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

GOOD NEWS EMPLOYERS – The U.S. Supreme Court Says You Can Require Class Action Waivers In Your Arbitration Agreements

On May 21, 2018, the United States Supreme Court issued its much anticipated decision in Epic Systems Corp. v. Lewis. In a 5-4 decision written by the newest jurist, Justice Gorsuch, the Court declares that employers can…more
 /  Alternative Dispute Resolution (ADR), Commercial Law & Contracts, Conflict of Laws, Labor & Employment Law

USPTO Proposes Change In Claim Construction Standard For PTAB Proceedings Under The AIA

Currently, the standard for claim construction is different in AIA reviews before the United States Patent and Trademark Office’s (“USPTO”) Patent Trial and Appeal Board (“PTAB) than in proceedings in federal district courts and…more
 /  Administrative Law, Intellectual Property

No More Monkey Business: The Ninth Circuit Finds Monkeys Cannot Sue For Copyright Infringement

The Ninth Circuit was recently faced with a novel issue: Does a crested macaque, or generally speaking, a monkey, have the right to sue humans, corporations, and companies for damages and injunctive relief arising from claims of…more
 /  Civil Procedure, Intellectual Property

May The Lawsuit Be With You

Unless you have been living under a rock (and not a rock on Tatooine), then you have heard of a little film called Star Wars, things called lightsabers, the Millennium Falcon, and even droids. But do you know how to play…more
 /  Art, Entertainment, & Sports Law, Civil Procedure, Intellectual Property

The California Supreme Court Makes It More Difficult To Classify Workers As Independent Contractors – Assumes All Workers Are Employees

On April 30, 2018, the California Supreme Court applied an expansive definition of independent contractor in a ruling that is sure to have a dramatic impact on many California businesses, and the burgeoning gig economy in…more
 /  Civil Procedure, Labor & Employment Law

U.S. Supreme Court Rules America Invents Acts Reviews By The Patent Trial And Appeal Board Arm Of The Patent And Trademark Office Are Constitutional

In a 7-2 opinion, the U.S. Supreme Court ruled in OIL STATES ENERGY SERVICES, LLC v. GREENE’S ENERGY GROUP, LLC that inter partes review does not violate Article III or the Seventh Amendment of the Constitution. Thus, the…more
 /  Administrative Law, Civil Procedure, Constitutional Law, Intellectual Property

Are You Doing It Right? California Supreme Court Clarifies Overtime Rate Calculations

It is an old joke that the world can be divided into people who are good at math and those who go to law school. Whether you believe the joke or not, math – or in this case, simple arithmetic – can be at the heart of many wage…more
 /  Labor & Employment Law

The DMCA’s Safe Harbor Provision And Policing Repeat Infringers

The Ninth Circuit recently revisited the issue of the applicability of the safe harbor provision of the Digital Millenium Copyright Act (“DMCA”) in the case Ventura Content, Ltd., v. Motherless, Inc., et al. (decided March 14,…more
 /  Communications & Media Law, Intellectual Property

How To Protect Your Clients’ IP

A business’s intellectual property may be its most valuable asset. Whether it is biotechnology, trade names, business methods, or computer software, intellectual property should be protected to the greatest extent possible in…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

Medical Cannabis Users May Soon Be Protected Under FEHA – AB 2069

Assembly Bill (“AB”) 2069 was introduced by the California Assembly on February 7, 2018. Currently, California employers can deny employment or impose discipline on cannabis users, regardless of whether such use is for medical…more
 /  Labor & Employment Law

LegalZoom Allegedly Engages In The Unauthorized Practice Of Trademark Law

According to a complaint filed in the United States District Court for the Northern District of California by California law firm LegalForce RAPC Worldwide, LegalZoom engages in the unauthorized practice of law when its…more
 /  Intellectual Property

Have You Ever Disagreed With An Employee About How They Should Do Their Work?

Beware. Routine criticisms of job performance when directed to employees engaged in a caring profession, may subject you to retaliation and whistleblower claims. So you hire an employee, call her a brick layer. She is a…more
 /  Health, Labor & Employment Law

Hall v. Swift: Nothing Original About a Player Hater

“Cause the players gonna play, play, play, play, play, And the haters gonna hate, hate, hate, hate, hate Baby I’m just gonna shake, shake, shake, shake, shake Shake it off / Shake it off..…more
 /  Art, Entertainment, & Sports Law, Intellectual Property

Protecting Your Religious Entity Exemption Under The FEHA While Complying With Other Laws

We all understand the common meaning of the word “employer.” In California, “employers” need to keep track of the various rules and regulations, all of which have their own definitions of the word. Most frequently, the number…more
 /  Civil Rights, Labor & Employment Law
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