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.
Cybersecurity, Regulatory

Getting Ready For Virginia’s Consumer Data Protection Act (VCDPA)

Written by Susan Kohn Ross, Lucy Holmes Plovnick, and Stacey Chuvaieva On November 21, 2022 we reported about the changes taking place to California’s Consumer Privacy Act (here) which are effective January 1, 2023. In this Alert, we turn to the Virginia Consumer Data Protection Act (VCDPA) which takes effect on January 1, 2023. Inspired by the European GDPR, Virginia’s state privacy law aligns with its … Continue reading Getting Ready For Virginia’s Consumer Data Protection Act (VCDPA)

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Cybersecurity, Regulatory

The CPRA and Recent Privacy Patchwork

Written by Susan Kohn Ross, Lucy Holmes Plovnick, and Stacey Chuvaieva While the U.S. still does not have a federal privacy law, the laws in various states are changing. California was, of course, first, and even its law has changed. Following in 2023 are privacy laws in Virginia, Colorado, Connecticut and Utah. January 1, 2023 is the compliance date for the California Privacy Rights Act … Continue reading The CPRA and Recent Privacy Patchwork

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Intellectual Property

9th Circuit Applies Rogers Test to “Punchbowl” Case

Written by Chloe N. George This week, the Ninth Circuit affirmed the Central District of California’s summary judgment in favor of AJ Press, LLC, owner of Punchbowl News, against Punchbowl, Inc. in a trademark infringement action under the Lanham Act.[1] The Ninth Circuit applied the Rogers test, established by Rogers v. Grimaldi, 875 F.2d 994 (2d Cir. 1989) and adopted by the Ninth Circuit in … Continue reading 9th Circuit Applies Rogers Test to “Punchbowl” Case

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Intellectual Property

SCOTUS to Weigh In on Extraterritorial Reach of the Lanham Act

Written by Brandon E. Hughes The U.S. Supreme Court is poised to review the extraterritorial reach of the Lanham Act in a case that may significantly impact the manner in which trademark owners police and protect their marks abroad.  In Abitron Austria GmbH, et al. v. Hetronic International, Inc., No. 21-1043, 2022 WL 16703748 (U.S. Nov. 4, 2022), the Court will consider whether the Tenth … Continue reading SCOTUS to Weigh In on Extraterritorial Reach of the Lanham Act

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International Trade, Regulatory

Recent China 301 Activities – USTR Questions Released

Written by Susan Kohn Ross Updated 5:30pm PST, November 8, 2022. The 301 litigation at the Court of International Trade remains pending. The Government has filed its “Reply to comments on [R]emand [Determination]” responding to comments filed by Plaintiffs. Thereafter, Plaintiff’s will file their reply which is due by December 5, 2022. Once that filing takes place, the three judge panel will let litigants know … Continue reading Recent China 301 Activities – USTR Questions Released

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Labor & Employment

CA Court of Appeal Clarifies that Purely Online Businesses Are Not Covered by the ADA

Written by Susan Kohn Ross, Jonathan Turner and Celia Guzman In a decision that is expected to curtail the high volume of website accessibility claims, the California Court of Appeal held that (1) purely online businesses are not covered by the Americans with Disabilities Act (“ADA”); and (2) the discriminatory effect of a facially neutral policy or action alone does not satisfy the “intentional discrimination” … Continue reading CA Court of Appeal Clarifies that Purely Online Businesses Are Not Covered by the ADA

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Labor & Employment

California Employers Prohibited from Taking Adverse Action Against Employees during “Emergency Conditions”

Written by Jeremy Mittman and Celia Guzman As of January 1, 2023, Senate Bill 1044 prohibits California employers from taking or threatening adverse action against an employee for refusing to report to, or leaving, the workplace due to a “reasonable belief”that the workplace is unsafe due to an “emergency condition.”  Here’s what you need to know: 1. Emergency Condition.  An emergency condition is defined to … Continue reading California Employers Prohibited from Taking Adverse Action Against Employees during “Emergency Conditions”

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Labor & Employment

California Employers Required to Provide Bereavement Leave to Employees

Written by Jeremy Mittman and Kyle DeCamp California Governor Gavin Newson has approved and signed Assembly Bill (AB) 1949, an amendment to the California Family Rights Act (CFRA) that will take effect on January 1, 2023. AB 1949 now requires covered California employers to provide eligible employees with 5 days of unpaid bereavement leave for the death of a qualifying family member. This bereavement leave … Continue reading California Employers Required to Provide Bereavement Leave to Employees

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Labor & Employment

NLRB Rules that Dues Deductions Continue After a Collective Bargaining Agreement’s Expiration

Written by Anthony Amendola and Eric Engelman As has become standard practice in our increasingly polarized nation, on October 3, the National Labor Relations Board (“NLRB”) again changed course on an issue of importance to labor and management. In Valley Hospital Medical Center, Inc. d/b/a Valley Hospital Medical Center, 371 NLRB No. 160 (2022), the NLRB ruled that employers must now continue to honor dues … Continue reading NLRB Rules that Dues Deductions Continue After a Collective Bargaining Agreement’s Expiration

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COVID-19, Labor & Employment

California’s COVID-19 Supplemental Paid Sick Leave Extended Through 2022

Written by Jeremy Mittman and Gabriel Hemphill On September 29, 2022, California Governor Gavin Newsom signed Assembly Bill (“AB”) 152 into law. AB 152 was signed immediately before the expiration of its predecessor, Senate Bill (“SB”) 114 (which we discussed here), which provided Covid-19 supplemental paid sick leave (“SPSL”) through September 30, 2022. Effective September 30, 2022, AB 152 extends the obligations and entitlements of … Continue reading California’s COVID-19 Supplemental Paid Sick Leave Extended Through 2022

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