfare Act (ICWA), a decision that is currently being reviewed by the full U.S. Court of Appeals for the Fifth Circuit. Tribes also saw the development of new business opportunities and regulations in hemp production. Additi...

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  • U.S. Commerce Department Bans Export of Certain Self-Driving Vehicle Software

    By Procopio Partner Miku H. Mehta and Senior Associate Michael C. Jones The U.S. Department of Commerce’s Bureau of Industry and Security (BIS) published an interim final rule January 6, 2020, banning the export of certain “geospatial imagery” software technology to all countries except Canada effective immediately. The software is specified under the Export Control Classification Number (ECCN) 0Y521 series (specifically ECCN 0D521), and there are no exceptions to the license requir...

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  • Why Your Company Needs a Great Trademark

    By Procopio Partner Kam W. Li A trademark is a powerful means to communicate a company’s brand identity to the public. When the use of the trademark, such as a symbol, word, name, logo and other device has the effect of creating a mental association between it and the company’s products and services, the symbol has acquired trademark significance and value for the company.  A distinctive trademark maximizes the effectiveness of the communication and greatly contributes to the...

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  • Important New Charter School Rules You Might Not Be Prepared to Implement

    TELECONFERENCING, CONFLICTS OF INTEREST, AND DISCOURAGING STUDENTS FROM ENROLLING: SB 126 AND SB 75 ARE HERE: ARE YOU READY? By Procopio Partners John C. Lemmo and Greta A. Proctor and Associate Merrick A. Wadsworth Transparency and SB 126 Beginning January 1, 2020, California charter schools and CMOs considered to “manage”* charters must comply with government agency transparency rules and perform new and different teleconferencing procedures for board meetings.  The tra...

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  • The Challenge Under CCPA of Verifying the Identities of Consumers Making Personal Data Requests

    By Procopio Partner and Privacy and Cybersecurity Practice Group Leader Frederick K. Taylor As we’ve previously reported, the California Attorney General (AG) released draft regulations for the California Consumer Privacy Act (CCPA) on October 10, 2019. We’ve addressed new requirements in the regulations that aren’t explicitly contained in the CCPA, and the notice provisions and requirements for handling consumer requests. In this article we’ll drill down on what businesses need t...

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