Welcome to the Weintraub Resources section. Here, you can find our Blogs, Videos, and Podcasts, in which Weintraub attorneys regularly provide insights and updates on legal developments. You can also find upcoming Weintraub Events, as well as firm and client News.
Published: September 14, 2023
by
Jo Dale Carothers, Ph.D.
The IP Law Blog
Last year, Jason M. Allen won first place at the Colorado State Fair (the “Competition”) for the two-dimensional artwork entitled Théâtre D’opéra Spatial (the “Work”), which he produced with the aid of Artificial Intelligence (“AI”). Despite receiving this accolade and Allen’s arguments that he contributed significant creative elements to the AI-generated Work, his attempts to copyright the work have been unsuccessful.
Published: August 31, 2023
by
Audrey A. Millemann
The IP Law Blog
On July 24, 2023, the United States Patent and Trademark Office changed its procedures for the PTO Director’s review of certain decisions by the Patent Trial and Appeal Board. The decisions in question are those decisions of the Patent Trial and Appeal Board to deny or grant petitions to institute proceedings under the America Invents Act. Those proceedings include inter partes review and post grant review. This change follows two years of an interim process and public comment period.
Published: August 18, 2023
by
Tomiwa Aina
The Labor & Employment Law Blog
On August 2, 2023, the National Labor Relations Board (“NLRB”) issued a decision in Stericycle, Inc., in which they adopted new rules for evaluating whether the policies related to employee conduct in employee handbooks violate the National Labor Relations Act (“NLRA”).
Published: August 17, 2023
By: Weintraub Tobin Summer Associate Josh Concepcion
The Ninth Circuit recently revisited the issue of “embedding” content by a website and its implication for copyright infringement claims. On July 17, 2023, the Ninth Circuit issued its opinion in Hunley v. Instagram, LLC, and affirmed the trial court’s ruling that Instagram, a social media platform, could not face liability for secondary infringement under the “Server Test” because plaintiffs could not prove infringement of their copyrighted photographs since the third-party news platforms had “embedded,” but did not store, the copyrighted photos on their own websites. The Court ultimately reasoned that because the plaintiff posted their photos on Instagram and essentially stored a copy of those images on Instagram’s servers, Instagram did not violate or infringe on the plaintiff’s rights since Instagram had a sublicense to display photos posted onto their platform and the third-party news sites had “embedded” the content in their articles.
Published: August 3, 2023
by
Scott M. Hervey
The IP Law Blog
It has been referred to as one of the top copyright cases to watch this year. This case, Alexis Hunley, et al v. Instagram, LLC, questioned the scope and validity of the Server Test, a copyright doctrine that was established by the 9th Circuit and has since been rejected by a number of courts.
Published: July 25, 2023
by
Jeanne L. Vance
The Healthcare Law Blog
In our practices, we are seeing an increasing number of denials or de facto denials of Medi-Cal provider enrollments. The consequences of a Medi-Cal enrollment denial can be quite serious. First, a provider may not receive reimbursement for services provided to Medi-Cal beneficiaries when it is not an enrolled provider. Second, it takes a long time to advance applications through the California Department of Health Care Services (“DHCS”) enrollment application review process (in some instances nine months or even longer), so re-filing can mean an extended period of no reimbursement. Third, a provider or other providers that are affiliated with the denied provider may have to disclose the denial, however innocuous, on enrollment applications in the Medicare and Medicaid programs forever. Failure to do so may itself cause additional denials in the future, so it is also important to keep track of the denial.
Published: July 20, 2023
by
Eric Caligiuri
The IP Law Blog
In Buergofol GmbH v. Omega Liner Company, Inc., 4-22-cv-04112 (DSD Jul. 13, 2023) (Karen E. Schreier), the court granted the defendant’s motion to compel and awarded monetary sanctions after the plaintiff failed to respond at all to discovery requests that the plaintiff had objected to as overbroad because the court ruled the plaintiff “still had an obligation to respond to the extent it did not object.”
Published: July 18, 2023
by
Jacqueline M. Simonovich
The Labor & Employment Law Blog
Yesterday, the California Supreme Court, in Adolph v. Uber Technologies, Inc., addressed the United States Supreme Court’s decision in Viking River Cruises, Inc. v. Moriana, 142 S.Ct. 1906 (2022). The much-anticipated Adolph decision, addresses the question of whether an “aggrieved employee,” who has been compelled to arbitrate individual PAGA claims (i.e. Labor Code violations allegedly suffered by the plaintiff in an individual capacity), loses standing to pursue non-individual PAGA claims (i.e. Labor Code violations allegedly suffered by other employees) in court.
Published: July 12, 2023
Every spring, usually on the first weekend of good weather, I rush to the local nursery and spend what feels like a week’s worth of wages on new plants, soil, fertilizer, and irrigation lines. I can’t wait to get the seedlings in the dirt, connect the water, and watch the home-grown, organic produce flow from Mother Earth based only on my sweat equity. And every summer, usually around the Fourth of July, I face the cruel realization that my green thumb was apparently lost at childbirth. The return on investment for 12 cherry tomatoes, 6 strawberries and a shriveled zucchini just isn’t there. Not everything goes to plan.
Published: July 6, 2023
The California Department of Public Health (CDPH) has updated its definition of an “outbreak.”
As previously discussed in our January 25, 2023 blog post, the Cal/OSHA COVID-19 Emergency Temporary Standards (ETS) were replaced with the COVID-19 Prevention Non-Emergency Regulations, which rely on the CDPH definition of “outbreak.” The Non-Emergency Regulations, in effect until February 3, 2025, require employers to ensure employees are protected in the workplace from COVID-19, including during an outbreak.