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

The Briefing: Sinking the Rogers Test? What Pepperdine’s Lawsuit Could Mean for Hollywood

Published: June 27, 2025

In this episode of The Briefing, Scott Hervey and Richard Buckley dive into Pepperdine University v. Netflix, a trademark showdown over the use of the name “Waves” in the Netflix series Running Point. After Pepperdine’s attempt to block the series’ release was denied under the Rogers test, the university is back—this time arguing that the Jack Daniel’s Supreme Court decision changes everything.

Scott Hervey Quoted in FTC Watch: Legal, Regulatory Woes Could Mark New Era Forinfluencers

Published: June 26, 2025

In a June 24th article for FTC Watch, Chris May writes about the changing landscape of influencer marketing and how recent lawsuits and updates to FTC guidance is impacting the ‘creator economy.’

Weintraub intellectual property and entertainment attorney Scott Hervey spoke with FTC Watch about a $150 Million class-action lawsuit against Alo Yoga and several influencers for failing to disclose that various social media campaigns were actually paid ads.

“The reason why the plaintiffs are making that claim is it plays into the narrative that Alo and the
influencers are trying to game the system and obtain greater reach by being not only dishonest
with the viewers or subscribers, but also by being dishonest with the platforms,” Scott explained.

FTC Watch subscribers can read the full article here (Paywall). You can also watch Scott’s full breakdown of this case on this episode of The Briefing.

State of the CRE Market: Industrial Sector Remains Strong Amid General Volatility

Published: June 24, 2025

by Mark E. Ellinghouse
Real Estate Legal Updates

In the NBC Show “30 Rock,” Tina Fey’s character, Liz Lemon, remarks to her boss Jack Donaghy (played by Alec Baldwin), “What a week, huh?” He promptly replies, “Lemon, it’s Wednesday.” This sentiment summarizes the mood of a lot of us lately, as current events seem to be throwing new twists and turns at a breakneck pace. In just half a year, we’ve seen multiple armed conflicts, international trade wars, persistent inflation, political assassinations, confrontational protests and riots, and devastating natural disasters. These incidents have led to significant volatility in the stock market and a general feeling of uncertainty among consumers both domestically and abroad.

The Briefing: The Ninth Circuit Puts the Brakes on Eleanor’s Copyright Claim

Published: June 20, 2025

Can a car be a copyrightable character? In Carroll Shelby Licensing v. Halicki, the Ninth Circuit said no — ruling that “Eleanor,” the iconic Mustang from ‘Gone in 60 Seconds,’ lacks the distinctiveness and consistency required for copyright protection.

In this episode of The Briefing, Scott Hervey and Richard Buckley break down the history of the Eleanor litigation, review the district court and Ninth Circuit rulings, and explain what it actually takes for a character to qualify for copyright protection.

Watch this episode on the Weintraub YouTube channel or listen to this podcast episode here.

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Construction Law Essentials: Mechanics Liens Demystified

  • When: Jun 25, 2025 07:30 am PDT - 09:00 am PDT
  • Where: 400 Capitol Mall, 11th Floor, Sacramento, CA 95814

On June 25th, Weintraub Tobin’s Construction Group attorneys, Dan Steinberg, Jessica Robison, and Dustin Amrein hosted a breakfast presentation on Construction Law Essentials: Mechanics Liens Demystified. Attendees will gain insight into notice requirements, lien enforcement, waiver risks, and best practices for using liens as a powerful tool to secure payment. This engaging and interactive session broke down: