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, Motion Picture, Television & Music 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.
Labor & Employment

Mandatory Arbitration Is On the Ropes Again In California

Ninth Circuit Partially Upholds AB-51’s Attack on Mandatory Arbitration Written by Stephen Rossi and Teresa Greider California’s “AB-51” is a controversial law that limits employers’ ability to enter into arbitration agreements with employees, and provides possible civil and criminal penalties for employers that make arbitration agreements a mandatory condition of employment. In February 2020, a District Court in California issued a preliminary injunction barring the … Continue reading Mandatory Arbitration Is On the Ropes Again In California

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International Trade, Regulatory

Customs and Border Protection’s Newest Modernization Efforts –  What Is 21CCF?

Written by Susan Kohn Ross Customs and Border Protection (“CBP”) is in the process of reimaging how it will operate in the future. This effort has been dubbed 21CCF.  At the same time CBP has been developing its recommendations, a national coalition of trade associations has been formed to discuss the very same topic – what should CBP look like in the future? The coalition … Continue reading Customs and Border Protection’s Newest Modernization Efforts –  What Is 21CCF?

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Charitable Organizations, Estate Planning, Tax, Trusts & Estates

House Ways & Means Committee Passes Tax Bill With Potentially Significant Effects on Estate Planning

Written by Allan B. Cutrow and Jeffrey K. Eisen On September 15, 2021, the House Ways and Means Committee passed a tax bill designed to raise revenue for President Biden’s “Build Back Better” plan.  It contains significant changes to the estate and gift tax laws, and the income tax laws related to them.  Of course, this is only another step down a very uncertain road.  … Continue reading House Ways & Means Committee Passes Tax Bill With Potentially Significant Effects on Estate Planning

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Corporate

SEC Approves Nasdaq’s New Board Diversity Requirements

Written by Nimish Patel On August 6, 2021 the U.S. Securities and Exchange Commission (SEC) formally approved Nasdaq’s proposed board diversity listing rules. Key Takeaways The new rules will require companies listed on Nasdaq’s U.S. exchange to annually disclose self-identified board demographic data. Most companies will be required to have at least two diverse directors or explain why they do not. There will be a … Continue reading SEC Approves Nasdaq’s New Board Diversity Requirements

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Labor & Employment

California’s Prop 22 Concerning “Gig Economy” Drivers Ruled Unconstitutional by California Court

Written by Jeremy Mittman The dust is nowhere near settled in the battle over independent contractors in California. In the latest development, a California Superior Court judge ruled last week that Proposition 22 is unconstitutional and unenforceable. Prop 22, which was passed by California voters last November, allows certain “gig economy” workers (app-based delivery and transportation drivers) to be classified as independent contractors instead of … Continue reading California’s Prop 22 Concerning “Gig Economy” Drivers Ruled Unconstitutional by California Court

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COVID-19, Labor & Employment

FDA Fully Approves Pfizer COVID-19 Vaccine, Removing Potential Hurdle to Mandatory Vaccination Policies

Written by Jeremy Mittman Employers can breathe a bit easier when considering whether or not to adopt a mandatory vaccination policy to apply to their workforces. On August 23, 2021, the Food and Drug Administration (FDA) granted the Pfizer COVID-19 vaccine full approval, elevating it from its previous Emergency Use Authorization (“EUA”) status. As most know by now, the Pfizer vaccine is the first of … Continue reading FDA Fully Approves Pfizer COVID-19 Vaccine, Removing Potential Hurdle to Mandatory Vaccination Policies

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Intellectual Property

Of Polar Bears and Copyrights: Southern District of New York Again Rejects the Server Test

Written by Leo M. Lichtman A polar bear is currently at the center of an important copyright dispute in the Southern District of New York in a case that could hold major implications over the scope of a copyright holder’s exclusive display rights.  See Nicklen v. Sinclair Broad. Grp., 2021 WL 3239510 (S.D.N.Y. July 30, 2021). The case was filed by Paul Nicklen, a nature … Continue reading Of Polar Bears and Copyrights: Southern District of New York Again Rejects the Server Test

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Intellectual Property

Trademark Liability for Social Media Influencers? C.D. Cal. Court Says It’s Possible.

Written by Lillian Lee On August 6, 2021, the United States District Court for the Central District of California held that a trademark owner could proceed on a claim of direct trademark infringement against a blogger and social media “influencer.” The court’s ruling highlights the possibility that brand influencers may be held liable for trademark infringement in connection with the products they promote.  Petunia Products, … Continue reading Trademark Liability for Social Media Influencers? C.D. Cal. Court Says It’s Possible.

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Labor & Employment

California Supreme Court Holds That Rest And Meal Period Premiums Must Be Calculated In The Same Manner As Overtime Payments

Written by Jeremy Mittman & Corey Singer On July 15, 2021, the California Supreme Court settled a longstanding question in Ferra v. Loews Hollywood Hotel, LLC, 2021 WL 2965438, about how an employer must calculate the extra hour of premium pay that California non-exempt employees are owed if a compliant meal or rest break is not provided.  In a significant reversal of prior court rulings, … Continue reading California Supreme Court Holds That Rest And Meal Period Premiums Must Be Calculated In The Same Manner As Overtime Payments

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Labor & Employment

President Biden Issues Executive Order Encouraging FTC to Ban or Limit Non-Compete Agreements

Written by Jeremy Mittman Last week, President Biden signed the Executive Order on Promoting Competition in the American Economy which, among other objectives intended to increase competition in a wide range of economic activity, encourages the Federal Trade Commission (FTC) to ban or limit non-compete agreements. Specifically, President Biden directs the Commission to “exercise the FTC’s statutory rulemaking authority under the Federal Trade Commission Act … Continue reading President Biden Issues Executive Order Encouraging FTC to Ban or Limit Non-Compete Agreements

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