Author: mskllp

Since 1908, Mitchell Silberberg & Knupp LLP (MSK) has proven its ability to understand the complex, demystify the mysterious, and define the unknown. With more than 130 lawyers and offices in Los Angeles, New York, and Washington D.C., MSK is often distinguished as a “go-to” firm by industry and legal insiders, and has extensive experience in a variety of practice areas, including Entertainment & IP Litigation, Labor & Employment, Entertainment Transactions, Immigration, Corporate Securities, Regulatory, Tax, Trusts & Estates, Real Estate and International Trade. Relentlessly innovative, our lawyers have developed groundbreaking legislation, established influential precedents, and shaped the legal landscape. For more information, visit www.msk.com.
International Trade, Regulatory

IEEPA Duties Ordered Refunded (But Not All of Them!)

Written by Susan Kohn Ross We now know much more about the IEEPA refunds. The C.I.T. issued its decision earlier today. See Atmus Filtration v U.S., Case No. 1:26-cv-01259. All unliquidated entries are to have the IEEPA duties refunded at time of liquidation. With that language, we can expect CBP to hold up liquidations until the most recent ones can be “fixed.” This is obviously intended … Continue reading IEEPA Duties Ordered Refunded (But Not All of Them!)

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International Trade, Regulatory

Where Are Those Refunds?

Written by Susan Kohn Ross It appears somewhat more likely the trade community will get a decision sooner rather than later from the Courts about the IEEPA refunds. However, in the meantime, CBP has said do not file a Post Summary Correction, they will not be accepted as a matter of policy. The current lawsuits all proceed under 26 U.S.C. § 1581(i), which is the … Continue reading Where Are Those Refunds?

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International Trade, Regulatory

IEEPA Tariffs Overturned

Written by Susan Kohn Ross Scroll down updates. As has been reported even in the general press, on Friday, February 20, 2026, the U.S. Supreme Court (“Court”) struck down the IEEPA tariffs related to fentanyl on China, Canada and Mexico, and the reciprocal tariffs imposed on most countries based on their balance of trade with the U.S. The Learning Resources – Vos Decision is lengthy … Continue reading IEEPA Tariffs Overturned

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Labor & Employment

California Court of Appeal Addresses When Nonprofits May Properly Utilize Unpaid Volunteers

Written by Gary McLaughlin and Simone Del Barco In a decision of significance to nonprofit organizations across California, the California Court of Appeal has recently clarified when nonprofits can properly treat individuals who donate their time as volunteers, rather than employees.  (Spilman, et al. v. Salvation Army (2026) 2026 WL 35953). In Spilman, the plaintiffs worked for the Salvation Army as part of a six-month … Continue reading California Court of Appeal Addresses When Nonprofits May Properly Utilize Unpaid Volunteers

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MSK Blog

New “Know Your Rights” Notice: What California Employers Should Know by February 1, 2026

Written by Jeremy Mittman and Debra Urteaga Under the recently passed “Workplace Know Your Rights Act,” all California employers must distribute a “Know Your Rights” Notice to their employees by February 1, 2026—and then must continue to do so annually and upon hire. The Notice provides employees with information regarding union rights, immigration-related rights, workers’ compensation information, and workplace protections, such as anti-retaliation. The Notice … Continue reading New “Know Your Rights” Notice: What California Employers Should Know by February 1, 2026

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Intellectual Property

Extrinsically Valid or Intrinsically Flawed: Two Judges Question Ninth Circuit’s Test for Substantial Similarity of Copyrightable Expression

Written by Skyler Terrebonne On January 2, 2026, the Ninth Circuit handed tattoo artist Kat Von D a victory over photographer Jeffrey Sedlik in his suit against her for alleged copyright infringement of his portrait of jazz icon Miles Davis. Sedlik sued Von D in early 2024 after discovering she used his photograph—which featured a dimly-lit Davis, posed against a black background, index finger pressed … Continue reading Extrinsically Valid or Intrinsically Flawed: Two Judges Question Ninth Circuit’s Test for Substantial Similarity of Copyrightable Expression

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MSK Blog

A Boxing Day Miracle:  Federal Court Grants National Labor Relations Board’s Requested Injunction Against California Assembly Bill 288

Written by Louis CannonMSK Client Alert January 5, 2026 In September 2025, California Governor Gavin Newsom signed into law Assembly Bill (“AB”) 288, a law that purports to expand the authority of the California Public Employment Relations Board (“PERB”) to also exercise jurisdiction over private sector employers in situations where the National Labor Relations Board (“NLRB”) either cannot act or is not acting expeditiously. Specifically, AB … Continue reading A Boxing Day Miracle:  Federal Court Grants National Labor Relations Board’s Requested Injunction Against California Assembly Bill 288

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Labor & Employment

The NLRB Is Back: What a Restored Quorum and New General Counsel Mean for Employers

Written by Louis Cannon This January, shortly after taking office, President Trump fired National Labor Relations Board (“NLRB”) Member Gwynne Wilcox. This termination set off a court challenge regarding the constitutionality of the “for cause” termination provision in the National Labor Relations Act (“NLRA”) protecting NLRB Members. That issue is currently before the D.C. Circuit and headed toward the Supreme Court. In the meantime, the … Continue reading The NLRB Is Back: What a Restored Quorum and New General Counsel Mean for Employers

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Intellectual Property

New York State Legislature’s Preliminary Response to AI: Disclosure of “Synthetic Performers” in Advertising and Expanded Prohibitions on “Digital Replicas” of Deceased Performers

Written by Andrew Nietes Largely in response to the proliferation of content generated by artificial intelligence, including use of AI to depict deceased individuals, on December 11, 2025, Governor Kathy Hochul signed two bills into law. The first requires disclosure of AI-generated “synthetic performers” when used in advertising (other than in connection with expressive works). The second amends the already existing prohibitions on unauthorized digital … Continue reading New York State Legislature’s Preliminary Response to AI: Disclosure of “Synthetic Performers” in Advertising and Expanded Prohibitions on “Digital Replicas” of Deceased Performers

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Immigration

H-1B/H-4 Visa Update: U.S. State Department Expands Online Presence Review to Include H-1B and H-4 Visa Applicants

Written by Howard Shapiro and Jason Farkas According to a recent announcement from the U.S. Department of State (DOS), as of December 15, 2025, the DOS will expand the requirement that an “online presence review” be conducted for all H-1B applicants and their dependents (H-4). Per the announcement, all H-1B and H-4 visa applicants at U.S. consular posts abroad will undergo a review of their … Continue reading H-1B/H-4 Visa Update: U.S. State Department Expands Online Presence Review to Include H-1B and H-4 Visa Applicants

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