The Briefing by Weintraub Tobin

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.

In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Tara Sattler discuss what the law requires, which advertisements may be exempt, and how brands and agencies should approach compliance.

They cover:

Tune in for a practical look at how AI-generated spokespeople are reshaping advertising transparency and compliance.

In this episode of The Briefing, Weintraub Tobin Partners Scott Hervey and Matt Sugarman discuss SAG-AFTRA’s new 2026 TV/Theatrical Agreement and the updated AI provisions shaping the future of entertainment production.

In this episode, they cover:

Tune in for a clear look at where AI, performer rights, and entertainment production collide.

In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Matt Sugarman revisit Lil’ Joe Records, Inc. v. Ross after the Eleventh Circuit reversed the district court’s ruling in favor of 2 Live Crew. The decision turns on a key bankruptcy issue: whether a copyright termination interest that was never scheduled in a Chapter 7 case remains property of the bankruptcy estate.

In this episode, they cover:

The ruling changes the vote count under Section 203 and raises new due diligence questions for catalog reclamation projects. Tune in for a clear look at wh

In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Richard D. Buckley, Jr. break down Patagonia’s trademark lawsuit against drag performer and environmental activist Pattie Gonia. They discuss the trademark claims, the First Amendment defenses, and the broader question of whether filing the lawsuit was the right strategic move.

They cover:

Tune in for a clear look at when trademark enforcement collides with parody, activism, and the First Amendment.

In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Tara Sattler discuss the court’s ruling, where Brandy Melville’s trademark claims fell short, and whether a different trademark argument could have changed the outcome.

They cover:

Tune in for a clear look at where copyright protection ends and trademark law begins.

Pepperdine has used the “Waves” name for its athletic teams since 1937. Netflix’s Running Point also features a fictional basketball team called the Waves.

In this episode of The Briefing, Weintraub Tobin Partners Scott Hervey and Tara Sattler break down Pepperdine’s trademark lawsuit against Netflix, the ruling on Netflix’s motion to dismiss, and what the decision says about the Rogers test after Jack Daniel’s v. VIP Products.

They cover:

Tune in for a clear look at where trademark law and entertainment branding collide.

In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Jessica Marlow break down UMG Records v. Last Brand, the lawsuit targeting Quince’s alleged use of unlicensed music across social media marketing.

In this episode, they cover:

For brands, agencies, and influencer marketing teams, this case is a reminder that viral content still needs to be legally cleared. Tune in for a clear look at where music licensing meets influencer marketing, brand control, and copyright liability.

Did the courts just preserve documentary filmmaking as we know it? In this episode of The Briefing, Weintraub Tobin Partner Scott Hervey and Associate Caroline M. Korpiel revisit the Tiger King fair use dispute and break down the Tenth Circuit’s new opinion in Whyte Monkee Productions v. Netflix.

In this episode, they cover:

Whether you’re a filmmaker, producer, content creator, or IP professional, this episode offers important insight into the future of fair use in documentary storytelling.

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

What happens when your AI assistant can act for you, but the platform says no? In this episode of The Briefing, Scott Hervey and Richard D. Buckley, Jr. break down the high-stakes dispute between Amazon and Perplexity AI over AI agents accessing password-protected user accounts.

In this episode, they cover:

– What “agentic AI” means and how tools like Comet actually function

– Why Amazon moved quickly for a preliminary injunction

– How the CFAA and California law are being used to challenge AI-driven access

Tune in for a clear look at whether platform owners can legally fence off AI agents from interacting with their systems.