Articles

PAGA Reform Deal Announced by Governor Newsom: Placebo or Panacea?

Is the recent deal struck by California Gov. Gavin Newsom and state legislators on PAGA reform a panacea or placebo for employers in the heavily regulated state? Marie Burke Kenny breaks down the compromise that will, once signed into law, remove a controversial initiative, known as the “Fair Pay and Employer Accountability Act,” from the upcoming November 2024 ballot. While a mixed bag, there are at least 6 proposed changes in the landmark deal that could be good news for California employers.

Is Your School Ready for the New Recess Rules?

New requirements are going into effect for elementary school recess in California, including at charter schools. Greta Proctor and Julia Choi note schools are not required to provide recess, but the law will impose new requirements for any elementary schools that do offer recess. If your school serves grades TK-6 and offers this kind of break time, whether or not you call it recess, now is the time to make sure you’re ready for the new rules starting this fall. 

News

Inviting San Diego CEOs to Join a Peer-to-Peer CEO Circle Focused on Capital Raising and M&A 

Procopio and ACG San Diego are seeking CEO nominations for the latest ACG CEO Circle, a moderated monthly meeting with local CEOs in an engaging peer-to-peer format focused on M&A, capital raising and growing company value. Procopio is proud to sponsor this latest Circle, in which our Mergers & Acquisitions and Strategic Joint Ventures practice Co-Chair Jason Femrite actively participates in these thoughtful and creative discussions.

CEO Circle members are carefully vetted to avoid competitors becoming part of the same group. Sales pitches and solicitation are not allowed, and everything shared is held in the strictest confidence. The focus is on providing CEOs a kitchen cabinet of peer advisors, often resulting in personal friendships that last a lifetime.

This CEO Circle is being held the fourth Thursday of every month from 8:30 – 11:30 am PT.

To apply or nominate a CEO for this significant opportunity, provide the requested information online, or email Inge Carr with questions. This CEO Circle is just launching, so time is of the essence to apply.

Awards & Accolades

USPTO Honors Procopio Patent Attorneys for Pro Bono Legal Services

Kudos to Procopio patent prosecution attorneys Jonathan Cheng and Kendrick Lam on their recognition by the U.S. Patent and Trademark Office (USPTO) for pro bono legal services they provided! Both were recognized for volunteering more than 50 pro bono hours to clients through the California Lawyers for the Arts. Multiple Procopio patent attorneys provided more than 250 pro bono hours in 2023 in an effort coordinated by Stephen Beuerle.

Pro bono legal assistance has been a core principle of Procopio dating back to its co-founder Alec Cory. Our Pro Bono Committee led by Tiffany Salayer actively identifies pro bono opportunities for attorneys so all have an opportunity to give back to their communities.

3 Procopio Partners Named 2024 WIPR Leaders

Kudos to Intellectual Property Partners Noel Gillespie, Miku Mehta and Xiaofan “Frank” Yang on being named to the 2024 World Intellectual Property Review (WIPR) Leaders list! This prestigious recognition is the result of peer review research across six continents in what WIPR says was “the most comprehensive and rigorous” to date. Noel advises start up and emerging growth clients on strategic patent portfolio development and implementation. Miku's practice focuses on the preparation and prosecution of patent applications and due diligence projects, including preparation of opinions in the areas of patentability, validity, infringement and product clearance, and patent licensing. Frank provides comprehensive IP strategic counseling to public and private biotechnology, pharmaceutical, digital health and medical device companies, and has a PhD in organic synthesis. 

2 Procopio Attorneys Named 2024 Women of Influence in Law

Kudos to Sara Neva and Jennifer Trowbridge on been named to the 2024 Women of Influence in Law list by the San Diego Business Journal! These are just the latest in a series of recognitions for Sara, a Real Estate partner, and Jennifer, a Capital Markets and Securities senior counsel. Sara’s practice involves real estate property purchase and sale, commercial leases and easements, joint venture formation and other equity investments, financing, land use and entitlements. Jennifer focuses on a wide array of corporate law, including securities law, corporate finance, mergers & acquisitions, and Exchange Act reporting and compliance.

Events

Title IX Training Before August 1! | webinar | 12:00 – 1:30 pm PT

All charter schools that receive federal funds must comply with Title IX, and the Title IX rules are changing on August 1, 2024. Greta Proctor and Merrick Wadsworth provide a Title IX training by webinar for charter schools to meet this timeline. This 90-minute webinar meets the training requirements of the federal Title IX regulations, while helping schools understand the practical side of how Title IX works in California TK-12 charter schools.

Procopio International Litigation & Arbitration Retreat (PILAR) | San Diego, CA

PILAR brings litigation attorneys from the U.S. and Mexico together to discuss U.S. legal concepts and issues relevant to disputes involving foreign nationals, laws, and events involving both countries. Throughout the event, attendees will have the opportunity to engage in meaningful discussions and gain valuable insights into the practical aspects of cross-border dispute resolution. Attendees will hear from experienced litigators on both sides of the border, who will provide in-depth analysis and perspective on common and complex legal issues faced by practitioners involved in multi-jurisdictional disputes.

Client News

Nearly Half-Billion-Dollar Refinancing Secured for Luxury Hotel

Kudos to client Manchester Financial Group on securing a $430-million refinancing with a commercial mortgage-backed securities loan for its luxury Fairmont Austin hotel from Goldman Sachs. The city’s fifth-tallest building, Manchester opened the 37-story hotel in 2018. It spans 1.4 million square feet with 1,048 guestrooms and suites, nearly 140,000 square feet of meeting space, a full-service spa, five dining options, a 7th-floor outdoor pool and a pedestrian walkway to the Austin Convention Center.

Procopio Real Estate partner David Crawford led the transaction for Manchester with assistance from Stephen Isbell and Mike Polvi. JLL served as the broker.

Leading Pharma Software Innovator Secures Another Key AI-Powered Acquisition

Congrats to client Simulations Plus, Inc. (Nasdaq: SLP) on its $100-million acquisition of Pro-ficiency! Simulations Plus is a leading provider of modeling and simulation software and services for pharma safety and efficacy, and this addition expands its operations from establishing pre-clinical protocols to product commercialization, offering pharma and biotech companies end-to-end service offerings. Dennis Doucette has represented Simulations Plus for more than 25 years and was the attorney who assisted in taking the company public. He led this deal, working with M&A practice co-leader Jason Femrite. Assisting was Helen Goldstein, co-leader of our Life Sciences and Technology Transactions & Licensing practices, and corporate attorneys Caitlin Murphey, Gabriela Turner, Michael Tiab, Kaitlyn Jensen and Natalie Dundas.

Esteemed Commercial Landscaping Company Acquired by Equity Partnership

Kudos to client and renowned SoCal commercial landscape and property maintenance provider LaBahn's Landscaping on its acquisition by Verde Property Services, the operating arm of Verde Equity Partners. Labahn’s Landscaping has for more than 40 years dedicated itself to quality, innovation, and customer satisfaction. M&A practice Partner Dennis Doucette led the team supporting Labahn’s Landscaping, assisted by corporate attorneys Natalie Dundas and Kaitlyn Jensen. They were joined by three members of Procopio’s Tax Team, David Boatwright, Eric Swenson and John Miles.

Social Media

Please welcome to Procopio Hao “Harold” Guo! He provides technology industry clients from solo inventors to Fortune 500 companies with patent prosecution and IP portfolio management, as well as providing legal guidance regarding infringement, validity, and freedom-to-operate investigations; patent portfolio evaluations for licensing and M&A due diligence; and supporting Procopio’s IP litigation attorneys. Harold has drafted and prosecuted applications in abroad range of complex technologies such as 5G wireless technologies, augmented reality, artificial intelligence and machine learning (AI/ML), autonomous driving vehicles, LiDAR, optical devices and displays, microelectromechanical systems (MEMS), semiconductor design and manufacture, and robotics.

Kudos to Sarah Taylor and Leyla Tabatabaie on their well-deserved recognition as Certified Family Law Specialists by the State Bar of California Board of Legal Specialization! This distinction separates them from the crowd. They join existing attorneys in our Family Law group who also have the certification, Michele Brown and David Zachry.

Learn more about our Family Law practice and how our attorneys bring experience and empathy during difficult circumstances, serving as your ally throughout the dispute process.

Shoutout to corporate law Senior Counsel Natalie Dundas on being named an Executive Member of the MAPLE® Business Council! A native of Welland, Ontario, who earned her BA in Canada, Natalie will help drive MAPLE's mission of connecting executives and organizations across Canada from its SoCal base for bilateral investment, trade and entrepreneurship opportunities.

Learn more in MAPLE's press release.

An invite-only audience in La Jolla July 11 will hear from our International Tax leader Pedro Corona de la Fuente, described by the Bloomberg-allianced publication El Financiero as "a leading authority on international tax law." The need for sophisticated tax and estate planning is more critical than ever for Mexican individuals with interests in the U.S. as international trade changes, thus the event "U.S.-Mexico Investment Roundtable IV" to bring together experts discussing how to navigate the landscape of cross-border transactions. Opening remarks will be delivered by Baja Treasury Secretary Marco Antonio Moreno Mexica. Other speakers include Benjamin Pace of Cerity Partners, John Fiscella of Oak Hill Advisors, Reginaldo M. Esquer Felix of SAE&CIA, and Daniel Kramer of Eurasia Group, with special guest Gustavo Sánchez Vásquez, Senator-Elect of Baja California.

"The legal landscape surrounding adaptive reuse projects is intricate," Procopio Real Estate team leader Jeff Stoke told Anna Griffin of Western Real Estate Business. "From navigating zoning regulations to addressing environmental concerns, legal experts have emphasized the importance of meticulous due diligence and collaboration among stakeholders. Many also call for streamlined approval processes and policy interventions to incentivize adaptive reuse initiatives at both local and state levels."

As much as we love being there for our clients, our seven offices across the U.S. will be closed Wednesday, June 19. We will once again be honoring Juneteenth, which commemorates the formal declaration of freedom for the final group of U.S. slaves in 1865. For Procopio it is a firm holiday, a step the federal government also took in 2021 in declaring it a federal holiday. We hope you take time on June 19 to remember how precious our freedom is and what we all must do individually and collectively to ensure its continued preservation for all Americans.

Let's Work Together.