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


Tenant’s Overlooked Risk: Landlord Default

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?

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

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.

Trump’s AI Executive Order: State AI Laws Under Attack

On December 11, 2025, President Trump signed an executive order, “Ensuring a National Policy Framework for Artificial Intelligence” (“EO”), designed to “remove barriers to United States AI leadership” so that “AI companies [are] free to innovate without cumbersome regulation.”  The EO expressly states that it is aimed at preempting “excessive state regulation.”  So what does this EO mean for California employers?

The New “Know Your Rights” Notice From the Department of Industrial Relations

Pursuant to Senate Bill 294 which went into effect January 1, 2026 and added a new Part 5.6 to the California Labor Code (sections 1550 – 1559), the California Department of Industrial Relations (“DIR” aka “Labor Commissioner”) has issued the anticipated “California Workplace – Know Your Rights” Notice (“Notice”).

Major Changes Coming to California Private Construction Projects in 2026: What You Need to Know

California has enacted two significant reforms that will reshape private construction contracts starting January 1, 2026. These changes impact change-order payment procedures and retention limits, creating new compliance obligations for owners, contractors, and subcontractors. Please see below for a breakdown of everything you need to know before SB 440 and SB 61 take effect.

Employers Beware: California Has Expanded the List of Unlawful Contracts with Employees

On October 13, 2025 Governor Newsom signed into law Assembly Bill (“AB”) 692 which is another law allegedly aimed at preventing contracts deemed to be a restraint on trade. Employers should be aware of the new law as it could significantly impact their ability to enter into, and/or enforce, certain contracts with employees for the repayment of a debt.

Furloughs Extending Beyond a Standard Pay Period Are Treated as Terminations

For some industries, and in particular, construction, periods of slow work are inevitable.  When no work is available, many employers place their employees on “furlough” – an unpaid, non-working status, but still on the Company “books” – because the employer doesn’t want to deal with terminating and re-hiring the employee.  In California, an employer may temporarily furlough but only if the furlough is truly short-term. Under longstanding guidance from the California Division of Labor Standards Enforcement (DLSE) which was confirmed by the Ninth Circuit Court of Appeals in Hartstein v. Hyatt Corporation, the label of “furlough” or “temporary layoff” is not decisive; what matters is the lack of a specific return-to-work date within that pay period.  As such, a furlough that extends beyond the length of the employer’s regular pay period is considered a termination or “layoff” for wage-and-hour purposes.