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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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  • Federal Circuit Rejects Legitimacy of PTAB Judge Appointments: What's Next?

    By Procopio Partner Robert H. Sloss On October 31, which happens to be Halloween, the Federal Circuit issued a potentially frightening decision essentially holding that judges of the Patent Trial and Appeal Board (“PTAB”) had not been properly engaged pursuant to the Appointments Clause of the United States Constitution and vacating the decision in the case before it, Arthrex, Inc. v. Smith & Nephew, Inc., Case No. 2018-2140 (Oct. 31, 2019). Although the decision could have potent...

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  • Proposed California Consumer Privacy Act Regulations Address Notice Requirements

    By Procopio Partner and General Counsel Carole J. Buckner The California State Attorney General (AG) has released proposed regulations relating to the January 1, 2020 implementation of the sweeping California Consumer Privacy Act (CCPA), as we’ve reported. [See also our article on verifying identities of consumers making data-related requests.] While the AG is soliciting public comment before finalizing the regulations, he’s made it clear that the gap between effectiveness and enforce...

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  • Privacy Regulations Proposed for CCPA by CA Attorney General

    By Procopio Senior Counsel Elaine F. Harwell, CIPP/US With the landmark California Consumer Privacy Act (CCPA) set to take effect January 1, 2020, the California Attorney General’s office finally issued long-awaited regulations on October 10, 2019. The CCPA creates new consumer rights relating to the access to, deletion of, and sharing of personal information collected by businesses. Of interest to any company doing business in California, the proposed regulations impose a number of new...

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  • What Residential Landlords Need to Know About New Regulations

    By Procopio Associate Sara G. Neva Residential landlords across California should sit up and take notice as a new law goes into effect that could significantly impact their bottom line, both by capping rent increases and making it more difficult to evict tenants. AB 1482, known as the Tenant Protection Act of 2019, places two major regulations on residential landlords. The new regulations will change current noticing requirements and termination practices and add additional form lease...

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