Weintraub Tobin

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400 Capitol Mall, 11th Floor
Sacramento, CA 95814, United States
Phone: 916-558-6000
Fax: 916-446-1611
Areas of Practice
  • Agriculture
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Class Action
  • Communications & Media Law
  • Debtor/Creditor
  • Environmental Law
  • Finance & Banking
  • Insurance
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Privacy
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Wills, Trusts, & Estate Planning
See more
Locations
Other U.S. Locations
  • California
Number of Attorneys
50-100 Attorneys

Taking His Talents To The Southern District Of New York: Are LeBron James’ Tattoos Subject To Copyright?

With nearly 30% of Americans sporting at least one tattoo (up from 20% just four years ago), tattoos are becoming commonplace. This is even clearer among younger Americans, with nearly half of Millennials sporting ink. Today a…more
 /  Art, Entertainment, & Sports Law, Intellectual Property, Science, Computers, & Technology

Bridgestone Brands, LLC V. Firestone Public House, LLC: Battle Of The Brands

Just over two months ago, Sacramento’s beloved Firestone Public House was sued by multinational conglomerate Bridgestone Brands, LLC for trademark infringement, trademark dilution, and unfair competition based upon Firestone’s…more
 /  Intellectual Property, Science, Computers, & Technology

No Privilege Extended To Communications With PR Consultant, But Court Provides Roadmap To Possible Application

It is not uncommon in this day of social media influence for an attorney to seek out the assistance of a public relations consultant to play a role in connection with a high profile lawsuit. Such media experts can help assess…more
 /  Civil Procedure, Commercial Law & Contracts, Communications & Media Law

Court Denies Plaintiff’s Motion To Disqualify Its Former Counsel As Counsel For Defendant In A Patent Litigation Action After Plaintiff Delayed Filing Its Disqualification Motion For Over A Year After Discovering The Conflict.

In Eolas Technologies Incorporated v. Amazon.com, Inc., 3-17-cv-03022 (CAND August 24, 2017, Order) (Tigar, USDJ) the United States District Court for the Northern District of California recently denied plaintiff Eolas…more
 /  Civil Procedure, Intellectual Property, Science, Computers, & Technology

Obama’s Overtime Rule Struck Down By Court

A Texas federal court struck down a rule that would have expanded those eligible for overtime pay. The Department of Labor’s rule would have required overtime pay to most salaried employees who earn less than $47,476 annually. …more
 /  Labor & Employment Law

Prosecuting Online Trolls Part 1: What To Do When Faced With Anonymous Online Postings

It happens all too often. You work tirelessly to promote your business by doing good work, delivering good products and services. Then you find an online posting with demonstrably false information about your business…more
 /  Business Torts

Attention EEO-1 Employers –You Don’t Have To Report Pay Data To The Eeoc In March 2018 After All

On August 29, 2017, the Office of Information and Regulatory Affairs (OIRA) issued a memo to the EEOC advising that the Office of Management and Budget (OMB) is initiating a review and an immediate stay of the effectiveness of…more
 /  Government Contracting, Labor & Employment Law

Patent Myths Corrected – Part Two

My last column was the first of two columns discussing some of the most common misconceptions or myths about patents. Here is the second part, starting with number five on my list. A Patent Does Not Give the Patent Owner…more
 /  Intellectual Property, Science, Computers, & Technology

The Slow Demise Of California’s Sham Guaranty Defense

The California Court of Appeal decision in LSREF2 Clover Property 4, LLC v. Festival Retail Fund 1, LP (2016) 3 Cal.App.5th 1067, struck another blow to California’s “sham guaranty” defense – highlighting a recent string of…more
 /  Civil Procedure, Finance & Banking

California Finally Rolling Out Its Own Cannabis Trademark Laws

California was the first state to legalize marijuana for medical use. In 1996, California approved Proposition 215, the California Compassionate Use Act. Two decades later, California voters approved Proposition 64, the…more
 /  Commercial Law & Contracts, Intellectual Property, Science, Computers, & Technology

Patent Myths Corrected – Part One

Patent law is a complicated area of law governed by a confusing set of statutes and regulations that are interpreted by the United States Patent and Trademark Office (PTO) and the federal courts. Patents themselves are…more
 /  Intellectual Property, Science, Computers, & Technology

San Francisco Passes “Lactation In The Workplace Ordinance”

On June 30, 2017, San Francisco’s Mayor Ed Lee signed an ordinance, providing employees in the City of San Francisco with additional lactation rights. The “Lactation in the Workplace Ordinance,” will take effect on January 1,…more
 /  Labor & Employment Law

Ninth Circuit Holds That “Reverse Confusion” Need Not Be Pled With Specificity

A plaintiff seeking to prevail on a trademark infringement claim needs to establish that there is some likelihood of confusion between its mark and that of the defendant. Generally, a plaintiff establishes that there is…more
 /  Intellectual Property, Science, Computers, & Technology

Attorney’s Fees As Damages For Breach Of Contract? A Jury Must Decide

Often times, contracts contain attorney’s fee provisions. These terms allow the prevailing party in any action to enforce the contract to recover its attorney’s fees. Under California Code of Civil Procedure section 1717, the…more
 /  Civil Procedure, Commercial Law & Contracts

Summer Fun!

Because it’s summertime, I thought we should take a break from “serious” intellectual property articles. So, instead, here are some patented inventions that you might see this summer. A baseball with a speedometer seems like…more
 /  Intellectual Property, Science, Computers, & Technology
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