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  • Beware the Siren Song of the PPP

    UPDATE May 13, 2020:  With new guidance (FAQ 46) issued this morning, one day before the general safe harbor period expires, the Small Business Administration (SBA) has given many small businesses reason to breathe a bit more freely. The guidance indicates that certifications related to necessity will be deemed to have been made in good faith for all loans less than $2 million. For loans above $2 million, the guidance indicates that necessity certifications will be assessed and if found ...

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  • California Governor Expands Workers Compensation Benefits to Employees Diagnosed with COVID-19

    By Procopio Partner Marie Burke Kenny and Associate Clint S. Engleson Following California Governor Gavin Newsom’s March 19, 2020, stay-at-home order, many California employers have continued operations as “essential” businesses. For those employers with onsite employees, workplace safety has become a paramount concern. Sanitation and social distancing protocols, both mandated and voluntary, are the new normal. Despite such measures, employers with onsite employees can expect a spat...

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  • Obtain COVID-19-related Patents Fast . . . At No Additional Cost!

    By Procopio Partners Stephen C. Beuerle and Robert “Bob” Ramos In the agency’s latest action related to the coronavirus pandemic, the United States Patent and Trademark Office (USPTO) May 8 announced a new, free Prioritized Examination Pilot Program for products or processes that are subject to U.S. Food and Drug Administration (FDA) approval for use in the prevention and/or treatment of COVID-19. The USPTO will grant requests for prioritized examination to patent applicants tha...

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  • U.S. Supreme Court Leaves Door Open for Plaintiffs to Challenge EPA-Approved Cleanup Plans via State Court Suits Seeking More Stringent Requirements and Related Costs

    By Procopio Partners Sean M. Sullivan & John J. Lormon On April 20, 2020, the Supreme Court of the United States (“SCOTUS”) issued its decision in Atlantic Richfield Company v. Christian, --- S.Ct. ----, No. 17-1498, 2020 WL 1906542 (U.S. Apr. 20, 2020) (“Christian”), which addressed several issues involving state and federal law in large environmental cases. In sum, while landowner plaintiffs may now pursue common law claims in state courts that effectively amount to previous...

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  • PODCAST: COVID-19 and Korean Businesses in the U.S.

    In this episode of our podcast series Procopio Perspecives, Procopio Special Counsel Sam Lee and Associate Stacy Park provide Covid-19 related legal updates for Korean businesses in the United States. Note: This episode is in Korean. Please visit our Simplecast channel, where you can play or download the episode or subscribe through Apple, Spotify or Google. ...

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  • Employment Lawsuit Settlement Doesn’t Preclude PAGA Suit: California Supreme Court

    By Procopio Partner Tyler M. Paetkau Can an aggrieved employee continue to pursue a Private Attorney General Act (PAGA) lawsuit against his or her former employer even after settling claims in arbitration? Yes, according to the California Supreme Court, overruling two lower court decisions. This ruling has serious implications for California employers, and a revision to separation and release agreement language may be in order in an attempt to preempt similar situations in the future. ...

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  • Trademark Owners Secure Key Victory in U.S. Supreme Court

    By Procopio Partner Lisel M. Ferguson and Associate Tiffany Salayer Can a trademark owner suffering infringement win an award for profits even if the infringer is not found to have done so willfully? The answer is now a definitive yes thanks to a recent U.S. Supreme Court decision. Specifically, the High Court distinguished an award for profits under the Lanham Act provisions governing trademark violations, section 1125(a), and dilution (section 1125(c)). In Romag Fasteners, Inc. v. F...

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  • PODCAST: COVID-19 and the Workplace

    In this episode of our podcast series Procopio Perspectives, Procopio Partner Tyler M. Paetkau and Senior Associate Olga Savage discuss what you need to know about COVID-19 and the workplace. Topics include: Layoffs and Furloughs Remote Work Leaves of Absence Workplace Safety and Sanitation Resources Please visit our Simplecast channel, where you can play or download the episode or subscribe through Apple, Spotify or Google. ...

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  • USPTO Further Extends Certain Patent Filing Deadlines

    By Procopio Partner Bob Ramos The Director of the U.S. Patent and Trademark Office (USPTO) indicated that because “[i]nnovation and entrepreneurship will play a key role in our fight against this pandemic, and in the upcoming recovery of our country…the USPTO continues to assess measures to support the work of inventors and entrepreneurs during this crisis and beyond.” Accordingly, the Director has further extended several patent-related deadlines that would have been, or would be, ...

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  • CARES Act and New Court Rules Impose Further Restrictions on Evictions

    By Procopio Associate Sara G. Neva and Partner Robert J. Brown Commercial and residential landlords should be aware that both a new federal law addressing the economic impact of COVID-19, as well as new emergency court rules, have imposed new restrictions on their operations. Two sections of the Coronavirus Aid, Relief, and Economic Security (CARES) Act signed into law on March 27, 2020, are of particular importance. Section 4024 of the CARES Act establishes a 120 day moratorium on ev...

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