Articles

What Will the M&A Market Look Like in 2024?

What can buyers and sellers expect from the M&A market in 2024? Procopio Mergers & Acquisitions and Strategic Joint Ventures leaders Paul Johnson and Jason Femrite break it down in a new Q&A interview, providing insights on trends in valuation, access to funding and more, with looks at sectors including life sciences.

 Corporate Annual Reporting Season is Here: Tips for Public Companies

For most public companies it's annual reporting season again, and the SEC has numerous new disclosure obligations, note Jennifer Trowbridge and Michael Tiab. Topics include cybersecurity and risk governance, executive compensation clawbacks, and insider trading disclosures.

Closing the Deal: Three Steps to Crafting the Right Term Sheet

What are 3 key rules to follow when crafting a term sheet? Helen Goldstein identifies them, noting many successful legal agreements begin with the term sheet, which lists key deal points including the purchase price and also many other factors in more complex deals like risk allocation.

Artificial Intelligence the Focus of New USPTO Patent Examiner Guidance

New patent examiner guidance related to artificial intelligence suggests that in some cases there may be a path to patentability for AI-assisted inventions, write Erica Spence and Jeff Morton. The guidance follows an AI-focused executive order by President Biden, and offers a "non-exhaustive" list of what might be patentable.

News

Leading Corporate and Health Law/IP Litigation Partners Elected to Management Committee

Other Leadership Changes as Well

Procopio Partners Dennis Doucette and Mindy Morton have assumed positions on Procopio’s Management Committee, having been elected by the partnership. They replace long-serving Partners Marie Burke Kenny and Craig Ramseyer.

Dennis, a corporate attorney who helps companies get formed, funded and sold, is based in Procopio’s Del Mar Heights office. Mindy, an IP litigator who focuses on healthcare, trade secrets, technology and internet law, becomes Procopio’s first Management Committee member to be based outside of San Diego; she is in the firm’s Silicon Valley office.

Other leadership changes have occurred as a result:

• Marie Burke Kenny returns to leadership of Procopio’s Labor & Employment team, replacing Partner Wendy Tucker.

• Partner John Cleary returns to leadership of Procopio’s Business & Technology team, replacing Dennis.

• Partner Tara Narayanan replaces Mindy as leader of Procopio’s Diversity, Equity and Inclusion Committee; Mindy remains the leader of the firm’s Health Care practice.

• Craig Ramseyer remains Procopio’s General Counsel.

• Managing Partner John Alessio began his third three-year term on January 1.

 Learn more in our press release.

Deals and Transactions

A busy 2023 for Procopio’s Corporate Transactions Attorneys

Mergers, Acquisitions, Financings and More

Procopio’s corporate transactions attorneys provided dozens of clients a wide array of legal services in 2023, from financing and securities transactions to mergers and acquisitions.

Capital Markets and Securities

Procopio’s Capital Markets and Securities attorneys supported the growth of their clients in 2023 with a wide array of private and public financing and securities-related transactions. Here are just a few of the public and private clients they assisted this year:

Mergers & Acquisitions

Procopio’s M&A attorneys performed dozens of transactions in 2023 for companies in a broad array of industries, including life sciences, technology, food and beverage, and more. Here are just a few of the publicly disclosed deals:

Learn more about our M&A and Strategic Joint Ventures and Capital Markets and Securities practices.

Events

Conversations & Connections: Boardroom Brilliance in 2024 | Del Mar Heights, CA | 3:30 – 6:00 pm PT

Hear from Partner and Capital Markets & Securities leader Christopher Tinen and Mergers & Acquisitions and Strategic Joint Ventures co-leader Paul Johnson on top trends CEOs and directors will encounter in 2024. This Corporate Directors Forum event will be held at Procopio’s Del Mar Heights office.

Patent Prosecution Development (including AI) in the United States, Europe, and Japan | Palo Alto, CA | 5:00 – 8:00 pm PT

Hear from Asia Pacific practice and IP team leader Miku Mehta and other panelists at our Silicon Valley office for an APABA Silicon Valley seminar on patent prosecution development in the U.S., Europe, and Japan, touching on recent developments including AI issues. Food and beverages will be provided on site. There is a Zoom option for those who wish to attend remotely.

Lightspeed Ventures’ Co-Founder Barry Eggers Unplugged | Palo Alto, CA | 6:00 – 9:00 pm PT

Lightspeed Venture Partners Co-Founder and Partner Barry Eggers engages in a discussion with Procopio Emerging Growth & Venture Capital leader Roger Rappoport at our Silicon Valley office. Barry will guide startup founders on streamlining the fundraising process and sharing what elevates one investment opportunity over another, as well as insights into the do's and don'ts when pitching to venture capitalists, along with the essential components of a persuasive pitch and deck.

In’s and Out’s of PLAs | webinar | 12:00 – 1:30 pm PT

Construction Law practice leader Laurence Phillips will address the in's and out's of project labor agreements (PLAs) in a webinar hosted by the Construction Management Association of America (CMAA) San Diego chapter alongside Gafcon, Inc. Labor Relations Manager Lizette Rodriguez. 

Legal Concerns in Startup Creation | Baltimore, MD | 7:00 – 8:00 pm ET

Startups can gain insights on applying for trademarks and patents, forming a company, early-stage fundraising, regulatory concerns including FDA approval, data privacy, financial services and more in Baltimore, Maryland, at a Johns Hopkins Whiting School of Engineering HopStart Competitor Workshop titled Legal Concerns in Startup Creation featuring Procopio Partner and Life Sciences practice leader Jeff Morton and Senior Associate Raph Kim.

The Future of Mobility | Palo Alto, CA | 6:00 – 8:30 pm PT

The mobility disruption may have stalled during Covid, but is now back in full force. Who are the new winners and the (perhaps surprising) losers? Procopio Asia Pacific practice and IP Team leader Miku Mehta kicks off a panel of Silicon Valley veterans with a broad representation of mobility sectors at our Silicon Valley office in an event by GABA Northern California and Keizai Silicon Valley.

The Changing Look on Adaptive Reuse in San Diego County | San Diego, CA | 3:00 – 6:00 pm PT

Learn the latest on the San Diego office market and explore potential strategies for revitalizing underutilized assets through repurposing or repositioning at a CCIM Institute San Diego chapter panel featuring Procopio Real Estate team leader Jeff Stoke. The event is open to non-members and features a happy hour at the Bali Hai on Shelter Island.

2024 Arizona BioPreneur Conference | Phoenix, AZ | 8:30 am to 5:30 pm MDT

Procopio life sciences attorney Helen Goldstein gives opening remarks at this conference including renowned national investors, entrepreneurs, analysts, and banking experts. One session involves a fireside chat between Procopio Emerging Growth & Venture Capital leader Roger Rappoport and Donald Laughlin, President and CEO, White Mountain Economic Development and Managing Director, EDGY.

California Charter Schools Conference | Long Beach, CA

Procopio Charter School attorneys will be giving numerous presentations at the 2024 CCSA, including practice leader and Partner Greta Proctor, Partner Wendy Tucker, Senior Associate Kevin Davis and Senior Counsel Merrick Wadsworth. If you’re attending, make sure to stop by our booth (#823) to say hello and pick up your copy of the 2024 desktop resource on charter schools, the “go-to” compendium of laws and regulations.

Startup Fundamentals #2: Developing a Funding Strategy | Palo Alto, CA | 5:00 – 9:00 pm PT

In this second workshop of the Startup Fundamentals series, Procopio Partner and Emerging Growth & Venture Capital practice leader Roger Rappoport will conduct an interactive, informative session with great takeaway materials and actionable items on how successful Silicon Valley startups develop and implement successful funding strategies, securing funding from angel, seed and VC investors. The third and final workshop will be April 17. 

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Please welcome Eva Adel to Procopio! She's the newest member of our Labor & Employment team. Eva represents public and private employers with labor and employment counseling and litigation in areas including wrongful termination, harassment, discrimination, and wage and hour violations with individual plaintiff and in class actions. She brings clients experience representing both plaintiff employees and defending employers in single-plaintiff, class and PAGA representative actions in state and federal courts.  Eva's higher education path went through UCLA, USC and the University of Edinburgh, and she's fluent in Farsi (Dari).

Congratulations to Paul Johnson on being named a 2024 Stand-out Lawyer by Thomson Reuters! He was nominated by a client who described Paul as the "go-to person" for M&A based on his extensive experience. Paul co-leads Procopio's Mergers & Acquisitions and Strategic Joint Ventures practice.

Kudos to Silicon Valley Real Estate Partner Tara Narayanan on being invited to join the 11th Ring of HiPower in San Francisco! HiPower is a network of accomplished leaders committed to elevating and amplifying each another on a journey from success to significance. Through the program, women and non-binary professionals determine what they want to be known for, and then leverage the network to expand their influence. Procopio Partner and IP Litigator Mindy Morton, recently elected to Procopio's Management Committee, is a HiPower alum. Tara is expanding her leadership at Procopio as she becomes the new leader of our Diversity, Equity and Inclusion Committee. Learn more about Tara.

Did you know the California Lawyers Association has sponsored state legislation that would exempt an attorney licensed under the State Bar Act from the requirement of being licensed under the Talent Agencies Act (TAA)? Procopio Family Law leader Michele Brown and CLA Associate Executive Director for Governmental Affairs Saul Bercovitch break down AB-2989 by Assembly Member Greg Wallis and its implications in a new CLA article, arguing it would resolve the uncertainty created by the Labor Commissioner’s interpretation of the TAA and eliminate an unnecessary licensing requirement by creating an explicit statutory exemption in the TAA for attorneys licensed under the State Bar Act. Along with her busy law practice, Michele serves as Chair of CLA’s Governmental Affairs Committee and on CLA’s Board of Representatives for the Family Law Section.

Connect with some of our leading capital markets and securities attorneys at the upcoming Roth Conference March 17-19 in Dana Point, CA. Christopher Tinen, Dennis Doucette and Caitlin Murphey will be in attendance at this invite-only event with executive management from approximately 500 private and public companies in a variety of growth sectors, including consumer, tech & media, sustainability & industrial growth, agtech, energy, metals & mining, healthcare, services and insurance. This 36th annual conference at the Ritz Carlton Laguna Niguel features 1-on-1 small group meetings, company presentations, analyst-selected fireside chats, and industry panels, and we're proud to be a sponsor. If you're on hand, swing by our booth and/or seek to connect directly with one of our attending attorneys.

It was standing-room only Feb. 8 at the annual Privacy Law Summit in LA when Procopio Partner and Privacy & Cybersecurity practice leader Elaine Harwell led the panel "Privacy Law in the Courts: Trends in Privacy Litigation and Privacy Class Actions" with Ian Ballon, Myriah Jaworski, and Jennifer Oliver. Procopio is a proud sponsor of this summit by the Privacy Law Section of the California Lawyers Association.

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