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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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  • 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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  • What U.S. Companies Need to Know About Foreign Arbitration Awards Before Partnering With a Foreign Company

    By Procopio Attorney Lianlian Wu As U.S. companies increasingly do business with foreign companies, many are discovering that their operations could be put at significant financial risk based on an arbitration conducted in a foreign country. Whatever familiarity an in-house general counsel may have with conducting corporate litigation in U.S. courts, they may not be prepared for the fact that an arbitration award against them abroad could be enforced against them in the U.S. Furthermore, ...

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  • Key Local Agency Transparency Rules Apply To Charter Schools, According to Attorney General

    By Procopio Partner John C. Lemmo After seven years of consideration, the California Attorney General recently issued his opinion that longstanding local agency laws require charter schools to comply with the open meeting and records rules of the Brown Act and Public Records Act, and the conflict of interest disclosure and restrictions of the Political Reform Act.  For the vast majority of charters in the state, the opinion will have little or no practical impact in that regard, beca...

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  • Patent Office Issues New Examiner Guidance on Subject-Matter Eligibility

    By Procopio Partner Pattric J. Rawlins and Attorney Jonathan D. Cheng The U.S. Patent and Trademark Office (USPTO) has issued its highly anticipated guidance on determining when subject matter is ineligible for patenting. The stated goal of this guidance is to promote clarity, consistency, and predictability in how 35 U.S.C. 101 is applied during patent examination. The new guidance supersedes prior guidance and ostensibly makes it more difficult for examiners to reject subject matter ...

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  • New Inspection Requirements Imposed on Some Multi-Family Building Owners

    By Procopio Associate Kia R. Brady Owners of multi-family buildings, beware! A new law that went into effect in September 2018 imposes new requirements regarding inspections, reporting and repairs that could result in significant penalties and even property foreclosure for non-compliant owners. This new law (SB 721) affects owners of multi-family buildings containing at least three units and featuring an exterior elevated element with a load-bearing component, such as a balcony, deck,...

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