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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: October 11, 2021
In a contributed article for the Sacramento Business Journal, Shauna Correia discusses an extremely challenging issue that many businesses and HR professionals are facing – how to evaluate religious exemption requests from vaccine mandates. The October 8, 2021 article explores two important questions that arise:
Published: October 7, 2021
by
Meagan D. Bainbridge
The Labor & Employment Law Blog
On September 27, 2021, Governor Newsom signed SB 606, which creates two new categories of Cal/OSHA violations: “enterprise-wide” violations and “egregious” violations. The new law expands Cal/OSHA’s citation authority and could have the effect of greatly increasing the fines employers (especially those large employers with multiple worksites) might be subject to. The new law will go into effect on January 1, 2022.
Published: October 7, 2021
by
Audrey A. Millemann
The IP Law Blog
There are many requirements for obtaining a patent. One of those is the written description requirement. Pursuant to 35 U.S.C. §112(a), the patent must describe the invention in writing. If the written description requirement is not met, the patent won’t be granted. If the patent has already been issued, it can be invalidated for failure to satisfy the written description requirement. Recently, in Juno Therapeutics, Inc. v. Kite Pharma, Inc., 2021 U.S. App. LexIs 25706 (Fed. Cir. 2021), a damage award of $1.2 billion for patent infringement was reversed for just this reason.
Published: October 6, 2021
by
Meagan D. Bainbridge
The Labor & Employment Law Blog
As many will recall, the California Family Rights Act (“CFRA”) was significantly expanded last year. The CFRA requires most employers grant eligible employees up to 12 weeks of job-protected time off. On September 27, 2021, Governor Newsom signed AB 1033, which provides that leave must now be granted to eligible employees for the purposes of providing care to a parent-in-law with a serious medical condition.
Published: October 6, 2021
by
Carlena L. Tapella
Trusts & Estates Legal Updates
On September 30, 2021, Governor Gavin Newsom signed California AB 1194 amending numerous statutes pertaining to conservatorships. The following are highlights:
Internet Posting of Fees of Licensed Professional Fiduciary: On or before January 1, 2023, an individual licensed as a professional fiduciary (LPF) by the State of California, and who has an internet website, is required to post on their website a schedule or range of the LPF’s fees, including, but not limited to, the LPF’s hourly rate for services rendered.
Published: October 5, 2021
by
Meagan D. Bainbridge
The Labor & Employment Law Blog
On September 27, 2021, Governor Newsom signed AB 1003 into law. AB 1003 adds a new type of grand theft to Penal Code section 487m for an employer’s intentional theft of wages in an amount greater than $950 (from any one employee), or $2,350 (from two or more employees) in a 12-month period. Violations of this new law also carry a potential prison sentence of up to three years. AB 1003 further allows for the recovery of wages through a civil action.
Published: October 4, 2021
by
Meagan D. Bainbridge
The Labor & Employment Law Blog
It’s October, and that means the 2020-2021 California legislative session has officially ended, and Governor Newsom has signed many new bills into law. As always, several of these new laws affect employers across the state. Over the next several days/weeks, our employment group will ensure that employers are informed and ready to implement the new laws as 2022 approaches.
Published: September 30, 2021
by
Eric Caligiuri
The IP Law Blog
In In re: OnePlus Technology (Shenzhen) Co. Ltd., case number 2021-165, the U.S. Court of Appeals for the Federal Circuit validated a possible framework for courts and plaintiffs in patent cases to significantly speed up the process of serving complaints on foreign defendants.
Published: September 23, 2021
The Los Angeles Clippers and Intuit have entered into a 23-year naming rights agreement whereby the Clippers have agreed to name their new $1.8 billion arena in Inglewood, California, the Intuit Dome. The arena is currently under construction just south of the new SoFi Stadium and the Hollywood Park development. It is scheduled to open in 2024.
Published: September 20, 2021
In the recently published case of Hudson v. Foster, 2021 Cal.App. LEXIS 737, the Court of Appeal for the Second Appellate District, Division Five, determined that a former conservatee who discovered that certain transactions in his conservator’s previously approved accounting were falsely reported, was under no obligation to comb through records to verify the truth of the representations made by the conservator in the accounting. The case is detailed with respect to the facts, but it puts fiduciaries on notice that full disclosure of material facts is required, and even slightly skewing the reporting of a transaction can be considered fraud.