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Mary Siceloff, Author at Weintraub Tobin - Page 17 of 179

An innovative provider of sophisticated legal services in over 45 practice areas.

Welcome to the Weintraub Tobin Resources Page

Browse below for news, legal insights, information on presentations and events, and other resources from the Weintraub Tobin legal team.

EEOC Issues Guidance Regarding Religious Accommodations in Connection with Mandatory COVID-19 Vaccination Policies

Published: October 27, 2021

For what it’s worth, on October 25, 2021, the EEOC updated its guidance “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws” and added Section L entitled “Vaccinations – Title VII and Religious Objections to COVID-19 Vaccine Mandates.”  While employers have been waiting for some guidance from the EEOC on this issue given the onslaught of requests for religious exemptions from COVID-19 vaccine mandates, the guidance doesn’t really provide any new guidance addressing the unprecedented pandemic we are all living through.  Instead, the EEOC essentially repeats much of its prior guidance on how to generally address requests for religious accommodations in the workplace.

Webinar: A Conversation with First Generation Attorneys – Advice to my Younger Self

  • When: Nov 17, 2021
  • Where: Webinar

On November 17, The Diversity and Inclusion Committee of the Barristers Club of BASF presented A Conversation with First Generation Attorneys – Advice to my Younger Self. Jacqueline Simonovich served as the event moderator. The webinar featured five attorneys at various phases in their careers, from junior associates to experienced in-house counsel, who are the first lawyers in their families.  They provided advice to other first-generation attorneys and stories of how they’ve overcome obstacles in their careers.

When: November 17, 2021 05:00 p.m. – 06:15 p.m.
Where: Virtual Program

Topics

  • Specific obstacles faced by first-generation attorneys
  • How to be successful as a first generation attorney
  • Career development
  • Managing difficult work environments and professional relationships
  • How to build and sustain professional relationships
  • Learning and practicing self-advocacy

Presented by the Bar Association of San Francisco.

WT Wins: Court Issues Permanent Injunction in DTSA and CFAA Case

Published: October 25, 2021

Shauna Correia and Jessica Corpuz represented our client in federal court in a case under the Defend Trade Secrets Act and the Computer Fraud and Abuse Act. The client is a major supplier of electronic package storage lockers throughout North America.  The defendant was a former employee who had refused to return company-owned computers and copies of our client’s sensitive data after he quit. Worse, he had threatened to leak the company’s confidential information, and boasted of his ability to remotely access and interfere with the company’s software.  The court granted our request for a temporary restraining order and turnover order for the stolen computers and data. Forensic investigation of the recovered computers revealed additional evidence supporting our client’s claims, and the defendant stipulated to a judgment.  The U.S. District Court for the Central District issued a consent judgment and permanent injunction in favor of our client on October 21, 2021.

 

Federal Circuit Clarifies Standards for Willful Patent Infringement and Enhanced Damages

Published: October 21, 2021

by Jo Dale Carothers, Ph.D.
The IP Law Blog

Willful patent infringement can result in enhanced, and in some case treble, damages but not in every instance. Because the standard for finding willful infringement has traditionally been lower than that for enhancing damages, a finding of willful infringement does not guarantee an award of enhanced damages.  However, a 2019 Federal Circuit opinion caused confusion, suggesting the standards were essentially the same.  SRI Int’l, Inc.  v. Cisco Sys., Inc. (“SRI II”) 930 F.3d 1295 (Fed. Cir. 2019).  In SRI Int’l, Inc.  v. Cisco Sys., Inc. (“SRI III”) (Fed. Cir. 2021), the Federal Circuit acknowledged the confusion and clarified these standards.

California Court of Appeal Holds That Trial Courts Have Authority to Strike PAGA Claims For Being Unmanageable

Published: October 20, 2021


The Labor & Employment Law Blog

What is PAGA?

California’s labor law enforcement agencies, including the Labor and Workforce Development Agency (“LWDA”) also known as the “Labor Board” has the authority to investigate whether employers violate the California Labor Code, and assess and collect civil penalties for any such violations.  However, due to purported budget cuts and cited lack of state resources to prosecute such actions, in 2004, the Legislature enacted the Private Attorneys General Act of 2004 (PAGA), Lab. Code, § 2698 et seq., to authorize an employee to bring an action for civil penalties on behalf of the state against his or her employer for Labor Code violations committed against the employee and fellow employees, with 75% of the proceeds of that litigation going to the state, and 25% to the employees.  A PAGA plaintiff therefore steps into the shoes of an attorney general to prosecute alleged Labor Code violations for civil penalties, on behalf of the state.  PAGA penalties can be astronomical.  Pursuant to PAGA, default civil penalties are $100 “for each aggrieved employee per pay period for the initial violation,” and $200 per aggrieved employer, per pay period, per “each subsequent violation.”

Employers Beware – Confidentiality and Non-Disparagement Provisions Face Further Restrictions

Published: October 14, 2021

by James Kachmar
The Labor & Employment Law Blog

In 2018, in response to the #MeToo movement, California enacted Senate Bill 820 which added section 1001 to the California Code of Civil Procedure and prohibited employers from including provisions into settlement agreements that prevent the disclosure of factual information relating to claims of sexual assault, sexual harassment, failure to prevent harassment, harassment in a professional relationship, discrimination based on sex, or retaliation that had been made in connection with a civil lawsuit or administrative action.  Senate Bill 820 took effect on January 1, 2019.  Notably, it applied only to claims based on sex and not other forms of harassment or discrimination nor did it apply to settlement or severance agreements signed before an employee filed a lawsuit.

The De Minimis Concept in Copyright Cases – The Ninth Circuit Says What it is and What it Isn’t

Published: October 14, 2021

by James Kachmar
The IP Law Blog

In a recent case, Bell v. Wilmott Storage Services, LLC, decided September 9, 2021, the Ninth Circuit clarified the role that the de minimis concept plays in copyright infringement cases.  In essence, the Ninth Circuit explained that de minimis goes to the amount of copying of a copyrighted work as opposed to any de minimis use or display of any such a work.