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  • COVID Workplace Safety Just Got Stricter: Cal/OSHA’s New Emergency Standard For California Employers

    By Procopio Partner Marie Burke Kenny and Associate Nicholas Kawuka The California Occupational Safety and Health Standards Board (Cal/OSHA) adopted on November 19, 2020, a temporary emergency standard imposing substantial new COVID-19 testing, reporting and documentation requirements on California employers.  In an apparent over-reach by Cal/OSHA, the new standard also mandates that employees, who are excluded from work for COVID-19 related reasons, continue to receive earnings, sen...

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  • Mexican Professionals Offering Services to California Customers May Face Unexpected Legal Risks

    By Procopio Partner Adrian Martínez Can Mexican professionals be sued in the state of California when they provide services to state residents, despite rendering the professional services exclusively in Mexico? It’s an important question to ask, particularly given the not unwarranted belief that the United States is one of the most litigious societies in the world, and we frequently see reports of California professionals being sued by their clients. The legal risks for Mexican entrepr...

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  • Six Key Things to Know About the Recently Passed Prop 24 (CPRA)

    By Procopio Partner and Privacy and Cybersecurity Practice Group Co-Leader Frederick K. Taylor While this election cycle is most notable for what was at the top of the ballot, there are some significant changes coming to the privacy landscape for Californians. The California Privacy Rights Act passed this week, although most of its provisions will not go into effect until January 1, 2023. Now that it’s passed, we have new privacy provisions that work in conjunction with the existing Cal...

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  • Ransomware Attacks Are On The Rise: Are you Prepared?

    By Procopio Partner Robert Marasco, Associate Diana Sfrijan, and Senior Counsel Elaine Harwell Cybercriminals are threatening data-extortion plots against the U.S. healthcare system, the FBI and two other federal agencies warned on October 28th. The plots are ransomware cyberattacks designed to lock up hospital information systems, which could lead to data theft and cause significant disruption of patient services as COVID-19 case numbers continue to surge. At least five American hosp...

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  • The Feds Are Investigating PPP Recipients: Are You Safe?

    By Procopio Partner Robert G. Marasco Earlier this year, in May, we wrote to inform you about the Paycheck Protection Program (PPP) and the dangers that come with it.  One such danger was potential liability under the False Claims Act. While subsequent guidance suggested the risk had lessened, it appears the risk remains very real for a wide range of companies in all sorts of industries.  Word on the grapevine is that numerous whistleblower complaints under the False Claims ...

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  • City of San Diego Continues to Expand Zoning Flexibility for Granny Flats

    By Procopio Land Use Group Leader Justine Nielsen and Land Use Planner Carey Algaze As the housing crisis continues to worsen amidst the backdrop of a global pandemic, the City of San Diego is going all-in on accessory dwelling units— also known as granny flats—as a critical component of its housing production program.  The City recently approved one of California’s most progressive ordinances to incentivize and provide more regulatory flexibility for Accessory Dwelling Units (...

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  • Just When You Thought You Had a Handle on California Privacy Law: Significant Recent Developments in the California Privacy Law Landscape

    By Procopio Senior Counsel Elaine F. Harwell, CIPP/US, CIPM They say life is fast and can change in an instant. The same thing can be said about privacy law, especially in California. The past few years have seen a number of significant privacy law developments globally and unlike many other things in the world right now, the COVID-19 pandemic has not significantly slowed this trend. Indeed, in the last couple of months, California has seen Attorney General (AG) Xavier Becerra begin enfor...

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  • PODCAST: Are Your Trade Secrets Protected -- Legally and Technically -- In the COVID-19 Era?

    In this episode of our Procopio Perspectives podcast series, we discuss trade secrets in the COVID-19 era. With employees working remotely and communications being conducted virtually, a company’s valuable, proprietary information is at greater risk than ever before. In this episode Procopio Partner and IP Litigatior Robert Sloss joins special guest Scott Krawitz as they discuss what companies should do, both legally and technically, to ensure that such information retains its trade secret ...

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  • California Employers With More Than 500 Employees Must Now Provide Supplemental COVID-19 Paid Sick Leave To Employees - AB 1867

    By Procopio Senior Associate Brook T. Barnes California private employers with 500 or more U.S. employees are now required to provide supplemental paid sick leave to its California employees for specified reasons related to COVID-19. AB 1867 took effect September 19, 2020, and is intended to provide sick leave coverage for employees excluded from the protections of the federal Families First Coronavirus Response Act (“FFCRA”). However, its short notice for compliance has caught many C...

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  • PODCAST: How to Best Protect Yourself When a Customer Files Bankruptcy

    In this episode of our Procopio Perspectives podcast series, Partner Miku Mehta and Of Counsel William Smelko inform suppliers on defending against preference claw back claims in U.S Bankruptcy cases, where a customer may have filed for bankruptcy. Topics include: Payment Matters: Get paid, don’t get behind. Payment Receipt Matters: Cash checks promptly. Timing Matters: Organize and Calendar dates of orders, shipments, invoicing and payment dates. Promptness Ma...

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