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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.
Labor & Employment, MSK Blog

NLRB Reins In Protections for Workplace Outbursts

Written by Louis Cannon On September 23, 2026, the National Labor Relations Board (“NLRB”) issued a decision changing the legal standard to be used in situations involving employee outbursts in the workplace. For years – since 1979 – the NLRB’s rule in this area was governed by a case called Atlantic Steel that established four factors that a judge must apply after an employee was … Continue reading NLRB Reins In Protections for Workplace Outbursts

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Intellectual Property

Connecting Is Not Displaying: The Fifth Circuit Rejects the Server Test for a New “Transmit Requirement”

Written by Harrison Newman On August 27, 2026, the Fifth Circuit became the first court of appeals to reject the Ninth Circuit’s “server test” for copyright’s public display right, scrapping that test in favor of a new “transmit requirement” that “likely provides similar results as the server test in many ways.”  Emmerich Newspapers, Inc. v. Particle Media, Inc., No. 25-60550, 2026 WL 2530247, at *6 … Continue reading Connecting Is Not Displaying: The Fifth Circuit Rejects the Server Test for a New “Transmit Requirement”

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Intellectual Property

A Tarnished Legal Theory and a Reversal: Ninth Circuit Rejects Jack Daniel’s “Bad Spaniels” Dilution Claim

Written by Samantha Frankel On August 4, 2026, the Ninth Circuit vacated the district court’s permanent injunction barring VIP Products from selling its “Bad Spaniels” dog toy and directed entry of judgment for VIP on Jack Daniel’s claim for dilution by tarnishment.  VIP Prods., LLC v. United States, No. 25-2027, 2026 WL 2237625, at *2 (9th Cir. Aug. 4, 2026).  The precedential decision clarifies the … Continue reading A Tarnished Legal Theory and a Reversal: Ninth Circuit Rejects Jack Daniel’s “Bad Spaniels” Dilution Claim

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Labor & Employment, MSK Blog

Last Call for the Successor Bar: Court Invalidates Longstanding NLRB Rule

By: Louis Cannon, Carlos Torrejon and Cassandra Horton On July 21, 2026, a divided D.C. Circuit panel ruled that a longstanding doctrine created by the National Labor Relations Board (the “NLRB”), the “successor bar,” is invalid because it exceeds the agency’s authority under the National Labor Relations Act (the “NLRA”). The case is Hospital Menonita de Guayama, Inc. v. NLRB (Hospital Menonita); in it, the … Continue reading Last Call for the Successor Bar: Court Invalidates Longstanding NLRB Rule

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International Trade, Regulatory

IEEPA Tariffs – CAPE and Next Steps

Written by Susan Kohn Ross IEEPA Tariffs – CAPE and Next Steps All importers are anxious to get the IEEPA[1] duties paid refunded. However, there are some legal issues working their way through the system which are causing somewhat understandable delays. The most significant issues are which entries are eligible for CAPE refunds? Why does Customs and Border Protection (“CBP”) say it is not legally able … Continue reading IEEPA Tariffs – CAPE and Next Steps

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Corporate

SEC Proposes Transformative Reforms of Capital Raising Rules and Public Company Reporting Frameworks

Written by Gabriel Miranda The Securities and Exchange Commission (the Commission) recently issued two proposed rulemakings as part of its “Make IPOs Great Again” agenda, which are intended to not only encourage companies to become public, but to also remain public. As such, the proposed rulemakings were designed to broaden access to the public capital markets and reduce ongoing compliance costs for public companies. Specifically, … Continue reading SEC Proposes Transformative Reforms of Capital Raising Rules and Public Company Reporting Frameworks

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Immigration

USCIS Reframes Adjustment of Status as “Extraordinary Relief,” Signaling Broader Scrutiny of Green Card Applications

Written by David Wulkan On May 21, 2026, USCIS issued a significant new policy memorandum signaling a major shift in how the agency intends to adjudicate adjustment of status applications. Under the memorandum, USCIS is seeking to limit the availability of adjustment of status for foreign nationals already in the United States and redirect more applicants toward consular processing abroad. Rather than treating adjustment as … Continue reading USCIS Reframes Adjustment of Status as “Extraordinary Relief,” Signaling Broader Scrutiny of Green Card Applications

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Intellectual Property

Tenth Circuit Affirms Fair Use Defense for Documentary’s Use of Video Footage, Clarifies Post-Warhol Standard for Transformativeness

Written by James Berkley & Robert Rotstein On April 30, 2026, the United States Court of Appeals for the Tenth Circuit issued a significant published opinion in Whyte Monkee Productions, LLC v. Netflix, Inc., No. 22-6086, affirming summary judgment in favor of Netflix and its production partner Royal Goode Productions in a copyright infringement dispute arising from the 2020 documentary series Tiger King: Murder, Mayhem and Madness. The ruling … Continue reading Tenth Circuit Affirms Fair Use Defense for Documentary’s Use of Video Footage, Clarifies Post-Warhol Standard for Transformativeness

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MSK Blog

Muddied Harbors: U.S. Supreme Court Holds That ISP Is Not Contributorily Liable for Its Users’ Infringement

Written by Robert Rotstein and Mark Humphrey Today, the United States Supreme Court decided Cox Communications, Inc. v. Sony Music Entertainment, No. 24–171, 607 U.S. ___ (2026), reversing a billion-dollar jury verdict against internet service provider Cox Communications (“Cox”). Justice Clarence Thomas, joined by six other justices, found that Cox was not a secondary copyright infringer merely because it provided a service with knowledge that … Continue reading Muddied Harbors: U.S. Supreme Court Holds That ISP Is Not Contributorily Liable for Its Users’ Infringement

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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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