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08.24.20
PODCAST: How to Best Protect Yourself When a Customer Files Bankruptcy
In this episode of our Procopio Perspectives podcast series, Partner Miku Mehta and Of Counsel William Smelko inform suppliers on defending against preference claw back claims in U.S Bankruptcy cases, where a customer may have filed for bankruptcy. Topics include: Payment Matters: Get paid, don’t get behind. Payment Receipt Matters: Cash checks promptly. Timing Matters: Organize and Calendar dates of orders, shipments, invoicing and payment dates. Promptness Ma...
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08.12.20
Even More Stringent Consumer Privacy Restrictions May Be Imposed on Businesses Operating in California
By Procopio Associate Nicholas Kawuka It is now official. Come November 2020, Californians will vote on a privacy ballot initiative – the California Privacy Rights Act (CPRA). With administrative enforcement of the already sweeping California Consumer Privacy Act (CCPA) barely underway, the proponents of the new ballot measure believe more changes to consumer privacy rights are warranted. Californians for Consumer Privacy, the nonprofit led by CPRA proponent Alastair Mactaggart, bel...
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08.05.20
3 Steps International Suppliers Should Take Now Before Their Key U.S. Customer Files for Bankruptcy
By Procopio Of Counsel William "Bill" Smelko As U.S.-based companies file for bankruptcy at record rates, international suppliers of products to those companies are feeling the pinch. Payments for past due invoices often are not paid promptly unless the supplier is a “critical vendor” to the filing entity. The financial impact to suppliers, however, may go far beyond mere non-payment. Suppliers may actually find themselves facing lawsuits seeking the return of payments they’ve alrea...
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07.06.20
Proposed California Legislation Promising for Business Insurance Policy Owners Dealing With COVID-19
By Procopio Senior Associate Alexandra “Sasha” Selfridge California Assemblymembers James Ramos and Monique Limón have introduced a promising bill regarding business interruption insurance coverage for COVID-19-related losses in California. Legislation proposed in other states to date seeks to impose requirements that insurers pay such claims, regardless of the specific coverage provisions of the insurance policies, raising significant Constitutional concerns. In a notable departure,...
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07.06.20
PODCAST: Trade Secret Protection for Korean Businesses in the United States
In this episode of our Procopio Perspectives podcast series, Special Counsel Samuel Lee and Associate Soohyun ("Stacy") Park provide important information relating to trade secrets protection for Korean businesses in the United States. Topics Include: 영업비밀이란? 특허와 영업비밀의 차이 주의해야할 유출 유형 영업비밀 보호 방법 본 Episode 요약자료 Please visit our Simplecast channel, where you can play or download ...
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07.01.20
“Generic.com” Can be Eligible for Federal Trademark Registration
By Procopio Senior Associate Rosie Kim In a significant ruling for trademark owners, the U.S. Supreme Court rejected the United States Patent and Trademark Office’s (USPTO) urging of a nearly per se rule that a generic term combined with “.com” or another generic top-level domain is generic. In doing so, the Court held that a mark consisting of a generic term combined with “.com” is a generic name for a class of goods or services only if the term has that meaning to consumers....
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06.26.20
PODCAST: Patent Troll Litigation is on the Upswing
In this episode of our Procopio Perspectives podcast series, Procopio Partners Miku Mehta and Robert Sloss of our Silicon Valley office discuss what you need to know about patent troll litigation and why it's on the upswing. Topics include: Despite COVID-19, patent trolls are filing more new lawsuits, with Asian companies being targeted The reasons for this increase include the economic effects caused by COVID-19 There are things companies can do to defeat these new ca...
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06.19.20
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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06.16.20
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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06.16.20
“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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