Weintraub Tobin

Weintraub Tobin is an innovative provider of sophisticated legal services to dynamic businesses and business owners. We have five offices across California: Los Angeles, Newport Beach, Sacramento, San Diego, and San Francisco.

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. Given the rising tide of mandates, many employers face an urgent question: how do employers handle employee requests for religious exemptions from vaccine mandates, with or without…
In this week’s episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss an intellectual property dispute between the San Diego Gulls Hockey Club and ECHL, Inc. Watch the full episode on the Weintraub YouTube channel, here. Listen to the podcast of this episode on your favorite platform or online, here. Read more about the dispute, here.  …
On September 15, 2021, California’s efforts against the enforcement of employment arbitration agreements continue as the Ninth Circuit reversed, in part, a district court’s conclusion that California Assembly Bill 51 (AB 51) is preempted by the Federal Arbitration Act (FAA). AB 51 was signed into law by Gov. Gavin Newsom in October 2019. The controversial law prohibits employers from requiring employees to waive, as a condition of employment, their right to sue in court for claims arising under the California Fair Employment and Housing Act and related employment statutes.  The law also opens employers up to civil and criminal penalties…
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. This dispute arises out of a 2015 transaction between the league and an entity formed to become the San Diego Gulls hockey team, which included the assignment of certain trademarks, including a logo, to the team.  The assignment agreement specifically referenced three federal trademarks and all…
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. On September 9, 2021, President Biden announced a more aggressive “COVID-19 Action Plan” that the White House has dubbed a “Path out of the Pandemic.” It is a six-pronged plan that, importantly for employers, contains expansive new vaccine and testing mandates for large employers, federal employers, federal contractors, and…
In this week’s episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a defamation lawsuit filed by a former Manhattan prosecutor against Netflix over her portrayal in the “When They See Us” series. Watch the full episode on the Weintraub YouTube channel, here. Listen to the podcast of this episode on your favorite platform or online, here.…
Global fashion brand Nine West recently filed a Notice of Opposition with the Trademark Trial and Appeal Board contesting the registration of the mark “Nina West” by a company owned by Andrew Levitt, drag name Nina West. Nine West, popular for its shoe, handbag, and accessory lines, filed for bankruptcy in 2018.  It was acquired by Authentic Brands Group (“ABG”), which also owns the brands Brooks Brothers, Forever 21, and Reebok, among others.  ABG filed the Notice of Opposition on Nine West’s behalf. Nina West is a drag queen who rose to national prominence on the eleventh season of RuPaul’s…
In this week’s episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a legal dispute between the Prince estate and an Ohio-based winery over the rights to the trademark “Purple Rain.” Watch the full episode on the Weintraub YouTube channel, here. Listen to the podcast of this episode on your favorite platform or online, here.…
In ruling on motions to dismiss and motions for summary judgment, courts have found a number of patents ineligible under 35 U.S.C. § 101 as a matter of law.  However, in Berkheimer v. HP, the Court of Appeals for the Federal Circuit indicated that in certain instances, the determination of patent eligibility under § 101 involves questions of fact and thus are questions for juries. In Berkheimer, Mr. Berkheimer sued HP for infringing U.S. Patent No. 7,447,713 (the “’713 patent”), which covers “digitally processing and archiving files in a digital asset management system.”  Arguing that certain claims were patent-ineligible under…
August is national Make A Will Month, and a good time to make sure that your planning documents are in place.  Just under half of U.S. adults say that they have created a will or plan for how they would like for their estate to be handled after their death.  The Trusts and Estates attorneys at Weintraub Tobin have written frequently on this blog about the importance of having an estate plan, and about the difficulties (and even litigation) that heirs can face when a will is not in place. If you have not created a will (or if your…