California Supreme Court Makes It Easier for Whistleblowers to Prove Retaliation
The California Supreme Court, in a critical decision, has answered a key question regarding whistleblower retaliation claims. Tyler Paetkau and Amanda Chavez explain why California employers should review and consider revising their policies prohibiting retaliation, and their workplace complaint and investigation policies.
Powerful Remedies Against Trade Secret Misappropriation Abroad Appear Here to Stay
Two years after a district court decision provided U.S. trade secret owners the ability to seek civil remedies for acts of misappropriation abroad, including recovery of the defendants’ profits, that interpretation of the Defend Trade Secrets Act may be here to stay. Victor Felix explains why that is welcome news.
The Continued Impact of Federal Circuit Expanded Means Plus Function Claim Treatment
In a new precedential Federal Circuit decision, the court again demonstrated the reach of its recent expansion of language that might render claim language as a “means plus function” limitation. Robert Sloss explains why patent prosecutors and litigators alike need to carefully consider the decision’s ramifications in the future.
Podcast: Willful Patent Infringement -- Understanding and Preparing for Claims
What standard do courts apply in deciding claims for willful patent infringement and enhanced damages? The answer lies in the SRI International v. Cisco Systems Federal Circuit case as well as other key developments. Miku Mehta and Robert Sloss discuss ways to reduce the risk of willful infringement and enhanced damages in this podcast.
Is Receipt of a Complaint Sufficient Notice for Claims of Indirect or Willful Infringement?
Forum shopping among patent owners pursuing claims for patent infringement is widespread. Robert Sloss notes plaintiffs may consider in forum selection an ongoing district court split on the question of sufficient notice for claims of indirect infringement and enhanced damages for willful infringement.
Can a Patent Owner Claim Enhanced Damages in the Absence of Willful Infringement?
In a follow-up to his earlier article on notices regarding willful infringement claims, Robert Sloss notes that another recent case, iFit, Inc. v. Peloton Interactive, Inc., indicates that the belief that the demise of a willful infringement claim would also spell the end of a claim for enhanced damages may be premature.
Why California Medical Staffs Should Review Their Bylaws Regarding Burden of Proof
Many California medical staffs may be looking to start 2022 with updated bylaws. A recent case, Bichai v. Davita, Inc., stands as a reminder that the bylaws cannot set forth a stricter burden of proof to be applied at a judicial review hearing than what is prescribed by California law. Rachael Harrington offers insights on steps medical staffs should take.
Pending California Legislation Could Build Upon--Or Conflict With--Forthcoming SEC Rules
Proposed legislation currently in the California Senate seeking to impose new reporting requirements for emissions arrives as the U.S. Securities and Exchange Commission is considering climate-related public company disclosure requirements. John Nelson notes the California legislation and subsequent regulations may go beyond the SEC.
Ken Weixel, Former Deloitte Managing Partner in San Diego, Joins Procopio
Highly accomplished life sciences and healthcare industry leader Kenneth Weixel has joined Procopio Business Advisors, LLC (PBA), a wholly owned subsidiary of Procopio, Cory, Hargreaves and Savtich LLP, as a Senior Growth Advisor. Weixel, the former Managing Partner of the San Diego, California, office of Deloitte LLP, brings decades of experience working with life sciences and healthcare companies of all sizes and in all stages of growth as a trusted advisor on corporate governance, effective controls, mergers and acquisitions and transparent financial reporting. Weixel will advise and assist Procopio’s expanding Life Sciences team in this newly created position, providing strategic guidance as Procopio continues to support the biotech, pharmaceutical and medical device ecosystem throughout California.
PBA provides clients with business and management consulting services, helping clients achieve sustainable growth and/or becoming attractive acquisition opportunities. Weixel will be responsible for the direction and development of non-legal consulting projects for new and existing PBA clients with an emphasis on projects involving finance, governance, risk and mergers and acquisitions. PBA also supports technology start-ups with LaunchPad, an incubator program founded in 2012. Weixel will help increase its impact and presence in the San Diego life sciences marketplace.
Greta Proctor, Wendy Tucker and Stephenie Alexander will review a charter school’s practical and legal means of supporting employees, improving staff morale and increasing employee retention.
Merrick Wadsworth will provide a brief overview for school decision makers of the Form 700 Statement of Economic Interests and the filing process, and will address common disclosure questions from school board members and leaders.
CLIENT NEWS
Investment Firm Closes on $112.5M Multi-Family Real Estate Purchase
In yet another expansion of its real estate portfolio, client and prominent California-based investment firm Davlyn Investments completed its $112.5-million purchase of a 294-unit, luxury, multi-family community complex in Phoenix, Arizona. “The Boulevard” will be renamed “Boulders at Lookout Mountain.”
We're pleased to welcome Gabriela Turner to our corporate law team. She counsels clients in a variety of industries with matters including mergers, acquisitions, venture capital, licensing, and securities filings.
Please welcome corporate attorney Steven Moseley, who focuses on the development, protection and licensing of technology and related intellectual property, including drafting and negotiating technology development, manufacturing, distribution and licensing agreements.
Welcome to new associate Anna Hohag, who advises Tribal governments and Tribal entities on Native American governance, intergovernmental agreements, natural and cultural resources, environmental and land use issues, housing, education, general welfare, economic development and gaming matters in Indian country.
Please welcome our newest litigator, Alex Wolfe, who handles a wide range of complex business disputes and civil litigation, including contracts, IP, bankruptcy, leases, corporate governance, partnership and business management disputes, enforcement of judgments, and products liability.
Congrats to Mary Salamone on being named by her peers a Super Lawyer for Southern California for Construction Litigation! Mary joins 22 other Procopio attorneys recognized by Super Lawyers.
As Black History Month begins, we're hard at work identifying our 2022 diversity interns through programs with California Western School of Law, University of San Diego School of Law, The San Diego County Bar Association and the Diverse Attorney Pipeline Program (DAPP). True equity means honoring historic pioneers while proactively fostering future opportunities.
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