Articles

Ninth Circuit Expands Specific Jurisdiction in E-Commerce: What Briskin v. Shopify Means for Online Businesses

The Ninth Circuit sitting en banc has greatly expanded the reach of personal jurisdiction by holding that e-commerce companies can be sued in any state where their platforms interact with users, even without differential targeting and without an in-state physical presence, notes Sean Sullivan. The ruling appears to substantially broaden allegations that may support jurisdiction under a “purposeful direction” theory, particularly when interactive businesses use cookies, geolocation tools, and embedded code to collect consumer data for monetization.

Understanding FinCEN’s New AML/CFT Rule for Investment Advisers: What You Need to Know Before January 1, 2026

Certain registered investment advisers (RIAs) and Exempt Reporting Advisors (ERAs) will face new federal compliance and filing requirements in the new year, notes Jennifer Trowbridge. Starting January 1, 2026, they will be required to comply with Financial Crimes Enforcement Network’s (FinCEN’s) new anti-money laundering (AML) and countering the financial terrorism (CFT) regulation. Jennifer details what advisers need to know and the steps they should take to remain in legal compliance in this new article.

Gone from Copyright: Ninth Circuit Rejects Copyright Protection for Iconic “Eleanor” Shelby Mustang

Not every film icon gets legal protection. The Ninth Circuit ruled that Eleanor—the legendary Mustang from the Gone in 60 Seconds film franchise—is not a copyrightable character. As such, the court hit the brakes on efforts to protect the car under copyright law. The decision draws a sharp distinction between pop culture props and protectable characters. Sean Sullivan breaks down what this means and highlights lessons those wishing to secure intellectual property protection regarding the drafting of filings for protection.

New Requirements Have Been Imposed on Some California Property Owners Renting Out Commercial Space: Learn How SB 1103 Could Impact You

Although the parties to commercial leases in California have historically had the freedom to bargain over nearly all terms of a lease with little statutory restraint, a law that came into effect this year imposes novel requirements on California property owners renting commercial space to certain small businesses, notes David Crawford. California Senate Bill 1103, named the Commercial Tenant Protection Act (“CTPA”), imposes limits on a landlord’s ability to pass through certain building and common area operating expenses and expands some existing residential tenant protections to certain commercial tenants.

Startup Legal Series: Intellectual Property

A startup's intellectual property portfolio, when built strategically, can fuel investment, fund growth, and maximize exit. In the video below, Noel Gillespie breaks down patents, trademarks, copyrights, and trade secrets while providing salient insights on what protection startups should pursue and when.

News

Top Bankruptcy and Lending Attorney Maria K. Pum Joins Procopio as Partner in San Diego: Six Associates Also Join the AmLaw 200 Law Firm in Del Mar Heights, Orange County, Silicon Valley, and Washington, D.C.

We’re thrilled to have Maria Pum join us as our latest Partner! An experienced bankruptcy and commercial lending attorney, Maria brings clients three decades of experience representing creditors, borrowers, trustees, and institutions in high-stakes financial matters. She’s been recognized by Super Lawyers and Best Lawyers for nearly two decades and joins our downtown San Diego office.

Also starting this week are six additional attorneys: Employment Law Senior Associate Karina Lo (Orange County) and Associates Troy Q. Strange (Del Mar Heights) and Taylor Tejeda (Silicon Valley); Real Estate Litigation and Transaction Associate Mark Rawdin; Financial Litigation Associate Benjamin White (Del Mar Heights); and IP Litigation Associate Adam Woodward (Washington, D.C.).

Events

Lawsuits & Leverage – A Webinar Series by Procopio & ACC San Diego

Join Procopio and ACC for Lawsuits & Leverage, a webinar series for in-house counsel tackling today’s most pressing litigation and dispute resolution challenges.

Each session features experienced legal leaders sharing practical strategies on managing litigation, mitigating risk, handling internal investigations, navigating e-discovery, and more. Reserve your spot today to gain insights you can apply immediately.

** Pending 1 hour MCLE approval per session **

• June 5: “Key Litigation Trends and Risk Mitigation Strategies for 2025,” Elaine Harwell (Procopio) and Kirsten O'Donnell (Owlet)
  
• June 18: “Internal Investigations and Crisis Management,” Meg Dawson (Procopio) and Gina Miller (Procopio)
• July 1: “Effective Dispute Resolution: When to Litigate vs. Arbitrate,” Sean Sullivan (Procopio) and Kyle Strong (Collins Aerospace)
• July 16: “The In-House Lawyer’s Guide to E-Discovery and Data Preservation,” Jacob Poorman (Procopio)
• July 30: “Building a Winning Appeal Strategy: A Guide for In-House Counsel,” Kendra Hall (Procopio)

Life Science Licensing Made Simple | 9:00 - 10:00 am PT | webinar

Hosted by University Lab Partners and featuring Procopio Technology Transactions and Licensing Co-Leader Helen Goldstein, this webinar offers a foundational overview of technology licensing, emphasizing its value as a strategic tool for business growth, revenue generation, and collaborative partnerships.

Early-Stage Financing Strategies for Startups | 9:00 - 10:00 am PT | webinar

Early-stage financing provides Life Science startups with the critical capital needed to develop their product, grow their team, and bring their vision to market. Join Procopio Emerging Company & Venture Capital practice Leader Paul Johnson for a valuable webinar that focuses on the essentials for early-stage financing. 

Awards & Accolades

4 Procopio Partners Named 2025 Leaders of Influence in Life Sciences

Congrats to our four named 2025 Leaders of Influence in Life Sciences by the San Diego Business Journal. The four recognized attorneys—David Crawford, Paul Johnson, Robert “Bob” Ramos, and Xiaofan “Frank” Yang—are award-winning attorneys providing valuable corporate, intellectual property, and real estate legal services to medical device designers and manufacturers, innovators in the biologics, genomic, diagnostic, e-health, digital health technologies, and other life sciences companies.

Procopio Patent Practice and 4 Partners Named to IAM Patent 1000 List

Our award-winning patent prosecution practice was named to the 2025 Patent 1000 list by IAM, as well as IP Team Leader Miku Mehta and Partners Noel Gillespie, Mindy Morton, and Xiaofan "Frank" Yang. Of our patent practice, IAM said we’re “a hit with innovative technology and life sciences clients,” which “earns recognition as an outfit that is ‘highly technically proficient at what it does and capable of producing high-quality work at a reasonable cost.’” Learn what IAM said about each of our partners in our release.

Real Estate Partner Named to 40 Under 40 List of Outstanding San Diegans

Kudos to Real Estate Partner Sara Neva on being named a 2025 40 Under 40 by SD Metro Magazine. 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. This is the latest of many accolades for her, which include recognitions from Best Lawyers, Super Lawyers, and the San Diego Business Journal. 

Social Media

With a possible recession on the horizon, Procopio Bankruptcy Law Partner Maria Pum believes she could be busy in the coming months. "Unfortunately, another downturn may be coming, so my skill set is definitely going to be needed," Maria told James Mills of Law360. James profiled Maria because she just joined Procopio this week as a Partner. "I liked the fact Procopio is a San Diego-based firm and is the right size," Pum said. "I've been with thousand-person law firms and they're fine, but this size (about 200 attorneys) suits me better. Definitely a big-firm environment without being enormous." Learn more about Maria in this Law360 article (subscription may be required).

Procopio IP Team Leader Miku Mehta (far left below) spoke on building a patent portfolio in a generative AI world May 8 at the 2025 Annual Silicon Valley IP Counsel Café conference in Mountain View. Joining him on the panel to discuss diverging approaches around the world regarding AI and patents was (from the left) was Archana Bhuta of SRI International, Suvashis Bhattacharya of IQVIA, Kanda Ishihara of Lyft, and Jonae Felton of Mercedes-Benz R&D NA. This year’s conference theme was American Innovation in Persistently Turbulent Times, and Procopio was proud to once again sponsor this multi-day conference.

Real Estate Partner Steve Casselberry recently moderated a compelling panel on today's volatile marketplace, including a discussion of key financial and regulatory challenges community banks are facing. Held in The Pacific Club in Newport Beach and sponsored by the Risk Management Association of Orange County Chapter, it was an event filled with critical information and engaging conversation.

Procopio Partner and Land Use practice leader Jim Vaughn moderated a compelling panel in La Quinta, CA, on housing, sponsored by the BIA Coachella Valley Chapter. The panel is part of a larger event featuring round-robin pitches and a reception. His panelists included Darren Warren, Vice President of Land for the Southern California division of PulteGroup; Greg Wallis, California State Assemblymember; Greg McWilliams, Chief Policy Officer and Vice President of Five Point; V. Manuel Perez, Riverside County 4th District Supervisor; and Mario Gonzalez, President and CEO of GHA Companies.

It's a lucky student indeed who gets to study under Partner Adrian Martinez! Kudos to him on once again providing his wisdom to graduate students, this time as a faculty member for foreign lawyers in the University of San Diego School of Law Master of U.S. Law program, taught in Spanish. Don't worry, Adrian is still advising and representing clients in litigation matters, including civil litigation and family law disputes, with an emphasis in cross-border litigation.

We had such a great time at our Annual Pickleball Tournament we organized with ACC San Diego! Held at Rancho Santa Fe's Fairbanks Ranch Country Club, teams squared off in heated (and lighthearted) competition on a lovely spring day. Among those from Procopio in attendance were attorneys Matt Abbot, Meg Dawson, Bill Eigner, Michael Kiesling, Elaine Harwell, and Neil Salyards as well as CMO Kevin Wilson. The tournament winners were Andrew Ng of Brain Corp and Lori Rich. Natalie Prescott of Fulgent Genetics, James Arnold, Jr., of W. L. Gore & Associates and Anu Naidu of Veros also won individual awards. We're already looking forward to next year!

Let's Work Together.