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Welcome to the Weintraub Resources section. Here, you can find our Blogs, Videos, and Podcasts, in which Weintraub attorneys regularly provide insights and updates on legal developments. You can also find upcoming Weintraub Events, as well as firm and client News.
Published: February 9, 2024
Weintraub Tobin is pleased to welcome Anya B. Treyzon as an associate in the Firm’s Litigation practice group, where she guides clients through various stages of the dispute-resolution process.
Published: February 2, 2024
As Scott Hervey previously wrote on the IP Law Blog, the holding in the Supreme Court case Jack Daniels Properties v. VIP Products limits the applicability of the Rogers test. Scott and Jamie Lincenberg talk about this case on this episode of The Briefing.
Published: February 1, 2024
The holding in the Supreme Court case, Jack Daniels Properties v VIP Products, the case of the infringing Bad Spaniels dog toy, limits the applicability of the Rogers test. A recent case in the Ninth Circuit, Punchbowl Inc v. AJ Press, addressed the interplay between the decision in Jack Daniels and the Rogers test.
Published: February 1, 2024
In a January 31st article for The Daily Journal, Weintraub attorney Jacqueline M. Simonovich writes about California’s new civility MCLE requirement. While civility training can focus on the “link between civility and bias,” it can also focus on broader forms of incivility. Jacqueline suggests that education on bias-based incivility should be required, not optional.
Published: January 30, 2024
Last October, California Governor Gavin Newsom signed AB 1076 into law and it became effective as of January 1, 2024. AB 1076 was the Legislature’s attempt to codify the California Supreme Court’s 2008 decision, Edwards v. Arthur Anderson LLP, which held that non-compete agreements in the employment context are unenforceable unless they fall within one of the three narrow statutory exceptions dealing primarily with the sale of business interests. AB 1076 makes clear that requiring an employee to enter into a non-compete is unlawful and can subject the employer to penalties of up to $2,500 per violation.
On February 21st, attorneys Jeanne Vance and Anders Bostrom presented an informative webinar on the new Corporate Transparency Act.
As of January 1, 2024, the US Corporate Transparency Act (“CTA”) requires corporations, limited liability companies, limited partnerships, and other similar entities to disclose beneficial ownership information to the U.S. Treasury Department. The rules are broad and intended to encompass many legal entities, including smaller legal entities.
Published: January 26, 2024
Fruity Pebbles failed to attain a trademark for the various colors of its cereal. Scott Hervey and Jessica Marlow discuss the TTAB’s decision to reject the trademark application on this episode of The Briefing.
Published: January 25, 2024
Long-time blog readers and CEN watchers will recall that for the last several years, we have been watching several cases discussing whether Private Attorneys General Act (“PAGA”) claims may be stricken as unmanageable. First, in the Fall of 2021, an appellate court determined that trial courts have inherent authority to strike or limit PAGA claims that could not otherwise be made manageable in order to “preserve judicial resources [and to] prevent trials from becoming excessively complex and time-consuming.” (See Wesson v. Staples the Office Superstore, LLC (2021) 68 Cal.App.5th 746). Just a few months later, a different appellate court disagreed, concluding that while a court may limit the presentation of evidence to ensure a manageable trial, courts had no authority to strike or limit PAGA claims due to unmanageability. (See Estrada v. Royalty Carpet Mills, Inc. (2022) 76 Cal. App. 5th 685.)
Published: January 24, 2024
Weintraub Tobin is pleased to announce that Jennel Fernandez has been named Chief Administrative Officer of the Firm. As CAO, Jennel will dedicate her time, skills, and experience to improving firmwide operational efficiency and to supporting the leadership priorities of the Firm’s Managing Board. An eleven-year member of Weintraub’s administrative team, Jennel most recently served as Director of Human Resources.
Published: January 23, 2024
California recently amended its sick leave law, the Healthy Families Healthy Workplace Act, by increasing paid sick leave accrual mandates and sick time cap amounts. Lizbeth (“Beth”) West and Shauna Correia discuss these changes on this episode of California Employment News.
