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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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  • Governor Sounds Death Knell to Most Independent Contractors: The "ABC" Test is Official

    By Procopio Senior Associate Annie Ellis and Associate Stephenie M. Alexander As of January 1, 2020, many employers in California will find it almost impossible to make use of independent contractors. This process began last year with a landmark California Supreme Court decision establishing a three-pronged test to determine if a worker should be classified as an independent contractor or employee. That decision has now been codified, with Governor Gavin Newsom signing A.B. 5 into law on ...

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  • Wage and Hour Win for Employers: The California Supreme Court Limits PAGA's Threat to Employers

    California Employees Are Prohibited From Seeking Underlying Wages in PAGA Actions   By Procopio Partner Marie Burke Kenny and Senior Associate Brook T. Barnes The California Supreme Court has provided some much-needed relief to California employers who routinely face Private Attorneys General Act (“PAGA”) litigation from their current and former employees. The PAGA statute allows private citizens to sue on behalf of the state for violations of California wage and hour law...

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  • Recent Court Decisions Drive Strategic Approaches to Pursuing Sound Patent Protection

    By Procopio Partners Robert H. Sloss and Miku H. Mehta The art of drafting patent applications and the task of litigating patents continue to evolve, driven by changes in review processes at the U.S. Patent and Trademark Office (USPTO) and rulings in the Federal Circuit. In particular, we have seen a dramatic change in both the risks and benefits associated with functional claim drafting. Of note to anyone dealing with patents are two recent Federal Circuit decisions that continue the tre...

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  • Effective Date of New State Wetland Definition and Permitting Procedures

    By Procopio Partner John J. Lormon and Legal Assistant Miranda C. Barfield  Earlier this year, we published two articles monitoring the implementation of the new State Wetland Definition and Procedures for Dischargers of Dredge or Fill Material to Waters of the State (Procedures) and the prospective impact of these regulatory changes on future development in California. When the Procedures were adopted by the California State Water Resources Control Board (State Board) on April 2...

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