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


Oh Mama! Federal Changes You Need to Know for Pregnant, Breastfeeding, and Postpartum Employees

The PUMP Act

The PUMP Act, signed into law on December 29, 2022, is a new federal law applicable to employers with over 50 employees, that increases the requirements for employers of breastfeeding employees under the FLSA. It is important that employers ensure they are abiding both by this new federal law, and also by any parallel state law. California, for example, already had laws regarding requirements for breastfeeding employees (Cal. Lab. Code §§1030-1033), which apply to all employers, including employers with under 50 employees. For the most part, the PUMP Act simply brings the federal minimum standard to a similar base-line of protections.

District Court Finds Asserted Claims of Aerial Roof Measurement Patent Invalid Under 35 U.S.C. § 101

In Pictometry International Corp. v. Roofr, Inc., 1-21-cv-01852 (DDE Jan. 19, 2023) (Richard G. Andrews), the court found that plaintiff’s three aerial roof measurement patents encompassed unpatentable subject matter and that claim 1 in each of those patents was directed to an abstract idea and therefore granted defendant’s motion to dismiss on those grounds.

Trademark and Copyright Cases to Watch in 2023

It’s always good to start off the year with an overview of trademark and copyright cases to watch. This year, we have a couple of cases that we’ve previously discussed on our podcast The Briefing, when they were on appeal with the circuit courts, but now the Supreme Court will bring finality to the issues.

New California Legislation Impacting Commercial Real Estate in 2023

With the turn of the year comes ill-fated resolutions, needed but annoying rain, and a slew of new legislative enactments coming into effect. While commercial real estate is not typically a hotbed for legislative activity, there are a few noteworthy changes that may affect prospective projects, mostly focused on relaxing procedural requirements to incentivize the construction of new housing projects to combat the state’s ongoing housing crisis.

Delaware Judge Seeks to Expose Patent-Litigation Funders

Do defendants and the court have the right to ask who is funding a particular patent litigation? Chief Judge Connolly in Delaware says they do, and in In re Nimitz, the Federal Circuit denied a request to stop the judge’s inquiry.

The issue arose as a result of two standing orders issued by Judge Connolly. The first standing order requires non-governmental companies and corporations to disclose the name of every person all the way up the chain of ownership who has “a direct or indirect interest in the party.” 

Labor Commissioner Issues Pay Transparency FAQs Providing Clarity to Employers

As we previously discussed here, beginning January 1, 2023, employers with at least 15 employees will be required to include a pay scale with any job posting. If employers use third-party services to post jobs, they will need to provide those third parties with the pay scale information so that it can be included in the job posting. While employers do not have to volunteer such information to existing employees without prompting, those employees are entitled to the same pay range for their own positions if requested. The requirement to provide pay ranges to existing employees upon request applies to all employers, regardless of size.