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  • Developing an Incident Response Plan for a Cyber Attack

    By Procopio Partner and General Counsel Carole J. Buckner Every attorney’s ethical duty of competence requires a lawyer to provide competent representation to a client, applying the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation. This in turn requires that a lawyer keep abreast of technology, including associated risks and benefits, including continuing study and education. As a matter of best practice and preparation, lawyers should pro...

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  • California Adopts Wetlands Definition and Expands Requirements for Dredge or Fill Applicants

    By Procopio Partner John J. Lormon and Legal Assistant Miranda C. Barfield After more than a decade of work, the California State Water Resources Control Board (State Board) approved on April 2, 2019, a common definition for California wetlands and a regulatory program that amends and expands the permit requirements for the discharge of dredge or fill materials that impact or could impact state waters. We forecast coming changes and their importance for development in the state in a previ...

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  • Key Elements to an Effective Export Control Compliance Program

    By Senior Associate Michael C. Jones One billion dollars: That was the fine ZTE agreed to pay in 2018 in order to lift a denial order issued by the United States government in response to export control violations. Similarly, Huawei’s CFO was indicted in December 2018 for alleged export control violations with respect to Iran. As these cases indicate, penalties for violating export control regulations can be high and include criminal charges.  Further, as discussed in my previo...

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  • Should You Consider a Phantom Equity Plan?

    By Procopio Senior Associate Aaron Sokoloff Whether you’re a brand-new startup or a veteran of several funding rounds, every emerging growth CEO wants to find the right path to incentivizing employees while conserving capital. One creative approach that might be right for you is a phantom equity plan. Phantom Equity – what is it? Phantom equity is essentially a cash bonus plan that is designed to mimic the effects of having an ownership interest in a company. While the terms v...

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  • Expanded Private Right of Action Proposed for California Consumer Privacy Act

    By Procopio Senior Counsel Elaine F. Harwell When California quickly passed the landmark California Consumer Privacy Act (CCPA) last June, policymakers across the state made clear that they did not anticipate the new law--the most sweeping privacy legislation in the United States--would be implemented unchanged. What was unknown was what those changes might be, and whether they would reduce or increase burdens on businesses operating in the state. Now, almost eight months later, the s...

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  • Proposed Regulatory Changes Would Impact Clean Water Act 401 Applicants in California

    By Procopio Partner and Energy and Environmental Law practice leader John J. Lormon and Legal Assistant Miranda C. Barfield A wide array of projects in California fall under the jurisdiction of the federal Clean Water Act (CWA), so it’s worth noting that changes are now being proposed to the jurisdictional reach of the CWA. In this first article of a two-part analysis, we examine the current California permitting process for projects subject to CWA dredge and fill jurisdiction, as well ...

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  • USPTO Proposes Requirement of U.S.-Licensed Attorney for Foreign Trademark Applicants and Registrants

    By Senior Associate Michael C. Jones The U.S. Patent and Trademark Office (USPTO) is proposing to impose new obligations on many trademark applicants and registrants. In a notice of proposed rulemaking (NPRM) issued February 15, 2019, the agency said it is looking to require that any trademark applicant or registrant whose domicile or principal place of business is not located within the United States (U.S.) or its territories be represented by an attorney who is an active member in good ...

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  • 2019 Finds Commercial and Residential Real Estate Owners Under New Laws and Regulations

    By Procopio Attorneys Sara G. Neva, Justine K. Nielsen, Kia R. Brady, Erica Kristen Lee, and Hazel Ocampo G. State and local lawmakers and regulators in California were busy in 2018, and as such there are about a dozen new statutes and regulations critical to owners of commercial and multi-resident real estate as well as common interest communities. From building inspections to wetlands regulations, and from landlord-tenant issues to parking regulations, parties affected by these new stat...

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  • 2019 Brings Key New State and Federal Statutes and Regulations Critical to Native American Communities

    By Procopio Attorneys Gabriela Rios and Sara Neva Every New Year brings new statutes and regulations, and 2019 is no exception. Among the many state and federal laws and regulations that are going into effect in 2019 or carrying over from 2018, many directly impact Native American individuals and tribal nations. From new state regulations on the wearing of tribal regalia and water use to federal laws regarding gaming and Social Security benefits, we find ourselves in a new legal landscape...

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  • Key Takeaways From the U.S. Supreme Court's Patent Decision Regarding Prior Art and Secret Sales

    By Procopio Partner Miku H. Mehta and Attorney Ernest Huang Nearly eight years after the passage into law of the America Invents Act of 2011 (AIA), the U.S. Supreme Court is still weighing in on the historic reform’s impact on established patent law. In a closely watched case within the patent community, in Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc., U.S., No. 17-1229 (Jan 22, 2019) the High Court ruled that the AIA did not upset long-understood interpretations of how sal...

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