Industry Q&A

The Current Landscape for Private Equity Investment: What Entrepreneurs Need to Know

What do entrepreneurs looking for private capital investment need to know in today’s economic climate? Our Mergers & Acquisitions and Strategic Joint Ventures co-leader Jason Femrite dove into that topic in a Q&A with Craig Dupper, Managing Partner of Elan Growth Partners. They discussed the current private equity landscape, tailored growth strategies, and working capital optimization, while providing advice to company leaders looking to engage with a private equity investor.

An Alternative Listing Strategy for U.S. and Canadian Capital Markets

When a U.S. emerging growth company considers going public, they likely are only aware of two national exchanges available to them. Our Capital Markets & Securities leader Christopher Tinen has highlighted a third option in a Q&A with Erik Sloane of Cboe Global Markets and Alexander Lalka of the Canadian law firm Miller Thomson LLP. Learn how Cboe, the 2nd largest ETF listing in the U.S., is focused on providing companies looking to go public an alternative to NYSE and NASDAQ, and cross-border opportunities in Canada.

Articles

FTC Seeks to Restrict Non-Compete Agreements

Companies across the U.S. could be forced to tear up contracts if the Federal Trade Commission's new final rule restricting non-compete clauses goes into effect. Rachel Edwards and Paul Johnson break down some of the impacts the FTC rule could have, noting it currently is being challenged in court and implementation could be delayed.

Scammers are Seeking to Steal Your Property Using Wild Deeds

Could someone transfer your property ownership away from you without your knowledge? One scam recently in San Diego County took advantage of the fact that California County Recorders do not vet the contents of deeds to ensure validity, note Denise Stich and Madolyn Orr. An individual without any connection to the property sought to create confusion in the public property ownership records by recording fake deeds (wild deeds) purporting to grant ownership to a different organization. Denise and Madolyn suggest a proactive step San Diego County homeowners and businesses should take, taking advantage of a free county service.

New Title IX Regulations: What’s Changing for California TK-12 Schools?

The U.S. Department of Education’s April 19 Final Rule under Title IX is making headlines, but what will change for California’s TK-12 schools? Greta Proctor and Merrick Wadsworth explain what TK-12 schools need to do for compliance before the regulatory deadline, and why we view the new regulations as more of a shore-up than a complete overhaul in a state already proactive in protecting student rights.

Contract Terms Serve as Eligibility Criteria for Medical Staff Membership and Privileges

A California Court of Appeal has provided additional guidance on how hospital decision making and contracting with medical groups for services influence or affect medical staff operations and fair hearing rights. Rachael Harrington and Mindy Morton note the court has more effectively opened the door for medical staffs and hospitals to consider eligibility requirements related to a provider’s past disciplinary record.

Time for California Healthcare Providers to Review Policies Regarding Mental Health Treatment of Minors

Now is the time for California healthcare providers working with minors to consider updating any policies or training on minor consent for mental health treatment or counseling on an outpatient basis and residential shelter services, notes Rachael Harrington. Changes to the state law take effect July 1, 2024, including its related impact on minor patient privacy rights.

Events

Unlocking the Mysteries of Privacy: Insights from Industry Titans

Privacy laws and regulations are constantly changing. Learn firsthand how in-house privacy attorneys are staying ahead in a roundtable conversation May 22 in La Jolla, California, led by our Privacy & Cybersecurity leader Elaine Harwell. Learn what keeps these leading attorneys up at night, how their roles in privacy have changed, and strategies they use to keep privacy top of mind for their workforce. We are organizing this event in conjunction with ACC San Diego, and a networking reception will follow the event.

Check out our impressive speakers:

Complimentary Section 504 Webinar | 12:00 - 1:00pm PST

David Graham provides training for charter schools on Section 504 compliance, delving into the legal nuances of complying with Section 504 of the Rehabilitation Act of 1973, including differences and similarities as compared to the Individuals with Disabilities Education Act (IDEA). David has served as an education specialist, special education administrator, and 504 Coordinator in California charter schools prior to representing schools as an attorney.

Client News

3 Procopio Clients Named Connect 2024 Cool Companies

Kudos to 3 clients named to the Connect San Diego 2024 Cool Companies list, DeepWater Exploration Inc., MeCo Diagnostics and WowYow AI! The first two are clients of corporate law partner Bill Eigner and the third of IP partner Pattric Rawlins.

DeepWater Exploration is at the forefront of autonomous marine technology, specializing in advanced machine vision solutions. MeCo develops predictive biomarker tests to match cancer patients to low cost, low toxicity, FDA-approved, repurposed drugs. WowYow is a computer vision AI company with technology that can analyze visual content (video, images, text, etc.) and create valuable metadata, applying this to limitless use cases.

Procopio is a longtime sponsor of Cool Companies, and since 2015 they have raised over $900 million in Series A alone.

Awards & Accolades

Procopio Named a Top Ten Large Law Firm for Patent Quality

We’re proud to have been named a Top Ten Large Law Firm for Quality by Patent Bots®! We made the cut after they analyzed nearly 324,000 patents issued in 2023 involving 730 law firms, using AI to count certain types of errors. Procopio is also listed in Patent Bots' Top 100 for the number of issued patents issued over the last year. We ranked 91st with 748 issued patents. which averages more than two patents secured for clients every day. Let’s hear it for our dozens of patent attorneys, led by IP Team Leader Miku Mehta!

These are not the only accolades Procopio’s patent practice has received. We have been recognized by Juristat as one of the fastest-growing patent firms in the U.S., recognized by Best Law Firms® as a top firm in both Patent Prosecution and Patent Litigation, and IAM said in naming us to its Patent 1000 list that our patent practice is “highly valued for its A-to-Z patent offering… Accessible and hands on, its practitioners ensure a top-notch and responsive service at a reasonable price.”

Real Estate Partner Recognized for Fifth Straight Year by Super Lawyers in Southwest

Procopio Partner Andrew Yocopis has again been recognized by his peers as a Super Lawyers® Rising Star for Real Estate Law in the Southwest! Based in our Scottsdale, Arizona, office, this is his fifth straight year earning the recognition.

Andrew represents clients in the acquisition, development, financing, leasing, and disposition of commercial properties, including multifamily and mixed-use developments, office buildings, shopping centers, industrial sites, and hotels. His clients include commercial real estate developers, banks, pension funds, private equity groups, real estate investment trusts and various non-real estate-related companies. Andrew has played a key role in marquee development projects in Arizona, Colorado and throughout the southwestern United States.

2 Partners Named to 2024 San Diego Top Attorneys List

Kudos to Procopio Partners Sara Neva and Bill Eigner on their recognition by SDMetro Magazine as 2024 San Diego Top Attorneys! These award-winning attorneys are also recognized by Best Lawyers and have many other accolades. Only 14 attorneys were named to this year’s SD Metro list.

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.

Bill counsels clients in the areas of mergers & acquisitions (M&A), venture capital, angel financing, seed capital and financing, governing, operating, buying, selling and merging of growing technology, life sciences, defense, and other businesses.

Social Media

We're excited to announce the newest member of our Corporate Law team, Senior Counsel Natalie Dundas! Natalie supports private and public companies with an M&A focus, including auction processes and international carve-out transactions, private equity, and corporate governance and other general corporate matters. She also represents public companies in periodic reporting review and compliance matters as well as in public offerings and private placements of equity and debt. Check out her impressive list of representative matters and learn more about Natalie.

Please welcome the newest member of our IP team, Patent Agent Yuefen "Jennifer" Zhou! She provides patent services for a wide array of life sciences and medical device companies in the chemistry arts, including application drafting and prosecution, freedom to operate analyses, non-infringement and invalidity opinions, and international portfolio management. With a PhD in organic chemistry and a postdoctoral fellowship in chemistry, she brings clients specialization in medicinal chemistry and drug discovery research in anti-neurodegenerative disorders, anti-HCV, antibacterial, anti-cancer and women’s health. Her chemistry expertise includes medicinal, organic, organometallic, polymer, surface, and combinatorial chemistry. 

Why did Brent Johnson and Brian Coleman join Procopio as IP partners? They talked to Law360 on that topic. Brent, in our Orange County office, said he was drawn to the firm's life sciences focus, along with its support for IP attorneys. Brian, in our Silicon Valley office, described Procopio as "nimble end entrepreneurial," which fits his practice. Learn more about these impressive attorneys in the Law360 article (subscription may be required).

Head's up, IP counsel! This year's IP Counsel Café conference held annually in Palo Alto is coming May 7-9. On May 8 our IP Team and Asia Pacific practice leader Miku Mehta speaks on a panel titled "Shifting Landscape and Challenges in Global IP Portfolio Building." Fellow panelists include Mimi Diemmy Dao of Applied Materials, Anna M. Han of the Santa Clara University School of Law, Michael Jones of Zoom, Diane G. of Dolby Laboratories, Timothy Lee of The Walt Disney Company, and George Simion of TerraPower. Procopio is a longtime sponsor of IP Counsel Cafe.

We're excited to be a Platinum Sponsor of the California Society for Healthcare Attorneys (CSHA) 2024 Annual Meeting and Spring Seminar May 3-5 overlooking Lake Tahoe! Rick Barton will be speaking May 5 in a breakfast roundtable on hearing officer arbitration; Rick is a CSHA Hearing Officer. Also in attendance will be Healthcare Partner and Practice Leader Mindy Morton and Associate Rachael Harrington. The conference features a full agenda of MCLE presentations.

How will the commercial real estate market develop in 2024 and beyond? Boom or bust? Real Estate Partner Steve Casselberry hosts a panel May 22 in Newport Beach providing insights on the thinking of bankers, brokers, investors and developers. The event is organized by the Risk Management Association of Orange County Chapter.

Your brand is how you stand out in a competitive global marketplace. Protecting it from infringement, misuse, or dilution is critical to maintaining your market position and your reputation. Learn how we take the time to understand your business, industry, and goals to develop customized solutions that align with your brand's vision and objectives. From developing and implementing a comprehensive trademark and domain name strategy to proactive anti-counterfeiting measures and legal defense actions, we seek to ensure your brand's integrity remains intact.

“Our firm is leveraging GenAI to drive innovation,” the leader of Procopio’s Knowledge Management team, Tiffany ONeil, told the San Diego Business Journal in a feature on Generative AI. “We look for innovative ways to improve client services, improve efficiencies in both legal work and operations as well as solve complex problems in a timely manner.” She mentioned examples including document reviews (litigation discovery, M&A due diligence, etc.); legal market analysis; and data management. Procopio is focused on “addressing ethical, security and privacy considerations” with GenAI, Tiffany said, noting while it can assist, “the ultimate advice and decisions must end with the lawyers themselves.”

We're proud to be a sponsor of Women In Bio - Engage. Educate. Empower. We're also excited to engage with Biotechnology Innovation Organization conference attendees in San Diego, where many of our award-winning Life Sciences attorneys are based. See you in June!

What a compelling panel discussion April 23 in San Jose led by our Trade Secrets practice leader Mindy Morton at the Trade Secrets IP & Litigation West Coast conference. Kudos to all who participated.

What are the top 5 concerns for in-house counsel of public companies? Procopio securities law attorney Jennifer Trowbridge offered her insights at the 6th annual All Day MCLE La-LAW-Palooza by ACC San Diego. Joining Jennifer in the conversation was Amber Condron, corporate counsel for Marriott Vacations Worldwide.

We’re proud to be a sponsor of Naturally San Diego, and our attorneys who attended the April 25 Pitch Slam in San Diego’s Liberty Station were inspired by the entrepreneurs who participated in its Shark Tank-style competition before more than 350 attendees. More than $150,000 worth of prizes were awarded to emerging San Diego brands. Attending for Procopio were Partners Jason Femrite and Barry Soalt and Senior Associate Neil Salyards, along with Business Development Manager Amy Wimer. Congratulations to the Pitch Slam winners! First place went to Scott Zimmerman of Loli's Foods, second place to Madelyn Hadley of Madly Hadley, and the People’s Choice went to Hilary Cocalis of Sipwell Wine Co.

Let's Work Together.