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


Instagram Defeats Embedding Lawsuit

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.

Be Careful Not to Unintentionally Bargain Away the Right to File IPRs

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.

Webinar: Recent and Proposed Developments in Conservatorship Law

  • When: Mar 17, 2022
  • Where: Webinar

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.

The EEOC’s New Guidance Says Discrimination Against “Caregivers” May Violate Federal Law

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.

WT Clients: David Mamet and Tracy Letts Open on Broadway

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.

New York Times, March 4, 2022