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

Don’t Skimp on The Facts – Failure of Fiduciaries to Make Full Disclosure of Matters Set Forth in an Accounting May be Considered Fraud

Published: September 20, 2021

by Carlena L. Tapella

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.

An Employee Has Requested a Religious Exemption to the Company Vaccine Mandate—What Now?

Published: September 20, 2021

For those in the Sacramento area, you may have seen large “Destiny” signs overhanging State Route 65 north of Interstate 80. A news story last month suggested that this church is the place to go for COVID-19 vaccine exemption letters. Now that President Biden is planning to use the emergency powers of the Occupational Safety and Health Administration to mandate vaccination for an estimated 100 million employees, the issue is even more prominent.

Gulls Hockey Team Gets Wings Clipped In IP Dispute With Hockey League

Published: September 16, 2021

by Scott M. Hervey

Last month the District Court for the Central District of California granted the defendant’s motion for summary judgment in the case San Diego Gulls Hockey Club, LLC v ECHL, Inc.. The league’s win resolves the league’s potential indemnity obligation to the hockey team, the Gulls.  This case presents a cautionary story for transactional attorneys.

How New Legislative Policy May Affect COVID-Related Lease Disputes

Published: September 13, 2021

by Mark E. Ellinghouse
Real Estate Legal Updates

Over the last eighteen months, we have been forced to devote significant resources to interpreting how largely-forgotten legal doctrines apply to real estate contracts in a post-COVID world. These principles, including force majeure, frustration of purpose, and impossibility/impracticability, were generally overlooked in real estate transactions until life-altering global events required their use. Indeed, many of the cases interpreting these doctrines date back to the world wars that dominated the first half of the twentieth century. Modern practitioners often did not even address these concepts in their agreements.

Biden’s Path Out of the Pandemic: New COVID-19 Vaccine Mandates for Large Employers, Federal Contractors and Health Care Workers

Published: September 10, 2021

by Shauna N. Correia

Earlier, President Joe Biden announced vaccination requirements for the federal government workers but allowed them to “opt out” if they agreed to more stringent mitigation measures. He also implored private sector employers to encourage vaccination, and many employers began implementing mandatory vaccination plans or incentivizing employees to get vaccinated.

Webinar: Avoiding the Bully Pulpit – Best Practices for Creating an Inclusive Workplace Free of Bullying and Intimidation

  • When: Oct 6, 2021
  • Where: Webinar

Federal and state OSHA laws require California employers to prevent and respond to violence in the workplace.  Federal and state EEO laws require California employers to prevent and respond to harassment and discrimination in the workplace.  But what about bullying?  What is it? Are employers responsible for preventing it? Is there a law against it? What should employers know and what should they do to avoid bullying in the workplace?

Weintraub Tobin Partners with the Make-A-Wish Foundation to Send Off Incoming College Freshman in Style

Published: September 9, 2021

Weintraub Tobin is honored to be a sponsor for the Make-A-Wish Northeastern & Central California and Northern Nevada Chapter’s Adopt A Wish Program, which aims to encourage kids and teens who are battling critical illnesses. This marks the 16th year that the Firm has taken part in the project.  Weintraub’s Managing Shareholder, Gary Bradus, serves on the Foundation board.

In 2021 Weintraub is pleased to have helped 18-year-old Lauren upgrade her car before she headed off to college. Lauren was diagnosed with a rare disease that impacts her lungs and spleen. Despite many medical appointments and procedures, she was able to save up to buy a used car.

For her Wish, Lauren, who is an incoming college freshman, requested help in updating her car before starting school. This donation was able to provide several upgrades to her vehicle, including new tires, seat covers for the interior, and a new paint job.

In previous years, the Wishes granted have primarily been centered around unique experiences for Make-A-Wish kids and their families. However, closures caused by the COVID-19 pandemic prompted the Foundation to look for ways to help recipients with their goals and still stay within pandemic restrictions. Good luck at college, Lauren!