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  • Why Software Owners Should Welcome a Recent Federal Circuit Decision

    By Procopio Partner Noel C. Gillespie We’ve seen many developments in recent years that have weakened patents or made them easier to invalidate, which have led to increasing confusion as to what is actually patentable, and how a claim will be construed once it is challenged. That’s why patent owners—in particular companies patenting software-related innovations—should take solace in a recent Federal Circuit decision that could bring much-needed clarity to how a claim will be const...

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  • Immigration, English-Only and National Origin Protections: What Every California Employer Needs to Know

    By Procopio Associate Lauren N. Vega Effective July 1, 2018, every California employer must comply with new regulations that prohibit language restrictions in the work place, inquiries regarding immigration status, and employee height and weight requirements. California’s Fair Employment and Housing Commission (“FEHC”) has adopted expansive new Fair Employment and Housing Act (“FEHA”) regulations that expand the definition of “national origin” and aim to broaden protections ...

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  • U.S. Supreme Court Holds Some Foreign Sales May be Included in Patent Infringement Damages

    By Procopio Partner Robert H. Sloss The U.S. Supreme Court has weighed in on yet another patent law matter that, in contrast to other decisions in recent years, actually favors many U.S. patent owners and technology companies. As companies look to market their products across international borders, they have found it necessary to navigate the maze of national and regional laws regarding the protection of intellectual property in order to guard against the theft of their key technologies. ...

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  • What Building Owners Need to Know About New Energy Disclosure Requirements

    By Senior Associate Luisa F. Elkins New California state regulations are impacting numerous owners of commercial property across the Golden State. Specifically, owners of nonresidential buildings face new disclosure requirements regarding energy use, with potential legal ramifications for noncompliance. Here’s what California building owners need to know to stay on the right side of the law. The California Energy Commission (CEC) issued regulations on March 7, 2018, establishing the...

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  • U.S. Supreme Court Gives "Epic" Endorsement of Employment Class Action Waivers

    Today employers woke to the welcome news that the United States Supreme Court has determined that class action waivers in mandatory employment arbitration agreements (i.e. without an “opt out” provision) are valid and enforceable. In Epic Systems Corporation v. Lewis, the Supreme Court rejected the argument that class action waivers violate employees’ rights under Section 7 of the National Labor Relations Act (NLRA) to engage in “protected concerted activities.” With today’s decis...

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  • Eleven Key Considerations for the Prudent Prospective Luxury Home Purchaser

    By Procopio Partner Enrique Hernandez-Pulido and Of Counsel Todd E. Leigh   The time has come for you to buy that dream property, a luxury home. It’s easy to picture yourself relaxing in comfort while taking in a spectacular view, but that future state of tranquility will be much harder to reach if you don’t follow key steps in the process of properly identifying and acquiring that property. The stakes can be even higher with a high-end luxury property, with greater potential...

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  • The New ABC Test for Independent Contractors Spells Serious Trouble for California Businesses

    By Procopio Partner Marie Burke Kenny and Associate Annie Macaleer In a much-anticipated decision, the California Supreme Court on April 30, 2018, held that there is a presumption that all workers are employees, and that a business classifying a worker as an independent contractor bears the burden of establishing that such a classification is proper under a new test called the “ABC test.” Given the increasing prevalence of so-called “gig economy” workers in the state, this decisio...

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  • Some Key Considerations for the Prudent Prospective Yacht Purchaser

    By Procopio Partner Edward C. Walton Most of us only dream of purchasing that ultimate symbol of freedom and luxury—the ocean-going yacht. If that floating fantasy is now within your reach and desire for fulfillment, you have much to consider and decide, especially if you are new to boating. Careful consideration of your purchasing options, resources, and legal issues using appropriate professional assistance will go a long way to ensuring a truly happy yachting experience. This bri...

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  • A New Defense for Employers in Quit-and-Sue Suits

    By Procopio Partner Tyler M. Paetkau Earlier this year, a California Court of Appeal published a decision that provides employers a defense against former employees who claim they were forced to quit due to intolerable working conditions, Simers v. L.A. Times.  Importantly, the court found that an employer may be entitled to a summary judgment (i.e., a dismissal without trial) of “quit-and-sue” claims known as “constructive” termination – even when the cases involves allege...

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  • California Charter Schools Required to Address Attorney General Guidance on Immigration Enforcement at Schools

    By Procopio Partner Greta A Proctor and Senior Associate Rahul E. Reddy Every California K-12 public school—including charter schools—now finds itself under new immigration-related guidelines from the Attorney General that will require many to update their policies and procedures. These guidelines include model policies addressing immigration enforcement and charter schools are required to adopt these model policies or equivalent policies.  Time is of the essence, as each charter...

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