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

Tropes Aren’t Theft: What Freeman v. Wolff Teaches About Substantial Similarity in YA Fantasy Fiction

Published: March 30, 2026

by Scott M. Hervey
The IP Law Blog

A recent decision from the Southern District of New York offers one of the most detailed modern analyses of substantial similarity in the increasingly popular young adult fantasy/“romantasy” space.

The case arose from a dispute between an unpublished author and the creator of a commercially successful paranormal romance series. The plaintiff alleged that her manuscripts—shared years earlier with a literary agent—were copied in the defendants’ novels. The court, however, granted summary judgment for the defendants, concluding that no reasonable jury could find substantial similarity of protectable expression.

The opinion is notable not just for its outcome, but for its methodical breakdown of what copyright law does not protect.

California Trust Litigation: How To Lose a Trust In Seven Ways

Published: March 20, 2026

by Uri Grant
Trusts & Estates Legal Updates

Trust litigation frequently leads to prolonged conflict and substantial expense, eroding the value of California trusts and estates over time. These losses diminish funds that would otherwise pass to beneficiaries. Trust disputes in California range widely in size, from hundreds of thousands to hundreds of millions of dollars. Regardless of the amount involved, many conflicts escalate into costly courtroom battles because trustees lack a clear understanding of their fiduciary duties or beneficiaries are unaware of their legal rights.

The One Document Every Founder Should Sign on Day One

Published: March 12, 2026

by Jeffrey Pietsch

When an early-stage company falls apart, it’s rarely because the founders disagreed about the product. More often, it’s because they never documented the relationship between themselves. 

I’ve seen promising companies stall, financings delayed, and long-time friendships end because the founders never clarified who owned what, how ownership would vest, or what would happen if someone left. These problems are entirely avoidable, but only if the right documents are put in place at the very beginning. 

Medicare Hits Pause on New DMEPOS Supplier Enrollments

Published: March 10, 2026

by Jeanne L. Vance
Healthcare Legal Updates

The Centers for Medicare and Medicaid Services (“CMS”) recently announced new healthcare fraud measures that include the imposition of a six-month moratorium on provider enrollments of new durable medical equipment, prosthetics, orthotics, and supplies (“DMEPOS”) suppliers. This means that new DMEPOS suppliers will not be able to enroll for the first time in the Medicare program until the moratorium terminates. The moratorium became effective February 27, 2026. 

Why Lady Gaga Prevailed in the “Mayhem” Trademark Dispute 

Published: March 2, 2026

by Scott M. Hervey
The IP Law Blog

The intersection of trademark law and the First Amendment remains one of the most complex battlegrounds in intellectual property. A recent ruling in the dispute between the surf and lifestyle brand Lost International and Lady Gaga provides a critical look at how courts are navigating trademark conflicts involving expressive works in a post-Jack Daniel’s landscape. 

In December, a federal court denied Lost International’s motion for a preliminary injunction, allowing Lady Gaga to continue using the mark “Mayhem” for her 2025 album, worldwide concert tour, and tour merchandise.

The California Trustee Survival Guide: Duties, Dangers and Defense

Published: February 12, 2026

by Uri Grant
Trusts & Estates Legal Updates

Being named a trustee in California is an honor that carries serious legal responsibilities because your actions determine whether families experience smooth trust administration or costly litigation. Understanding your fiduciary duties under California’s Probate Code isn’t optional: failure to comply can result in personal liability, removal from your position, and an obligation to reimburse the trust for losses you caused.  

Here is a guideline of the essential trustee duties every California fiduciary must know to understand trustee responsibilities, administer an estate with confidence, and avoid the mistakes that lead to costly beneficiary disputes and legal action. 

Tenant’s Overlooked Risk: Landlord Default

Published: February 5, 2026

by Mark E. Ellinghouse
Real Estate Legal Updates

In the balance of power between landlords and tenants, the risk of default is usually higher for the tenant. While many landlords have accrued wealth and invested in low-risk assets, many tenants are embarking on a new business venture with the hopes of starting the next billion-dollar enterprise. Conventional wisdom holds that 9 out of every 10 of these ventures will fail. Commercial leases reflect this imbalance, providing a laundry-list of protections for the landlord to address a potential tenant default without giving as much attention to the risk of a landlord default.

Who Really Owns Your Startup’s IP?

Published: January 30, 2026

by Jeffrey Pietsch
The IP Law Blog

The Most Overlooked Mistake That Can Kill Your Company Before It Starts

Most founders assume their company owns what it builds. It doesn’t, at least not automatically.

Under U.S. law, the person who creates intellectual property owns it unless they’ve assigned it in writing. That means your company may not own its core code, designs, or brand even if you paid for them.

I’ve seen financings delayed, acquisitions fall apart, and founders lose control of their own products because they never secured clear IP ownership. It’s the single most common, and most avoidable, legal mistake in early-stage companies.

Employer Compliance Update: Qualified Overtime and Tip Reporting After the One, Big, Beautiful Bill Act

Published: January 30, 2026

by Talia L. Delanoy
The Labor & Employment Law Blog

The One, Big, Beautiful Bill Act of 2025 (OBBBA) was signed into law on July 4, 2025. While its reach is broad, this article covers new employer tax reporting obligations. Under the OBBBA, employers must separately report qualified overtime compensation on employees’ Form W-2 and must report qualified tips and occupation codes for employees that customarily and regularly receive tips as of December 31, 2024.  This information may be used by employees to claim a new federal income tax deduction on their individual returns.