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

Apple Prevails on “Epic” Antitrust Claim

Published: May 4, 2023

by James Kachmar
The IP Law Blog

On April 24, 2023, the Ninth Circuit issued its opinion in Epic Games, Inc. v. Apple, Inc., and affirmed the trial court’s ruling in Apple’s favor as to Epic’s Sherman Act claim for restraint of trade relating to Apple’s distribution of apps in its App Store. (This article does not address the other antitrust and state law claims also at issue in the 91-page opinion.)The legal battle involved “a multi-trillion dollar technology company” (Apple) versus “a multi-billion dollar video game company” (Epic).

Spring Cleaning for Commercial Leases

Published: May 2, 2023

by Mark E. Ellinghouse
Real Estate Legal Updates

Spring is here! We finally have warmer weather, longer days, and the prospect of weekend plans not getting ruined by rain. If you’re anything like me, you were ready for the turn of the season after a very wet winter. What I wasn’t ready for was the inevitable assault on my senses, as pollen has suddenly filled the air and unleashed its annual crusade to dampen the optimism of spring. If I had remembered to start my Flonase and Claritin regime earlier, perhaps I wouldn’t be flying through tissue boxes as I sneeze and cough my way through the day.

Employers Beware: California Bill Could More than Double the Mandatory Paid Sick Leave Available to California Employees!

Published: May 1, 2023

by Nikki Mahmoudi
The Labor & Employment Law Blog

Currently, California employees, with certain exceptions, are entitled to three days or 24 hours of paid sick leave. Employers can choose to have a paid sick leave policy that provides all of the hours at one time or, the amount of available paid sick leave an employee has can accrue, where employees earn sick leave over time and any unused sick leave can carry over into the next year of employment. With accrual, employees must earn at least one hour of paid sick leave for every 30 hours of work. Employers can also use a different accrual method so long as an employee has no less than 24 hours of accrued sick leave or paid time off by the 120th calendar day of employment or each calendar year, or in each 12-month period. As to limits, an employer can limit an employee’s use of paid sick leave to 24 hours or three days during a year and can also limit or cap the overall amount of sick leave an employee may accrue to 6 days or 48 hours.

Rules to Challenge Patents May Loosen Up

Published: April 27, 2023

by Audrey A. Millemann
The IP Law Blog

An inter partes review (IPR) is a procedure in the Patent Trial and Appeal Board (PTAB) whereby a U.S. patent can be challenged in the Patent and Trademark Office (PTO). Although a patent can be challenged in federal district court, an IPR is an expedited and less costly procedure than federal court litigation. An IPR is like a mini-trial, as the Board must make a decision within one year. Thus, an IPR is a useful method for a defendant in a patent litigation lawsuit to invalidate the patent in issue.

Weintraub Tobin Audio Team Named to Variety’s Legal Impact Report 2023

Published: April 24, 2023

Weintraub Tobin is pleased to announce that the Firm’s Audio Team of partners Shaun Gordon, Jessica Marlow, Tara Sattler, and associate Jamie Lincenberg have been named to Variety’s 2023 Legal Impact Report. Variety spotlights the world’s top lawyers in entertainment and media in the annual Report, highlighting their groundbreaking work in film, television, audio, and digital formats.