Browse below for news, legal insights, information on presentations and events, and other resources from the Weintraub Tobin legal team.
From May 4-7, 2022, the Professional Fiduciary Association of California (PFAC) hosted its 27th Annual Educational Conference at the Disneyland Resort in Anaheim, CA.
Published: March 24, 2022
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a dispute between the heirs of Evel Knievel and Disney, over claims of similarities between the late daredevil and the “Toy Story 4” character Duke Caboom.
Published: March 24, 2022
We previously wrote about a lawsuit filed in the Northern District of California against Instagram regarding the use of Instagram’s embedding tools. The plaintiffs, in that case, are two photojournalists who captured images of the George Floyd protests and the 2016 election and posted them to Instagram. Various media companies embedded the photos using Instagram’s proprietary embedding tools. The photos, therefore, appeared on websites without any license from the original photographers.
Published: March 17, 2022
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a Trademark dispute between luxury retailer Hermès and a digital artist over his creation of Birkin Bag NFTs.
Published: March 17, 2022
When entering into contracts, parties commonly include forum selection clauses to govern future litigation between the parties. When doing so, parties need to actively consider whether they intend that forum selection clause to prohibit filing petitions, such as petitions for inter partes review of patents, with the United States Patent and Trademark Office’s Patent Trial and Appeal Board (“PTAB”). The Court of Appeals for the Federal Circuit has generally recognized that parties can bargain away these rights, including through forum selection clauses in contracts. This issue recently arose in Nippon Shinyaku v. Sarepta.
On March 17, 2022, the Professional Fiduciary Association’s Sacramento Chapter held a meeting titled “Recent and Proposed Developments in Conservatorship Law,” led by Weintraub attorney Mary deLeo.
The presentation covered proposed developments in conservatorship law, including updates to the disposition of property, care plans, and sale of personal property.
Published: March 16, 2022
On March 14, 2022, the EEOC released a new technical assistance guidance document entitled “The COVID-19 Pandemic and Caregiver Discrimination Under Federal Employment Discrimination Law.”
Essentially, the guidance reiterates that an employer may not discriminate against an applicant or employee under federal law on the basis of protected classes such sex (including pregnancy, sexual orientation, or gender identity), race, color, religion, national origin, age (40 or older), disability or genetic information. However, the purpose of the guidance is to illustrate how discrimination on the basis of a protected class can occur, possibly even inadvertently, if employers make assumptions and decisions based on an applicant’s or employee’s caregiving obligations due to the Covid-19 pandemic.
Published: March 15, 2022
Weintraub clients David Mamet and Tracy Letts both have plays opening on Broadway in the next few weeks.
David Mamet’s iconic American Buffalo opens March 22 at Circle in the Square Theatre, starring Laurence Fishburne, Sam Rockwell, and Darren Criss.
The Minutes, a new play by Tracy Letts, opens April 2 at Studio 54 with a cast including Blair Brown, Tracy Letts, Jessie Mueller, and Noah Reid.
David Mamet and Tracy Letts are represented by Stan Coleman.
Published: March 14, 2022
In a March bulletin for the American Health Law Association Jeanne Vance writes the article entitled Summary of Meaningful Revisions to Chapter 10 of the Medicare Program Integrity Rule Regarding Provider Enrollment Matters.
Published: March 11, 2022
Weintraub Tobin is pleased to announce that attorneys Scott Hervey and Josh Escovedo have been named as the top two Trademark authors in the 2022 JD Supra Readers’ Choice Awards.
