The Briefing by Weintraub Tobin

Latest Episodes
Trademark Smoked: The Fall of General Cigar’s COHIBA Registration
After nearly 30 years of litigation, a federal court has canceled General Cigars U.S. trademarks for COHIBA cigars all because of a little-known treaty and a Cuban brand once favored by Fidel Castr
When a TikTok Costs You $150,000 – Copyright Pitfalls in Influencer Marketing
Warner Music Group just sued DSW for using 200+ hit songs in social media adswithout permission. Those TikToks could now cost $30M. On this episode of The Briefing, entertainment and IP attorneys Sco
Influencer Fail – ALO Yoga & Influencers Named in $150M Class Action Lawsuit for FTC Violations
A class action lawsuit has been filed against ALO Yoga and several influencers for failing to disclose that various social media campaigns were actually paid ads. Weintraub attorneys Scott Hervey and
No CTRL-ALT-DEL For the Server Test
On this episode of The Briefing, Scott Hervey and James Kachmar break down the Supreme Courts decision to pass on the McGuckin v. Valnet caseand how it keeps the legal confusion swirling around the
Trademark Mayhem – Lady Gaga Gets Sued for Trademark Infringement
Lady Gagas Mayhem tour has sparked legal trouble. In this episode of The Briefing, Scott Hervey and James Kachmar analyze a trademark infringement lawsuit filed by surf brand, Lost International, w
The Future of TV? A 2025 Digital Media Trends Analysis
Is traditional Hollywood facing an existential crisis? Deloitte's 2025 Digital Media Trends report reveals a massive shift in how Gen Z and millennials consume content. Scott Hervey and Tara Sattler b
Everyone Loves the HBO Series ‘White Lotus,’ Except Duke University
Can HBO be sued over a T-shirt? Scott Hervey and Tara Sattler unpack Duke Universitys beef with 'White Lotus' after a character wore a Duke tee on screen. Does this cross the legal lineor is it just
Sequel, Spin-Off, or Something Else? The Legal Battle Over “ER” and “The Pitt”
Is 'The Pit' a spinoff, sequel, or something else entirely? Scott Hervey and Tara Sattler break down the lawsuit over 'ER' and whether 'The Pit' crosses the legal line into derivative territory on thi
ER Redux? The Anti-SLAPP Motion That Didn’t Stick
The estate of 'ER' creator Michael Crichton is suing Warner Brothers, claiming their new medical drama 'The Pit' is a derivative of 'ER.' IP and Entertainment attorneys Scott Hervey and Jessica Corpuz
Diana Copeland – “Surviving R. Kelly” But Not Netflix’s Motion to Dismiss
In this installment of The Briefing, Scott Hervey & Jessica Corpuz cover the landmark defamation case Copeland v. Netflixdissecting the high bar for public figures to prove defamation and the critica