Author Info for Weintraub Tobin

Ryan Abernethy

(Podcast) California Employment News: Understanding ADA/FEHA Requirements and the Interactive Process

Meagan Bainbridge and Ryan Abernethy break down reasonable accommodations under the ADA and FEHA. Learn what employers need to know about handling requests and engaging in the interactive process in this installment of…more

Americans with Disabilities Act (ADA), California, Employer Liability Issues, FEHA, Interactive Process

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Tomiwa Aina

A California Workplace Checklist for Pride Month

It’s Pride month: rainbow flags are flying, social media avatars are changing, and parade planning is in full swing. In addition to celebrations, California businesses can use this important month to review their practices and…more

Anti-Discrimination Policies, California, Diversity and Inclusion Standards (D&I), Employee Benefits, Employee Training

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Meagan Bainbridge

(Podcast) California Employment News: Understanding ADA/FEHA Requirements and the Interactive Process

Meagan Bainbridge and Ryan Abernethy break down reasonable accommodations under the ADA and FEHA. Learn what employers need to know about handling requests and engaging in the interactive process in this installment of…more

Americans with Disabilities Act (ADA), California, Employer Liability Issues, FEHA, Interactive Process

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Brendan Begley

No Good Deed Goes Unpunished? Use Lawyers to Avoid Trouble Related to Background Checks

A precedential decision last week by the California Court of Appeal may leave some employers feeling like no good deed goes unpunished. That decision ruled that a jury would have to decide if an employer willfully violated the…more

Background Checks, Disclosure Requirements, Employer Liability Issues, Fair Credit Reporting Act (FCRA), Hiring & Firing

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Eric Caligiuri

The Briefing: How to Avoid Bearing The Risks of A Naked License (Featured Podcast)

In Blue Mountain Holdings v. Bliss Nutraceuticals, the 11th Circuit upheld a U.S. District Court finding that Lighthouse Enterprises issued a naked license to Blue Mountain, which covered the trademark in question. Scott Hervey…more

Intellectual Property Protection, IP License, Trademark Licenses, Trademark Litigation, Trademark Ownership

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Jo Dale Carothers, Ph.D.

When Is Trade Secret Protection the Right Choice?

Companies rely on intellectual property (“IP”) rights to protect their valuable information, creations, and branding. IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. As the U.S. Copyright…more

Confidential Information, Copyright, Defend Trade Secrets Act (DTSA), Intellectual Property Protection, Patents

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Jim Clarke

Business And Tax Relief In Response To COVID-19

As COVID-19 imposes challenges on our communities, Weintraub is tracking developments to help you deal with the pandemic’s business and legal implications. Andy McCarthy and Jim Clarke have compiled this overview of business and…more

Business Interruption, Coronavirus/COVID-19, Economic Injury Disaster Loans, Relief Measures, SBA

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Lukas Clary

California Employment News - Navigating the New PAGA Reforms: What Employers Need to Know

Join Weintraub attorneys Shauna Correia and Lukas Clary as they discuss the new PAGA reform, offering insights on how it impacts California employers and steps they can take to stay compliant on the latest from California…more

Employer Liability Issues, Employment Litigation, Labor Reform, Private Attorneys General Act (PAGA), State Labor Laws

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Edward Corey, Jr.

So, You’re the Trustee of an Estate…Now What?

An essential aspect of estate planning is the Trustee, who will be tasked to carry out wishes. This is such an important role that potential Trustees are usually asked if they would be willing to take on the responsibility…more

Beneficiaries, Estate Planning, Fiduciary Duty, Grantor Trusts, Trustees

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Jessica Corpuz

Supreme Court to Hear Jack Daniel’s Dog Toy Dogfight

The U.S. Supreme Court recently granted Jack Daniel’s petition for review in its case against the makers of “Bad Spaniels,” a dog chew toy that mimics a bottle of Jack Daniel’s whiskey. The dog toy made by VIP Products LLC…more

Cease and Desist Orders, Infringement, Lanham Act, Petition for Review, Rogers Test

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Shauna Correia

California Employment News: Court Ruling Halts FTC’s Non-Compete Ban – Implications for Employers

A recent Texas federal court ruling has put a halt on the enforcement of the FTC’s ban on non-compete agreements. Learn more about this ruling and the implications it has for employers from Shauna Correia and Jacqueline…more

Federal Trade Commission (FTC), Non-Compete Agreements, Restrictive Covenants

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Mary deLeo

So, You’re the Trustee of an Estate…Now What?

An essential aspect of estate planning is the Trustee, who will be tasked to carry out wishes. This is such an important role that potential Trustees are usually asked if they would be willing to take on the responsibility…more

Beneficiaries, Estate Planning, Fiduciary Duty, Grantor Trusts, Trustees

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David Diepenbrock

California Supreme Court Rules That There Is No Right To A Jury Trial For Claims Brought Under California’s Unfair Competition Law And False Advertising Law

As the State of California looks to plug a massive hole in its budget, the regulated community can expect agencies with the authority to generate revenue by imposing civil penalties to become even more active. Those sued for the…more

CA Supreme Court, False Advertising, Injunctive Relief, Jury Trial, Penalties

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Mark Ellinghouse

Feast or Famine: The Importance of Contemplating Failure in Commercial Real Estate Transactions

Every spring, usually on the first weekend of good weather, I rush to the local nursery and spend what feels like a week’s worth of wages on new plants, soil, fertilizer, and irrigation lines. I can’t wait to get the seedlings…more

Commercial Contracts, Commercial Leases, Commercial Real Estate Market, Commercial Tenants, Leases

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Louis Gonzalez

Post Moratorium Evictions

As the first of the rent moratoriums are expiring, landlords throughout California are eager to file unlawful detainer actions to obtain possession of their properties from tenants who have failed to pay rent or comply with…more

Commercial Leases, Coronavirus/COVID-19, Eviction, Landlords, Moratorium

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Scott Hervey

(Podcast) The Briefing: Does This Court’s Ruling Put an End to Tattoo Copyright Cases?

The US District Court for the Northern District of Ohio issued an opinion in Hayden V. 2K Games, Inc. that could potentially put an end to tattoo copyright cases. Scott Hervey and Tara Sattler discuss the court’s opinion on this…more

Copyright, Copyright Infringement, Copyright Litigation, Intellectual Property Protection, Tattoos

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James Kachmar

(Podcast) The Briefing: Deep Dive into the NO FAKES Act

A group of senators introduced an update to the ‘No Fakes Act,’ which protects the voice and visual likeness of individuals from unauthorized AI-generated recreations. Scott Hervey and James Kachmar discuss the changes to this…more

Artificial Intelligence, Deep Fake, Intellectual Property Protection, Machine Learning, Name and Likeness

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Daniel Kim

Where Agreements Won’t Work – A Word to the Wise Regarding Strict Wage and Hour Liability and Related Claims

I. SYNOPSIS- Ed was a vibrant and healthy 85-year-old. One day, he decided to sign an advance healthcare directive providing that if his physical condition ever declined, he wished to remain in his home as long as…more

ABC Test, Beneficiaries, Borello Test, CA Supreme Court, Caregivers

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Jamie Lincenberg

(Podcast) The Briefing: Thirsty for Clarity – Brand Confusion In The Beverage Category

The Trademark Trial and Appeal Board often consider wine, beer, and non-alcoholic beverages related when determining the likelihood of confusion despite there being no per se rule on the matter. Scott Hervey and Jamie Lincenberg…more

Beverage Manufacturers, Intellectual Property Protection, Likelihood of Confusion, Per Se Rule, Trademark Application

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Nikki Mahmoudi

California Employment News: Understanding the Basics of Employee Personnel Files (Featured Podcast)

Employee personnel files are an important aspect of any employer’s records. Meagan Bainbridge and Nikki Mahmoudi review the basics of employee personnel files, including what should and should not be included and handling…more

California, Confidential Information, Employer Liability Issues, Employment Policies, Hiring & Firing

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Jessica Marlow

The Briefing: IOC Goes For Gold In Trademark Suit Over Logan Paul - Kevin Durant Sports Drink

Weintraub attorneys Scott Hervey and Jessica Marlo explore the US Olympic Committee's lawsuit against Prime Hydration, co-founded by Logan Paul, for using Olympic trademarks in their ad campaign with Kevin Durant. Discover the…more

Celebrities, Intellectual Property Protection, Olympics, Trademark Infringement, Trademark Litigation

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Audrey Millemann

Federal Circuit Changes Obviousness Test For Design Patents

In a recent en banc decision, the Federal Circuit Court of Appeals has overruled its prior test for nonobviousness of design patent inventions, holding that design patents are subject to the same test as utility patents. LKQ…more

Design Patent, En Banc Review, Graham Factors, Obviousness, Patent Litigation

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Charles Post

[Event] 2019 Employment Law Update - January 23rd, San Francisco, CA

Join the attorneys from Weintraub Tobin’s Labor and Employment Group as they discuss important legal developments from 2018 and review a number of new laws facing employers in 2019. Program Highlights: • New Federal and…more

Anti-Discrimination Policies, Anti-Harassment Policies, Arbitration, Class Action, Continuing Legal Education

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Josiah Prendergast

Litigation Update: North Carolina Court Finds Insurers Liable Under Business Interruption Policies For COVID Losses Resulting From Shutdown Orders

In our last update, we highlighted a recent case out of the US District Court of Missouri (Studio 417) in which the court issued a preliminary ruling that allowed a group of policyholders to proceed with claims against their…more

Business Closures, Business Interruption, Business Losses, Commercial Insurance Policies, Coronavirus/COVID-19

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Gary Rothstein

So, You’re the Trustee of an Estate…Now What?

An essential aspect of estate planning is the Trustee, who will be tasked to carry out wishes. This is such an important role that potential Trustees are usually asked if they would be willing to take on the responsibility…more

Beneficiaries, Estate Planning, Fiduciary Duty, Grantor Trusts, Trustees

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Tara Sattler

(Podcast) The Briefing: Does This Court’s Ruling Put an End to Tattoo Copyright Cases?

The US District Court for the Northern District of Ohio issued an opinion in Hayden V. 2K Games, Inc. that could potentially put an end to tattoo copyright cases. Scott Hervey and Tara Sattler discuss the court’s opinion on this…more

Copyright, Copyright Infringement, Copyright Litigation, Intellectual Property Protection, Tattoos

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Jacqueline Simonovich

California Employment News: Court Ruling Halts FTC’s Non-Compete Ban – Implications for Employers

A recent Texas federal court ruling has put a halt on the enforcement of the FTC’s ban on non-compete agreements. Learn more about this ruling and the implications it has for employers from Shauna Correia and Jacqueline…more

Federal Trade Commission (FTC), Non-Compete Agreements, Restrictive Covenants

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Carlena Tapella

So, You’re the Trustee of an Estate…Now What?

An essential aspect of estate planning is the Trustee, who will be tasked to carry out wishes. This is such an important role that potential Trustees are usually asked if they would be willing to take on the responsibility…more

Beneficiaries, Estate Planning, Fiduciary Duty, Grantor Trusts, Trustees

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Jeanne Vance

2024 Brings Expansion for Medicare-Payable Mental Health Providers

In connection with the federal Consolidated Appropriations Act of 2023, marriage & family therapists (“MFTs”) as well as licensed professional clinical counselors (“LPCCs”) are eligible to receive payment from the Medicare…more

Consolidated Appropriations Act (CAA), Health Care Providers, Medicare, Mental Health, Opt-Outs

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Lizbeth (Beth) West

The CA Legislature Passes Another Law Requiring that Employers Advise Employees that They Have the Right to Seek Legal Counsel

In recent years, California employers have seen legislation requiring that they advise their employees in certain situations about their right to consult with legal counsel. For example, in 2021 Senate Bill 331 (“Silenced No…more

California, FEHA, Labor Code, State Labor Laws, Wage and Hour

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Daniel Zamora

[Event] 2019 Employment Law Update - January 23rd, San Francisco, CA

Join the attorneys from Weintraub Tobin’s Labor and Employment Group as they discuss important legal developments from 2018 and review a number of new laws facing employers in 2019. Program Highlights: • New Federal and…more

Anti-Discrimination Policies, Anti-Harassment Policies, Arbitration, Class Action, Continuing Legal Education

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Weintraub Tobin

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