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Browse below for news, legal insights, information on presentations and events, and other resources from the Weintraub Tobin legal team.
Published: November 4, 2021
Apple is facing a new class-action lawsuit in the Western District of New York alleging that its use of the “buy” button is “false and misleading.” The suit claims that when Apple offers consumers the right to “buy” content, it doesn’t always mean what it says.
Published: October 28, 2021
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Scott M. Hervey
The IP Law Blog
On September 30, 2021, the United State Court of Appeals for the Second Circuit decided a much-anticipated copyright reversion case involving the slasher franchise, Friday the 13th. This case concerns the claim for copyright reversion made by Victor Miller, the screenwriter of Friday the 13th, seeking the reversion to the rights in the screenplay to the popular horror film. The case is aptly entitled Horror Inc v. Victor Miller.
Published: October 27, 2021
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Carlena L. Tapella, Edward J. Corey, Jr., Gary D. Rothstein, Mary deLeo
Trusts & Estates Legal Updates
An essential aspect of estate planning is the Trustee, who will be tasked to carry out wishes. This is such an important role that potential Trustees are usually asked if they would be willing to take on the responsibility before being named in a Trust. Occasionally, however, Trustees are surprised to find that they have been named. Regardless of how the role comes to you, the Trustor (sometimes called “Settlor,” “Grantor,” or “Trustmaker”) trusted you and believed you to be responsible. Selection as Trustee is an honor, but attorneys know that it can be quite an undertaking.
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.
Published: October 21, 2021
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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.
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.”
Published: October 14, 2021
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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.
Published: October 14, 2021
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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.
Published: October 12, 2021
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Shauna N. Correia
The Labor & Employment Law Blog
Cal/OSHA has quietly made several updates to the FAQs for its COVID-19 Prevention Emergency Temporary Standards (ETS). The additions shed additional light on, and in some regards revise previous guidance, relating to Isolation and Quarantine, Vaccines, and Exclusion Pay.
Published: October 11, 2021
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Mark E. Ellinghouse
Real Estate Legal Updates
Fires have played a major role in the history of California. Not only have these disasters repeatedly left a trail of devastation through the State’s forests and other natural areas, but recent fires have been noteworthy in their damage to developed areas such as Paradise and South Lake Tahoe. The impacts will be felt for years, as families struggle to rebuild their homes and charred trees litter freeways and hiking trails. These effects are a good reminder to make disaster plans, including identifying key heirlooms and records and reviewing insurance policies for adequacy and comprehensiveness.