HIPAA and Cookies: A Potentially Dangerous Combination
Websites using data tracking and collection software risk potentially serious consequences under the Health Insurance Portability and Accountability Act of 1996, commonly referred to as “HIPAA.” In a Bulletin issued December 2022, the U.S. Department of Health and Human Services (HHS) cautioned against the use of cookies, and other data-collection software, that may result in unintended violations of HIPPA. Rachel Edwards and Julian Lean have the details.
California Court Invalidates the Ability to Obtain Default Interest on Loans That Have Not Matured
A question critical to lenders is this: If a late fee is assessed upon the entire principal balance of the loan, is it invalid when the loan is not fully matured? The answer appears to be yes in California, as the result of a recent appellate ruling. Lenders should beware, as Steven Casselberry, Stephen Isbell, and Alaina Persinger anticipate that more law firms will target lenders who have charged and collected late fees based on the unpaid principal balance.
Welcome Clarity for Medical Staffs and Healthcare Entities Facing Frivolous or Retaliatory Lawsuits
California medical staffs and healthcare entities recently received a welcome example of the immunities and protections afforded to those involved in good faith peer review as the result of a state appeals court decision, while also gaining insight on the broad interpretation and meaning of the term “investigation,” Rachael Harrington explains. The decision helps if one is facing a frivolous or retaliatory lawsuit.
Procopio Elevates Six Attorneys to Partner for 2023
Six Procopio attorneys based in downtown San Diego, Del Mar Heights and Orange County have been elevated to Partner status as the firm enters 2023. Elaine Harwell, John C. Lee, Alexandra “Sasha” Selfridge, Trent Andrews, Gregory Boger, and Alex Brizolis are the latest to assume this role.
“Each of these new Partners has exhibited great character, competence and commitment to the firm and our clients,” said Managing Partner John D. Alessio. “They possess unique skill sets that reinforce Procopio’s stability and strength in the areas of commercial litigation, privacy and cybersecurity, insurance coverage, business, finance and intellectual property.”
Elaine Harwell is the leader of Procopio’s Privacy and Cybersecurity practice, and focuses on representing clients in privacy and data security matters, including litigating claims involving privacy issues, helping clients manage emerging risks and conduct privacy risk assessments, and advising on regulatory and compliance issues.
John C. Lee focuses on commercial financing transactions, including secured and unsecured credit facilities, real estate loans and construction loans.
Alexandra “Sasha” Selfridge leads Procopio’s Insurance practice, and assists clients in a wide range of civil litigation, including insurance coverage, appellate practice, business litigation, premises liability, breach of contract, construction defect, products liability, and transportation litigation.
Trent Andrews represents clients in a variety of industries with their business and corporate matters, including mergers, acquisitions, venture capital and private equity financings.
Gregory Boger focuses primarily on U.S. and foreign patent prosecution, in addition to trademark prosecution, litigation, licensing, and intellectual property counseling.
Alex Brizolis represents clients in various complex business, corporate and real estate litigation matters.
Procopio’s M&A and Strategic Joint Ventures attorneys closed dozens of deals in 2022 for companies in a broad array of industries, including life sciences, software, technology and more. Our seasoned attorneys represented clients in all aspects of sophisticated deals, whether buy side or sell side, partnering with them to protect their interests and safeguard their assets.
Here are just a few of their publicly disclosed deals:
Breakfast Bytes: 2023 Labor & Employment Law Updates
Don’t miss your chance to join Procopio’s Labor and Employment Law team for a hosted breakfast and insight from Travis Jang-Busby and Leslie Horwitz into the most pressing issues facing California employers this year. We will be covering the following topics:
An overview of new laws affecting California employers in 2023;
Hot button employment issues related to the new 2023 employment laws; and
Implementation of best practices for avoiding pitfalls associated with the new 2023 employment laws.
Global Life Sciences Partnering & Investor Conference | La Jolla, CA
We're proud to sponsor this conference presented by Biocom California, which includes more than 650 one-on-one partnering meetings, thought leader panel discussions and fireside chats, and numerous networking opportunities.
Negotiating IP Rights in Industry Sponsored Research Agreements | webinar | 10:00 - 11:30 am PT
Procopio IP Partner and Life Sciences practice leader Jeffrey Morton co-leads this Strafford CLE course, which will guide counsel on negotiating and structuring industry-sponsored research agreements (SRAs) to allocate IP ownership.
Startup Fundamentals #1/3: Start Right, Avoid Common Mistakes & Pitfalls | Palo Alto, CA | 5:00 - 9:00 pm PT
If you're looking to build a successful, fundable startup that is based on a sound financial model, and is ready to be pitched to investors in Silicon Valley, you won’t want to miss this in-person workshop in Procopio’s new Silicon Valley office at 5 Palo Alto Square with Partner and Emerging Growth & Venture Capital practice leader Roger Rappoport.
Procopio’s Life Sciences Practice Under New Leadership
Procopio’s rapidly growing Life Sciences practice is now led by award-winning IP Partner Jeffrey Morton. A PhD immunologist, he has extensive patent experience in technologies including genomics, immunology, and gene editing technologies, and provides strategic intellectual property advice, including patent prosecution, and related transactional support for emerging and mature companies in life sciences and medical technologies.
The firm’s Life Sciences practice has grown significantly in recent years under the previous leadership of Partners Noel Gillespie and Robert “Bob” Ramos, who are both continuing their active practices.
Award-winning real estate tax Partner Robert Brown has assumed leadership of Procopio’s Tax Team, which includes about twenty corporate, individual and international tax attorneys. Robert’s practice focuses on tax structuring and deal-making over a broad range of transactions, with an emphasis on sophisticated and complex multifamily investment real estate. He is recognized by Best Lawyers® in both Tax Law and Real Estate Law.
Procopio’s Tax Team has for about the last five years been in the capable hands of Partner Eric Swenson, who will continue serving clients on tax controversy and business transactions.
Please welcome Helen Goldstein, the latest addition to our corporate law team who assists life sciences and other companies with M&A, corporate governance, and commercial contracting. She advises companies from their earliest stages in which IP protection and regulatory compliance are critical. Helen is based in our growing Scottsdale office.
We're pleased Thomas Feix has joined our growing IP team. With more than 20 years of in-house patent experience with a Fortune 500 company, he focuses on IP protection & management, identifying and securing protections for inventions and brands worldwide, counseling on freedom to operate, IP risk mitigation, exclusionary strategy, licensing strategies, and enforcement of rights.
A warm welcome to the newest member of our Real Estate team, Madolyn Orr, who joins our Silicon Valley office. Ms. Orr negotiates, drafts, interprets, and enforces contracts and other transactional documents connected with commercial leasing, property management, and landlord-tenant relations; acquisition and disposition of real properties; joint property ownership; and the creation, modification, and termination of easements and other agreements for shared use of real property.
Property tax assessments in Mexico are often lower than the estate's fair market value, explains Enrique Hernandez-Pulido to luxury real estate magazine Mansion Global, and property taxes are in general significantly lower in Mexico than in the U.S. and Canada. This can make it a compelling market. The article breaks down differences in property taxes in Cabo San Lucas, Puerto Vallarta and Punta Mita.
As Black History Month begins, we're focused on identifying our 2023 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. True equity means honoring history while proactively fostering future leaders.
We offer our best wishes for a Happy Lunar New Year, and for prosperity and health in the Year of the Rabbit!
This publication is not intended to provide legal advice for a specific situation
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Procopio, Cory, Hargreaves & Savitch | 525 B Street Suite 2200 San Diego, CA 92101
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