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  • Recent Court Decision May Provide Willful Patent Infringement Defendants Relief

    By Procopio Partner Robert H. Sloss Defendants accused of willful patent infringement may find early relief if a recent decision is adopted broadly by district courts. The judge in IP Power Holdings Limited v. Westfield Outdoor, Inc., Case No. 2:19-cv-01878-MMD-NJK (D. Nev. June 4, 2020) granted the defendant’s motion to dismiss willful infringement allegations that would typically be expected to survive such a motion. The holding appears to depend on the resolution of a factual dispute...

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  • U.S. Relaxes Export Restrictions on Contributions to Standards Bodies

    By Senior Associate Michael Jones Yet another U.S. export control rule involving exports to Huawei and similar companies is about to take effect. It’s worth noting that the new interim rule from the U.S. Commerce Department’s Bureau of Industry and Security (BIS) relaxes current export restrictions, specifically on contributions to standards bodies. Effective June 18, 2020, BIS is rescinding their August 2019 Advisory Opinion prohibiting sharing of non-published information with H...

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  • “Marriage Story” will be Remembered as an Amicable Divorce if SB 1141 Passes; The Bill Seeks to Expand “Domestic Violence” to Include Nonviolent “Coercive Control”

    By Procopio Senior Counsel James A. Dooley Which parent in Noah Baumbach’s critically acclaimed film, Marriage Story, committed domestic violence? If you answered the father, you’re half right. There was a scene where Adam Driver’s character, Charlie, punches a hole in the wall during a heated argument with Nicole, played by Scarlett Johansson. Destruction of property in this manner is conduct that will fetch a domestic violence temporary restraining order (“TRO”) virtually ...

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  • LA SUPREMA CORTE ESTADOUNIDENSE INTERPRETA EL ALCANCE DE LA CONVENCIÓN DE NUEVA YORK

    Por Adrián Martínez, Socio ¿Una persona que no firmó un contrato que contiene una cláusula de arbitraje reconocida por la Convención de Nueva York puede exigir el cumplimiento de la cláusula de arbitraje basándose en doctrinas contempladas en legislaciones estatales estadounidenses?  Probablemente sí. La Suprema Corte de los Estados Unidos de América unánimemente resolvió que la Convención sobre el Reconocimiento y la Ejecución de las Sentencias Arbitrales Extranjer...

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  • PODCAST: Can I Still Export Semiconductor, Telecommunication, or AI Technologies to Huawei?

    In this episode of our Procopio Perspectives podcast series, Procopio Partner Miku H. Mehta and Senior Associate Michael C. Jones discuss what you need to know about recent restrictions on exports to Huawei of various technologies including 5G, Semiconductor and AI Technologies. Please visit our Simplecast channel, where you can play or download the episode or subscribe through Apple, Spotify or Google. ...

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  • 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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  • 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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  • 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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  • 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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