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12.12.18
New Inspection Requirements Imposed on Some Multi-Family Building Owners
By Procopio Associate Kia R. Brady Owners of multi-family buildings, beware! A new law that went into effect in September 2018 imposes new requirements regarding inspections, reporting and repairs that could result in significant penalties and even property foreclosure for non-compliant owners. This new law (SB 721) affects owners of multi-family buildings containing at least three units and featuring an exterior elevated element with a load-bearing component, such as a balcony, deck,...
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11.29.18
Employers Beware: Using Employee Non-Solicitation Clauses May Violate California Law
A California Court of Appeal on November 1, 2018, affirmed a San Diego trial court’s judgment voiding post-employment non-solicitation of employee contract provisions and enjoining their enforcement. In AMN v. Aya Healthcare __ Cal. App. 4th __, 2018 WL 5669154, the Court also confirmed the award of attorney’s fees to the prevailing former employees and their new employer under California Code of Civil Procedure section 1021.5, which authorizes an award of fees “in the enforcement of an...
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10.24.18
What California's New Law on Female Board Members May Mean For Your Public Company
By Procopio Attorney Christopher L. Tinen There has been a significant amount of media coverage of a landmark California bill recently signed into law by Governor Jerry Brown mandating female representation on corporate boards of directors of public companies located in California. SB 826 was written broadly, encompassing a wide array of public companies whose principal offices are located in California, including those incorporated elsewhere, such as Delaware. While the law has faced ...
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10.18.18
Why You Should Think Twice Before Withholding Payment From Your Subcontractor
By Procopio Associate Katlyn L. Gregg As anyone involved in even the most straightforward construction project is aware, payment disputes frequently arise between contractors. If you are in the middle of the payment dispute, it may seem practical to withhold all payment to the subcontractor until the dispute is resolved. However, a recent holding by the California Supreme Court demonstrates the danger in failing to timely pay a subcontractor for all amounts that are undisputed...
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10.16.18
NAFTA May Be Replaced by USMCA: What Would That Mean for Your Taxes?
By Juan D. Arau and Anuar Estefan On September 30, 2018, representatives from Canada, Mexico and the United States of America (the “U.S.”), announced that after thirteen months of intense negotiations, the three countries reached a preliminary agreement. This agreement revises the terms of the North American Free Trade Agreement (“the NAFTA”). The full text of the proposed agreement was published by the U.S. government on October 1, 2018, under the name The United States – M...
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10.11.18
Significant New Patent Office Rule Reshapes Strategic Approaches to Patent Claim Challenges
By Procopio Partner Miku H. Mehta In a significant decision that promises to impact strategic thinking in patent claim challenges, the U.S. Patent and Trademark Office (USPTO) will soon adopt the same reading of claims in Patent Trial and Appeal Board (PTAB) post-grant proceedings as that used in federal district court. Any inter partes review (IPR), post-grant review (PGR) or covered business method patent review (CBM) filed with PTAB on or after November 13, 2018, will be subject to the...
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10.01.18
What You Need to Know about California's New Prescription Drug Monitoring Program
By Procopio Partner Richard D. Barton and Associates Rachael A. Harrington and Julian J.G. Lean A new prescription drug monitoring program is going into effect that will impact many health care institutions and professionals. Effective October 2, 2018, as a result of the implementation of California Senate Bill 482, practitioners must, with limited exception, review the prescription history of their patients no more than 24 hours prior to prescribing a Schedule II, III, or IV drug for ...
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09.12.18
WHAT ERRORS ARE CORRECTABLE? INTENT-TO-USE TRADEMARK APPLICATIONS PART 3
By Procopio Partner Pattric J. Rawlins and Associate Rosie Kim You understand the importance of securing trademark protection for your product or service, and you’ve submitted an intent-to-use application or registered your brand as a trademark. But perhaps, in reading Part 1 and Part 2 of our three-part series, you’ve realized that you may have erred somewhere along the way in one of your own trademark applications. The good news is that some errors are correctable. Where an error is...
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09.05.18
Small-Cap Public Companies Gain Compliance Relief Under New SEC Rule Changes
By Procopio Attorney Christopher L. Tinen The U.S. small-cap public market will receive some welcome relief from certain securities disclosure requirements when new rules implemented by the Securities and Exchange Commission (SEC) go into effect on Monday, September 10, 2018. The small-cap market is traditionally full of companies that are either newly public (via an initial public offering or other “going public” transactions) or low-revenue companies looking to mature into highe...
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08.29.18
How Increasing Federal Circuit Patent Scrutiny Under 35 USC 112 Impacts Applicants and Owners
By Procopio Partner Miku H. Mehta A recent decision by the Court of Appeals for the Federal Circuit provides new evidence of an increasing scrutiny of the claims and specifications for patents and pending applications under 35 USC 112, particularly with respect to enablement. This Federal Circuit trend, occurring simultaneously with a similar increase in focus on enablement by the U.S. Patent and Trademark Office, potentially impacts the survivability of many patent claims in current and ...
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