The latest legal insights and news from Procopio, an AmLaw 200 corporate, intellectual property and litigation law firm.
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DECEMBER 2024
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News You Can Use

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As we approach the close of another year and look ahead to 2025, I want to extend my heartfelt gratitude to you, our valued clients, for placing your trust in Procopio. It is a privilege to support your legal needs, and we remain unwavering in our commitment to providing thoughtful, tailored legal solutions that drive your success.

 

This holiday season, we wish you and your loved ones joy, peace, and prosperity. We look forward to continuing our partnership in the new year and building an even brighter future together.

 

With warmest regards,

 

Dennis Doucette

Managing Partner, Procopio

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Articles

Threat to Many Patent Portfolios Fades as USPTO Withdraws Controversial Proposed Rule

Facing strong opposition from a rare alliance of the pharma and tech industries as well as past agency leaders, the U.S. Patent and Trademark Office (USPTO) has withdrawn a proposed new rule that arguably could have led to a sizable number of existing patents facing unwarranted invalidation. Bob Ramos explains why this development is good news for many who hold strategic patent portfolios.

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Charter School Bonds Under Scrutiny

If you’ve financed a school facility or are considering it, the U.S. Securities and Exchange Commission is focused on you and the financing team you hire, writes Chip Eady. The agency has been targeting unregistered advisors who have provided inadequate or conflicting advice to charter schools, exposing them to financial, reputational and legal harm.

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When Hospital Medical Staff Applications Seek Mental Health History of Practitioners

Hospitals must balance evaluating clinicians' fitness for safe practice with supporting their mental health, notes Rick Barton. Broad inquiries into mental health history in credentialing and licensing often discourage healthcare providers from seeking care, fearing stigma or career repercussions. While there’s no legal consensus yet, hospitals are increasingly revising policies to reduce stigma and prioritize providers' well-being. 

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Awards and Accolades

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Dennis Doucette and Bill Eigner Named to 2024 Most Influential People in San Diego List

Kudos to Managing Partner Dennis Doucette and Partner Bill Eigner on being named to the 2024 San Diego Business Journal SD 500 Most Influential People List! Each year the business publication recognizes 500 distinguished professionals from the San Diego metro area. Dennis and Bill are both award-winning corporate law attorneys and have appeared on the SD 500 list on multiple occasions. 

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WIPR Names Silicon Valley Litigator Mindy Morton a Recommended Trade Secrets Attorney

Congratulations to IP litigator Mindy Morton on being recognized by World Intellectual Property Review (WIPR) as a top USA trade secrets attorney! Mindy is listed as a recommended attorney in WIPR's inaugural list, and Procopio was listed as a notable firm. 

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IP Partner Miku Mehta Named to IAM Strategy 300 list for Second Straight Year

Kudos to Partner and IP Team Leader Miku Mehta on being named to the 2024 IAM Strategy 300 list! Miku focuses on the preparation and prosecution of patent applications, due diligence projects, including preparation of opinions in the areas of patentability, validity, infringement and product clearance, and patent licensing. This is his second straight year earning this recognition. Miku was also included in IAM’s 2024 Patent 1000 and was named an IP Leader earlier this year by World Intellectual Property Review. 

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Sara Neva and Jennifer Trowbridge Named Finalists as Business Women of the Year 

Congrats to Sara Neva and Jennifer Trowbridge on being named finalists in the San Diego Business Journal Business Women of the Year Awards! Sara counsels clients on real estate, finance and general business transactions. Her practice involves real estate property purchase and sale, commercial leases and easements, joint venture formation and other equity investments, and financing. Jennifer focuses on a wide array of corporate law, including securities law, corporate finance, mergers & acquisitions, and Exchange Act reporting and compliance. Both have been recognized numerous times by the Business Journal in recent years. Meet Sara and Jennifer.

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Events

JANUARY 15

Employment Law Do’s and Don’ts – Practical Guidelines for Legal Compliance | webinar | 12:00 - 2:00 pm PT

 

Labor and Employment Partner Wendy Tucker will cover new employment laws for charter schools in 2025 as well as many hot button employment issues in this CCSA webinar. The topics will include the new laws regarding employee references and protection from retaliation, ways to minimize your school’s exposure to wage and hour claims, how to manage remote employees and other HR best practices.

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JANUARY 22

New Year, New Laws: What’s New for Charter Schools in 2025 | webinar | 12:00 - 1:30 pm PT

Education practice leader Greta Proctor provides an overview of the key new laws affecting California charter schools, including in areas of health and safety, curriculum, required policies and notices, and many other topics, in this CCSA webinar.

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JANUARY 29

Title IX Training | webinar | 12:00 - 1:30 pm PT

Education attorneys Greta Proctor and Merrick Wadsworth provide Title IX training for charter schools in this CCSA webinar. They will briefly summarize the latest updates on an ever-changing Title IX landscape, and is designed for your school’s Title IX team. That includes your Title IX Coordinator(s) and anyone at your school who could as Investigator, Decision-maker, or Appeals Officer in a Title IX investigation. 

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JANUARY 31

What Do You Mean That's Discoverable? | San Diego | 1:00 - 2:00 pm PT

Litigator David Gouzoules and an in-house counsel attorney discuss recent changes to California state court procedure regarding initial disclosures, including practical tips on how to comply with the new rules while keeping costs down, in ACC-San Diego's 7th Annual All Day MCLE La-Law-Palooza.

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Client News

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Largest U.S. Healthcare Staffing Company to Grow Further with New Acquisition

Kudos to our client Aya Healthcare, the largest U.S. healthcare staffing company, on its approximately $615-million acquisition of Cross Country Healthcare. Managing Partner Dennis Doucette led the pending transaction on behalf of Aya, supported by Partner Trent Andrews, Associate Kaitlyn Jensen, and other corporate and tax attorneys. Procopio has managed seventeen acquisitions for Aya in recent years as the innovative staffing and software company continues to grow.

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Biotech Secures Invalidation of Challenged Claims in Two More Patents Held by Competitor

The wins keep coming for client Shanghai Hongene Biotech Corp. at the USPTO Patent Trial and Appeal Board (PTAB)! For the second and third time, our IP litigation attorneys led by Washington, D.C.-based Partner Jeremy Edwards succeeded in securing invalidation of all challenged claims in each of two patents held by a competitor. These two IPR victories follow a related IPR victory in which the PTAB invalidated all claims of another patent, with the competitor not appealing or otherwise challenging the result. Our IP litigation team for Hongene included Xiaofan "Frank" Yang, Steven Maddox and Brett Garrison.

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Social Media

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We're excited to welcome back our newest corporate law associate, Gabby Meyer! Gabby assists a wide variety of clients with corporate legal services, including securities filings, mergers and acquisitions, and technology transactions. She provides assistance with business entity filings, contract reviews, and other general corporate matters. A 2024 JD recipient from the University of San Diego School of Law, she previously served as a Procopio law clerk. 

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Silicon Valley IP Partner Ernest Huang gave a presentation on AI-related patent examination guidelines in Japan, including how they differ from the U.S. The Nov. 14 event was co-sponsored by the Silicon Valley IP Law Association and the Japan Patent Attorneys Association in Redwood City, California. Ernest and others discussed whether you should choose patent protection or design rights for certain technical solutions, which could be protected by both patents and design rights in Japan.

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Let's hear it for Jennifer Trowbridge, who just earned her Investment Adviser Certified Compliance Professional (IACCP) certificate! IACCP is designed for compliance professionals wanting to certify their knowledge of investment adviser regulatory obligations and gain additional competence in trading, regulatory mandates, disclosures and other current regulatory priorities. It consists of 20 compliance courses, work experience in investment adviser compliance, an ethics assessment, and a certifying examination. Jennifer is an award-winning attorney who focuses on a wide array of corporate law, including securities law, corporate finance, mergers & acquisitions, and Exchange Act reporting and compliance. Learn more about Jennifer.

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