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The Briefing by Weintraub Tobin — Business
The Briefing by Weintraub Tobin

In The Briefing by Weintraub Tobin, intellectual property attorney Scott Hervey and his guests discuss current IP issues related to trademark, copyright, and entertainment, as well as IP litigation and intellectual property in the news.

Latest Episodes:

The Polymarket Influencer Scandal: Fake Bets, Real Liability Sep 25, 2026
Show notes

In this episode of The Briefing, Weintraub Tobin Partners Scott Hervey and Richard D. Buckley, Jr. break down the growing legal scrutiny around Polymarket, including allegations involving fabricated trading videos, undisclosed influencer payments, and coordinated reposting networks.

In this episode, they cover:

How undisclosed sponsorships and clipping networks raise FTC disclosure and consumer protection issues

Why Polymarket’s prior CFTC consent order and new litigation could increase its legal exposure

What the case could mean for creators, brands, and the broader debate over whether prediction markets are commodities or gambling

Tune in for a clear look at where influencer marketing, consumer protection law, and prediction market regulation collide.

Lady Gaga “Mayhem” Trademark Win: Did the Court Get It Right? Sep 11, 2026
Show notes

The trademark fight over Lady Gaga’s Mayhem era is over. In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Tara J. Sattler break down the dismissal of Lost International’s lawsuit over the use of “Mayhem” on Gaga’s album, tour, and merchandise.
They cover:

Why the court dismissed Lost International’s complaint without leave to amend

How the Rogers test applies when trademark claims collide with expressive works

Why the ruling raises new questions after the Supreme Court’s decision in Jack Daniel’s v. VIP Products

Tune in for a clear look at where trademark rights, creative expression, and branded merchandise collide.

Tyra Banks, Netflix and America’s Next Top Model: The Legal Fight Over Documentary Editing Sep 04, 2026
Show notes

Tyra Banks is suing Netflix over how her interview was edited in the documentary Reality Check: Inside America’s Next Top Model. In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Tara J. Sattler break down Banks’ defamation and false light claims, the release she signed before filming, and Netflix’s attempt to end the case under California’s anti-SLAPP law.

In this episode, they cover:

Why the release Banks signed could pose a major obstacle to her claims

How California’s anti-SLAPP law allows defendants to challenge certain lawsuits before discovery

What production companies should consider when drafting editing rights, choice-of-law provisions, and promotional-use language

Tune in for a clear look at how participant releases and anti-SLAPP laws can shape disputes over documentary editing and portrayal.

Who Owns the Photo? Moore v. Daily Mail and the Limits of Copyright Aug 28, 2026
Show notes

In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Richard D. Buckley, Jr. break down Moore v. Daily Mail, a new class action alleging the publication copied photos from social media without permission and falsely credited platforms like Instagram instead of the actual creators.

In this episode, they cover:

How copying and rehosting social media images can lead to copyright infringement claims

Why crediting Instagram instead of the photographer could create a separate DMCA claim

How the case could turn a repeated image-sourcing practice into significant class action exposure

Tune in for a clear look at how social media sourcing practices can turn into serious copyright and DMCA exposure.

Watch this episode on our YouTube or listen to the podcast here.

Kennedy Center v. Redd: How a Canceled Jazz Concert Became a Free Speech Fight Aug 21, 2026
Show notes

When can a performer’s public criticism become a breach of contract? In this episode of The Briefing, Weintraub Tobin Shareholders Scott Hervey and Richard D. Buckley, Jr. break down Kennedy Center v. Redd, a dispute involving musician Charles Redd, a canceled performance, a morals clause, and D.C.’s Anti-SLAPP Act.

In this episode, they cover:

How D.C.’s Anti-SLAPP Act applied to Redd’s public statements

Why the court dismissed the Kennedy Center’s breach of contract claims

What the decision means for venues, studios, and producers relying on morals clauses in performer agreements

Tune in for a clear look at what happens when contractual morals clauses collide with legal protections for public speech.

IP Bootcamp: The Intellectual Property Framework Every Business Needs to Know Aug 14, 2026
Show notes

In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Richard D. Buckley, Jr. break down the four main categories of intellectual property and explain why protecting these assets is critical to a company’s long-term value.

They cover:

How trademarks, patents, copyrights, and trade secrets protect different types of business assets

Why ownership, registration, and written agreements matter before a dispute or transaction arises

How businesses can audit and strengthen their IP portfolios to protect their competitive advantage

Tune in for a practical look at how understanding and protecting intellectual property can safeguard some of a company’s most valuable assets.

The Briefing: When a Manager Becomes an Agent The Talent Agency Act Trap Aug 07, 2026
Show notes

In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Tara Sattler discuss the legal rules governing talent representation and explain why the distinction between a manager and an unlicensed talent agent can have significant consequences for artists and their representatives.

They cover:

What constitutes “procurement” under California’s Talent Agencies Act

Why a representative’s actual conduct matters more than the title in the agreement

How Park v. Deftones and Marathon Entertainment v. Blasi shaped disputes involving unlicensed talent agency activity

Tune in for a practical discussion of how artists, managers, and entertainment attorneys can structure their relationships, protect their interests, and avoid disputes over co

The Briefing: Copyright Basics: What You Own, What You Don’t, and What Happens When Someone Crosses the Line Jul 31, 2026
Show notes

In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Richard D. Buckley, Jr. return to copyright fundamentals and explain how these rules affect creators, businesses, developers, filmmakers, and anyone commissioning creative work.

They cover:

What copyright protects and the requirements for originality and fixation

Who owns commissioned work and why payment alone may not transfer copyright

What rights copyright owners have and what happens when those rights are infringed

Tune in for a practical look at how copyright ownership can determine whether a creative project moves forward or becomes tied up in legal complications.

Peju Province Winery v Cesari: When a TTAB Loss Doesn’t Follow You to Court Jul 24, 2026
Show notes

In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Tara J. Sattler break down Cesari S.R.L. v. Peju Province Winery L.P., a long-running dispute involving the LIANO and LIANA wine marks.

The Second Circuit vacated a judgment against Peju after finding that the earlier Trademark Trial and Appeal Board decision did not consider how the companies actually used their marks in the marketplace.

In this episode, they cover:

– The two-decade dispute over the LIANO and LIANA wine marks

– Why the TTAB’s likelihood-of-confusion ruling did not bind the federal court

– What the Second Circuit’s decision means for brands facing litigation after a TTAB loss

Tune in for a clear look at when a TTAB loss can follow a brand into federal court, and when it cannot.

Cox v Sony: Did the Supreme Court Just Give AI Companies a Copyright Shield? Jul 17, 2026
Show notes

In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Tara J. Sattler break down the Supreme Court’s decision in Cox Communications v. Sony Music Entertainment, which reversed a $1 billion judgment against the internet service provider.

They discuss:

– Why knowledge that customers are infringing copyrights is not enough to establish contributory liability

– How inducement and substantial lawful uses shape the liability analysis for technology providers

– Why the decision could serve as both a shield and a potential sword in copyright cases involving AI-generated content

Tune in for a clear look at how the Supreme Court’s ruling reshapes the line between neutral technology and contributory copyright infringement.

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