News & Events

articles

  • Wage Law Liability Risks Increase for General Contractors in 2018

    By Procopio Partner Laurence R. Phillips and Associate Stephenie M. Alexander All general contractors need to be aware that, as of January 1, 2018, California Labor Code Section 218.7 imposes liability for a subcontractor’s failure to pay wages and fringe benefits to its employees. Under this revision in the law, a “direct contractor” (i.e., a contractor that has a direct contractual relationship with an owner) who enters into a contract for the “erection, construction, alteration...

    Read More
  • 6 Key Considerations When Selling Your Privately Held Company

    By Procopio Partner Matthew D. Short In today’s seller-friendly business environment, buyers are eager to snatch up hot companies, and are willing to pay top dollar. If you’re looking to sell your privately held company, there are six key considerations to keep in mind that should increase your sales price, put more proceeds in your pocket after the sale, make the sale process flow smoothly, and maximize your work opportunities once the sale is completed. 1. Properly Assemble Your...

    Read More
  • The State Is On Fire: What Should Employers Do About Paying Employees?

    By Partner Marie Burke Kenny, Leader of Procopio's Labor & Employment Law Practice Group and Member of Procopio's Management Committee The text pinging in the middle of the night announced that my kids’ school is closed today due to fires in Carlsbad, California. Thankfully, the closure is precautionary and mostly due to air quality. Elsewhere in Southern California, however, the fires continue to rage over 160,000 acres and people are struggling to cope with the significant propert...

    Read More
  • How Your Company's Valuation Can Be Impacted By Convertible Notes

    By Procopio Partner Paul B. Johnson and Attorney Aaron Sokoloff With valuations in venture capital financings at historically high levels, companies are finding that “valuation caps” and other related terms in convertible notes and other convertible instruments are having a significant effect on company capitalization. For example, if entrepreneurs and investors do not consider the effects of outstanding convertible notes when negotiating the terms of an equity financing, there can be...

    Read More
  • Did You Just Inadvertently Violate Trademark Law?

    By Procopio Partner Barry F. Soalt We’re all digital communicators today, whether you’re an advertising firm account manager, a corporate marketing executive, or simply someone posting your latest insight on Facebook. What we often fail to realize, however, is how when we communicate with the world we regularly run the risk of potential intellectual property infringement. You may have heard some warnings about inadvertent copyright violations, including the need for explicit permi...

    Read More
  • UPDATE: U.S. Supreme Court Denies Cert. in Indian Reserved Groundwater Rights Case

    By Procopio Partner Theodore Griswold The U.S. Supreme Court today (November 27, 2017) upheld a key decision affecting Native American tribal rights. Last March, we posted regarding the remarkable Ninth Circuit decision in Agua Caliente Band of Cahuilla Indians v. Coachella Valley Water District (849 F.3d 1262 (2017)), in which the Ninth Circuit affirmed that the federal “reserved rights” doctrine for water established in the seminal case of Winters v. United States, 207 U.S. 564 (190...

    Read More
  • Employee Social Media Use: How Employers Should (and Should Not) Address It

    By Procopio Partner Wendy L. Tucker Social media does many things. It allows us to keep in touch with friends, stay on top of political and celebrity news, take surveys to discover which “Game of Thrones” character we’re most like, and watch funny cat videos. It also allows an individual employee’s controversial opinions or comments on current events to reach a widespread audience, which can cause serious headaches for employers. We’ve seen employers terminate employees for ...

    Read More
  • 5 Critical Mistakes to Avoid in Any M&A Deal

    By Procopio Partner Paul B. Johnson, Co-Leader of its Mergers & Acquisitions and Strategic Joint Ventures Practice Having worked on hundreds of merger and acquisition deals over the last few decades, I’ve found two things to be true: 1) Each deal is unique in its own way; 2) There are a few mistakes CEOs often make that complicate deals and harm their own self-interest. Allow me to outline five actions CEOs approaching a merger, acquisition, sale or joint venture should take to ...

    Read More
  • The Legal Landmines of Prevailing Wage Laws in the Construction Industry

    By Procopio Partner Laurence R. Phillips, Construction Group Member When launching a significant construction project, each stakeholder’s senior management likely is focused on securing the highest quality contractors, labor and materials, while adhering to an ambitious schedule and budget. In many aspects of private and public works construction, ensuring compliance with complex prevailing wage laws are likely not front of mind. A look at California’s prevailing wage law and the comp...

    Read More