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title: "Procopio's October 2026 Newsletter: Timely legal insights, news, and more ✅"
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Learn the latest legal insights from Procopio, an AmLaw 200 corporate, intellectual property and litigation law firm. ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­    ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­  

| View in browser October 2026 California Governor Signs SB 690, Curtailing CIPA Pen-Register Litigation California businesses facing privacy claims over cookies, pixels, analytics tools and other common website technologies have a new defense. Governor Gavin Newsom has signed SB 690, eliminating private standing for alleged violations of CIPA’s pen-register and trap-and-trace provisions. The law also has a two-year retroactivity provision that could affect qualifying pending litigation and arbitration. But SB 690 does not put an end to CIPA website litigation. Claims involving pixels, session replay, chat tools, SDKs and other third-party technologies may still proceed under other provisions of the law. Elaine Harwell and Danielle Ocampo Hull explain what SB 690 changes, what it leaves intact, and what businesses should be evaluating now. Read Article Looking South: Tax and Legal Considerations for U.S. Investment in Latin America U.S. investment in Latin America is growing, but the region is far from a single legal or tax market. The right structure can depend on the country, how an investment will be financed and operated, how earnings will move across borders, and what an eventual exit might look like. Our International Tax practice leader Pedro Corona de la Fuente examines what U.S. companies, private investors and family offices should consider when investing in Latin America, and why planning for the full investment lifecycle from the outset can help avoid costly complications later. Read Article California’s Data Center Rules Have Arrived: How Do These Changes Impact Developers and the Entitlement Process? California has enacted seven new laws addressing the electricity, water and environmental impacts of data center development, adding another layer of considerations for developers evaluating sites across the state, note Shawna Strecker and Daniel "Rock" Rockholt. They examine what California’s changing regulatory landscape means for data center development, including lessons from recent Imperial County litigation and the questions developers should consider before committing to a site. READ ARTICLE SEC Expands Guidance on Schedule 13G Shareholder Engagement: What Public Companies Should Know New SEC guidance provides greater clarity on how Schedule 13G filers can engage with public companies, communicate with participants in proxy solicitations, and seek clarification of issuer disclosures without jeopardizing their eligibility to use the shorter-form filing. For public companies, the guidance reinforces the importance of focusing on what significant shareholders are actually saying and doing rather than making assumptions based on their Schedule 13G status. Jennifer Trowbridge and Nathan Gelbrich break down the new guidance. READ ARTICLE Attention S Corporation Owners: What to Consider Before Chasing QSBS For S corporation owners, the expanded tax benefits of qualified small business stock (QSBS) may make converting to a C corporation look attractive. But the potential tax savings at exit are only part of the equation. John Miles outlines six factors owners should consider before restructuring, from eligibility and expected growth to holding periods, ongoing tax costs, deal structure and state taxes. READ ARTICLE Own Property in New York City but Live Elsewhere? A New Tax May Apply We advise clients residing in California, Latin America, and many other locations. Those who own property in New York City that is not their primary residence should be aware of a new property tax surcharge and a recent court ruling ordering the city to redo its implementation. The ruling does not invalidate the surcharge, and the city plans to appeal. Raul Villarreal Garza and Gilberto Lucano López Velarde González explain the surcharge, who may be affected, potential exemptions, and what property owners should know as the litigation proceeds. READ ARTICLE Procopio Helps Secure Unanimous Approval for Major Solar and Battery Storage Project Procopio helped secure unanimous San Diego County approval for Starlight Solar, a major solar and battery energy storage project planned for Boulevard in East County. The project also drew support from environmental organizations and labor representatives and includes significant benefits for the local community.   Our Land Use Practice Leader Jim Vaughn led Procopio’s work for the developer, supported by Matt Abbot, through a complex entitlement process that included extensive consideration of community concerns, environmental and safety issues, and a late CEQA challenge. The project earned unanimous approval from both the San Diego County Planning Commission and Board of Supervisors.   The effort was a true team undertaking. We were glad to work closely with James Whelan, President of J. Whelan Associates, who represented the property owners and played a key role throughout the approval process.   Read more about the project, the approval and Procopio’s work in our press release. Read Release NOVEMBER 5   Procopio Annual Labor & Employment Seminar   Calling All California Employers: Procopio's Annual Labor & Employment Seminar is back with a timely program designed to help employers prepare for the workplace challenges ahead.   Join Procopio's Labor & Employment attorneys for an afternoon focused on the court decisions, new laws, compliance risks, and workplace issues California employers need to know heading into 2027. From the latest developments in discrimination and retaliation law, to wage and hour compliance and increasingly complex accommodation requests, our attorneys will translate the law into practical guidance employers can put to work.   RSVP today to secure your early-bird ticket and guarantee your seat. Limited spots available. Tickets include: Entrance to seminar, boxed lunch, parking, and a hosted reception with beer, wine and appetizers immediately following the program. This seminar is approved for 2.5 HRCI and SHRM credit and pending approval for up to 2.5 California General Participatory MCLE. LEARN MORE & REGISTER OCTOBER 6 Your Prop 39 Facilities Request \| 12:00 – 1:00 pm PT \| webinar Charter schools seeking district facilities for the 2027–28 school year should begin preparing their annual Proposition 39 facilities requests. Join Kevin Davis for a practical workshop focused on the tips, strategies, and lessons learned from more than a decade of experience preparing, negotiating, and when necessary, litigating Proposition 39 facilities allocations—from the Los Angeles Unified School District to smaller districts throughout California. LEARN MORE OCTOBER 8 Hiring & Retaining Key Employees in a Quickly Evolving Immigration Landscape \| 7:45 – 10:00 am PT \| San Diego, CA We are sponsoring a PIHRA presentation by two San Diego-based immigration attorneys providing practical guidance on navigating the latest policy changes, compliance challenges, and strategic considerations impacting employment-based immigration. LEARN MORE OCTOBER 27 From Hire to Fire: CA Employment Law Changes Every CPG Founder Needs to Know \| 11:00 am – 12:00 pm PT \| webinar As your CPG brand grows, hiring and managing people gets complicated fast, especially in California. New employment laws taking effect in 2026 and 2027 will impact how you hire, pay, manage, and separate from employees, and the cost of getting it wrong is only going up. Join Procopio and Naturally San Diego for a practical, founder-focused session led by Procopio Labor and Employment Law practice leader Marie Burke Kenny. LEARN MORE OCTOBER 28-30 2026 Procopio International Tax Institute \| San Diego, CA Held in collaboration with the Graduate Tax Program of Georgetown University and International Fiscal Association, this premier educational and networking event is again dedicated to the latest developments in U.S. and Mexican international tax law. This year's PITI comes as tax policies are evolving with the U.S. and Mexican presidential administrations. LEARN MORE Client Revolution Medicines Secures 672,000-Square-Foot Redwood City Lease in former Google Space Congratulations to client Revolution Medicines (Nasdaq: RVMD) on plans to lease approximately 672,000 square feet at Pacific Shores Center in Redwood City, nearly doubling the oncology company’s local footprint. The expansion, in a space formerly occupied by Google, comes as Revolution Medicines enters a new stage of growth, including the recent FDA approval and commercial launch of RASONQUE™ for certain adults with metastatic pancreatic cancer. Procopio advised Revolution Medicines in securing the lease, with a team led by Real Estate Partner David Crawford and including Karli Joseph. Learn more about the lease and Revolution Medicines’ continued growth. Read Article Client and Medical Therapeutic Company Aethlon Medical Announces Merger With North Immunology Congratulations to client Aethlon Medical, Inc. (Nasdaq: AEMD) on its planned merger with North Immunology. The combined company will focus on advancing NOR-101, North Immunology’s investigational treatment for atopic dermatitis, supported by a concurrent $180-million private financing expected to fund operations into the second half of 2028. The combined company is expected to trade on Nasdaq under the ticker NRTX. Procopio is advising Aethlon on the transaction, with a team led by Dennis Doucette and including Trent Andrews, Jennifer Trowbridge, and Kelsey Tidgewell. Learn more about the merger and plans for the combined company. READ ARTICLE Client and Aerospace Component Manufacturer StratEdge Corporation Acquired by Arxis We Corporation on its acquisition by ARXIS (Nasdaq: ARXS). Based in Poway, California, StratEdge manufactures specialized ceramic packages that protect and connect electronic components used primarily in defense and space applications. The acquisition expands Arxis’ capabilities in these growing markets. Procopio advised StratEdge on the transaction, with a team led by M&A practice co-leader Paul Johnson and including Jessica Lazur, John Miles and Gabriela Turner. Learn more about the acquisition and what’s ahead for StratEdge. READ ARTICLE Welcome Melissa Freeling, who has joined our Chambers-recognized Construction Law and Litigation team! Coming to us from Sheppard, she brings significant experience representing property owners, developers and investors in complex construction and real estate disputes. Melissa's practice focuses on construction litigation involving large-scale commercial properties. She has represented institutional multifamily owners and developers, property management companies, national data centers and owners of specialized facilities in disputes involving construction delays, contract claims and warranty issues. She handles matters from initial investigation through discovery, depositions, mediation, settlement negotiations and trial preparation. Melissa works closely with engineers, architects, project managers and other technical professionals to understand the underlying issues and develop litigation strategies that account for the operational and financial realities of major real estate projects. Welcome back to Procopio, Ashley Stecher! Ashley was a real estate Associate with Procopio in San Diego from 2014 to 2020 before embarking on several professional adventures, including managing a family office in San Juan, Puerto Rico, and serving as a distribution partner for an AI solution targeting denied medical claims. Ashley rejoins us in our Washington, D.C., office as Special Counsel, where she advises lenders, developers, investors, sponsors, landlords and tenants on commercial real estate transactions, with a particular focus on real estate finance. She represents clients in financing transactions involving senior and mezzanine debt and preferred equity, as well as acquisitions and dispositions, leasing and development matters. Her experience includes negotiating loan documents, intercreditor and co-lender arrangements, purchase and sale agreements, commercial leases and other real estate contracts. Learn more about Ashley. What has kept Corporate Law Partner Jessica Lazur practicing at Procopio for 15 years? "I’ve built deep and meaningful relationships with colleagues who are not only exceptional lawyers, but also people I genuinely enjoy working alongside and consider friends. I also value the breadth and depth of our practices—we have such a diverse range of expertise across the firm, which allows us to serve our clients in sophisticated and creative ways. But ultimately, it’s the culture that keeps me here. There is a unique sense of collegiality, collaboration, and community that is difficult to find, and it’s something I’ve appreciated more and more over the years. I’m proud to have spent 15 years here and even more excited about what’s ahead." Learn more about Jessica. "It is fair for elected officials to carefully analyze what their local ordinances are going to provide with respect to any land uses, including proposed data centers,” our Land Use practice leader Jim Vaughn told Noah Baustin of POLITICO. "On the other hand, there seems to be a panic currently in this space that, in my mind, is probably putting data centers at a greater level of uncertainty than most other industries.” Noah's lead story in the 9/15 issue of POLITICO's California Currents examines how local municipalities are stepping in to slow data center development in multiple locations across the state. Who owns a mural painted on the side of a building, and what rights does the artist retain? Procopio Art Law attorney Brooke Oliver spoke with ABC7 News about that question following the recent painting over of murals in San Francisco’s Clarion Alley. Brooke explained how the federal Visual Artists Rights Act can protect artists’ rights in certain works even when they do not own the property, and why building owners may need to take specific steps before removing or destroying a mural. Watch the ABC7 News story to hear Brooke discuss the legal issues surrounding public art and property ownership. Life sciences founders and CEOs in the San Diego area looking to raise capital and build stronger investor connections are invited to join the Life Sciences Founders Connection Roundtable. Organized by Procopio, BDO, and The Brink at the University of San Diego, and America’s SBDC California San Diego and Imperial Network, the seven-month program brings startup leaders together with fellow founders for conversations focused on capital raising and developing investor connections. Roundtable sessions are held monthly, in person, at BDO’s Carmel Valley office in San Diego. The program begins in November, and there is no fee to participate. We had a great turnout in our Orange County office as Elaine Harwell and Danielle Ocampo Hull joined in-house legal professionals for a lively discussion on the new era of CIPA litigation. The conversation covered session replay software, website tracking technologies, chat tools, consent disputes, adtech vendors and the steps companies can take to reduce litigation exposure without giving up effective digital marketing and analytics. Thanks to In-House Connect for partnering with us on the program, and to everyone who joined us in Irvine and brought their questions and perspectives to the discussion. Our IP Team and Asia Pacific Practice Leader Miku Mehta will moderate an event in our Silicon Valley office October 14 bringing together experts from the Japan Patent Office, leading Japanese patent practitioners, corporate patent counsel, and startup representatives to discuss how Japanese patents can support innovation, business growth, and international expansion. Speakers include Yoichi Kikuchi of the Japan Patent Office, Fumio Takahashi of the Shiga International Patent Office, Jason Kang of Intel, and Jason Murata of Alvotech. The event is sponsored by New Energy and Industrial Technology Development Organization (NEDO) and Silicon Valley Intellectual Property Law Association (SVIPLA). Procopio IP attorney Raph Kim joins a distinguished group of speakers October 17 at the 19th annual KWiSE Southern California Conference "Strength Within, Stronger Together" at San Diego State University. Speakers include distinguished scientists and researchers coming together with a focus on mentoring and supporting the career development of the next generation of Korean American women scientists. Raph was invited to "further empower our members beyond scientific research," KWiSE said, as he represents startups as a patent attorney. Learn more. We’re proud to support the Mexico Meetup: Building, Funding & Scaling Cross-Border during LA TechWeek 20026, hosted by the Consulate General of Mexico in Los Angeles and Culver City Chamber of Commerce. Our Latin America practice attorneys are excited to support a conversation bringing together founders, investors, operators, and ecosystem leaders to explore AI, talent, capital, and the future of the U.S.–Mexico tech corridor. Join us Oct. 14 in Culver City for an evening of conversation, ideas, and new connections. For the third consecutive year, Procopio sponsored the San Diego Wave Fútbol Club Community Golf Classic, supporting an event that brings together community, clients, and business leaders to benefit the club’s community initiatives. Held Sept. 21 at Lomas Santa Fe Country Club, this fundraising golf tournament supports the Wave FC Community Fund and local San Diego nonprofits. The event features an 18-hole tournament, contests such as longest drive and closest to the pin, raffles and a silent auction, followed by a dinner, drinks, awards, and appearances by Wave FC players. We had a foursome participating in the tournament led by Meg Dawson and Bob Ramos, and Neil A. Salyards greeted players at our sponsored hole. Startup founders won't want to miss a fireside chat on an important infrastructure layer of your go to market and capital playbook being held October 13 at The Sea House in Encinitas, CA, sponsored by Procopio. You'll hear from Sydney Paige Thomas, GP at Symphonic Capital, and Lolita Taub, GP at Ganas Ventures, while enjoying tasty empanadas. Register now before the event fills up. We're proud to be an active member of LawExchange International, an association of independent law firms serving major commercial centers across Europe, North and South America, Asia-Pacific and the Middle East. Its member firms provide clients with access to trusted local counsel and the legal, business and cultural knowledge needed to navigate international markets. We're one of many LEI commercial law firms serving middle-market and entrepreneurial businesses. Member firms are carefully selected based on professional competence, reputation, integrity and commitment to client service. Thank you, LEI, for naming us this week's Featured Firm!  Kudos to former Procopio legal intern Anna Hohag on her recognition as this year's Outstanding Young Attorney by the California Indian Law Association, Inc! Many other distinguished lawyers have won this award in the past and have gone on to serve as judges, professors, and senior government officials; our own Gabriela Magee received it in 2024. Anna, of the Bishop Paiute Tribe, is an attorney with the Yuhaaviatam of San Manuel Nation, a position she assumed after her time at Procopio. We've maintained a Native American Law internship program for more than a decade, providing an opportunity for law students to gain hands-on experience dealing with everyday legal issues facing Native American communities.  Once again Procopio welcomes Hispanic Heritage Month, which runs from September 15 to October 15. We enthusiastically recognize Hispanic American influence on and contributions to U.S. history and culture, including the legal profession. Procopio has many amazing individuals of Hispanic heritage, with many attorneys representing clients on both sides of the border in our Latin America practice. Learn more. Let's Work Together. PARTNER WITH PROCOPIO Attorney Advertising. Copyright © 2026 Procopio, Cory, Hargreaves & Savitch LLP. All rights reserved. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Procopio, Cory, Hargreaves & Savitch \| 525 B Street Suite 2200 San Diego, CA 92101 To enable us to improve the service we provide, we review whether emails are opened, links are clicked or the email is forwarded. Analysis is undertaken for marketing purposes. 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