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05.26.20
Three Things You Should Do Now Before Selling Your Business
By Procopio Partner William W. Eigner Perhaps you’ve been building toward this day for months or years. Or maybe the COVID-19 pandemic has convinced you the time is right. Regardless, you’re considering selling your business. Here are three important things you can do now to improve your chances for a great sale and increase your proceeds that are often overlooked or undertaken too late: Do your estate planning, gifting, etc. before you engage with a buyer so that your persona...
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05.18.20
U.S. Government Extends Temporary License and Expands Limitations on Exports to Huawei
By Procopio Senior Associate Michael Jones Continuing a trend of restricting exports to certain foreign entities, the U.S. government took two actions on May 15, 2020, to further control exports of certain technologies deemed critical to US interests: Expanding the direct product rule to further restrict exports to certain entities including Huawei and/or its affiliates. Extending the temporary general license (TGL), originally granted on May 19, 2019, for certain export act...
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05.13.20
SBA Eases the Minds of Borrowers Concerned About the PPP “Necessity” Certification
By Procopio Partner Paul B. Johnson On May 13, 2020, the U.S. Small Business Administration (SBA), in consultation with the U.S. Department of the Treasury, added Question 46 to the list of Paycheck Protection Program (PPP) Loans Frequently Asked Questions (FAQs), significantly easing the minds of borrowers. Summary: Recipients of PPP loans less than $2 million will be deemed to have made in good faith the certification regarding their need for the loan. Recipients...
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05.13.20
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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05.11.20
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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05.11.20
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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05.08.20
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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05.08.20
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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05.07.20
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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05.07.20
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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