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.


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

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.

Weintraub Tobin Announces Founding Partnership with the Newly Launched Southern California Builders Exchange

Weintraub Tobin is proud to announce its role as a founding partner of the newly launched Southern California Builders Exchange (SoCal BX), an expansion of the Golden State Builders Exchange Network. The Network represents more than 18,300 commercial construction–related companies across California and now extends its reach through SoCal BRX to serve members in Imperial, Los Angeles, Orange, Riverside, and San Bernardino counties.

As a founding partner, Weintraub Tobin joins SoCal BX in its mission to strengthen and support the commercial construction community throughout Southern California. SoCal BX provides one of the most extensive online plan room services in the state; delivers advocacy for the industry at the local, regional, and state levels; and offers a wide range of networking and business development opportunities. The organization further supports its members by providing essential educational resources and safety training, and by partnering with the Construction Industry Education Foundation to prepare and inspire the next generation of professionals in the built environment.

Weintraub Tobin’s engagement with the Builders Exchange community spans many years. Within the Sacramento Regional Builders Exchange (SRBX), Shareholders Jessica Robison and Daniel Steinberg served on the SRBX Legal Committee (now a part of the broader Government Affairs and Political Action Committee). Jessica also served on the SRBX Women in Construction Conference Planning Committee and is now a founding board member of SoCal BX. The firm’s Construction team is excited to expand its support of the Builders Exchange mission—not only within the Sacramento region, but now across Southern California.

The One Document Every Founder Should Sign on Day One

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

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 

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

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

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.