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.
Intellectual Property

Better Call Saul Receives ‘Sweet Liberty’ From Trademark Suit

Written by Ian Logan On September 25, 2023, the U.S. District Court for the Southern District of New York issued an opinion and order in JTH Tax LLC v. AMC Networks Inc., et al., Case No. 22-cv-06526, ECF No. 44 (S.D.N.Y. Sept. 25, 2023), granting Defendants AMC Networks Inc. (“AMC”) and Sony Pictures Television Inc.’s (“Sony”) motion to dismiss. Applying the test originally set forth … Continue reading Better Call Saul Receives ‘Sweet Liberty’ From Trademark Suit

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Intellectual Property

Of Artificial Intelligence and Untidy Facts: Federal District Court Denies Summary Judgment in AI Copyright Case

Written by Robert H. Rotstein and Eleanor M. Lackman On September 25, 2023, Judge Stephanos Bibas of the U.S. Court of Appeals for the Third Circuit, sitting by designation in the District of Delaware, issued an opinion addressing the potential liability of an artificial intelligence startup for training its program using a copyrighted database.  Thomson Reuters Enterprise Centre Gmbh, et al. v. Ross Intelligence Inc., … Continue reading Of Artificial Intelligence and Untidy Facts: Federal District Court Denies Summary Judgment in AI Copyright Case

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MSK Blog

Federal Court Issues Preliminary Injunction Against California’s Recently Enacted Internet Child-Protection Law

Written by James D. Berkley and Stacey Chuvaieva As MSK reported last year, there was a distinct possibility of legal, including constitutional, challenges to the new California Age-Appropriate Design Code Act (the “CAADCA”), a law aimed at protecting children online. Such predictions proved accurate and have now culminated in a ruling. On September 18, 2023, Judge Beth Labson Freeman of the U.S. District Court for … Continue reading Federal Court Issues Preliminary Injunction Against California’s Recently Enacted Internet Child-Protection Law

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Cybersecurity, Intellectual Property, Regulatory

Be Careful Who You Pick As Your Arbitration Provider!

Written by Susan Kohn Ross On August 10, 2023, a California federal district court refused to enforce an arbitration clause because the defendants’ Terms of Use (sometimes called Terms of Service) named an arbitration provider whose lack of even-handed and transparent procedures rendered the clause unconscionable. Heckman v. Live Nation Entertainment, Inc.,   CV22-0047 (C.D. Cal). While only a district court decision, the opinion stands as … Continue reading Be Careful Who You Pick As Your Arbitration Provider!

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Intellectual Property

Not “The Kindest”: Case Between Feuding Friends Over Facebook Post Thrown Out On Fair Use Grounds

Written by Lindsay R. Edelstein On September 14, 2023, the U.S. District Court for the District of Massachusetts issued a decision in Larson v. Perry, Case No. 1:19-CV-10203-IT, 2023 WL 5985251 (D. Mass. Sept. 14, 2023), dismissing on summary judgment a highly publicized case concerning the short story “The Kindest,” which was inspired by a Facebook post about becoming a living kidney donor. The Court … Continue reading Not “The Kindest”: Case Between Feuding Friends Over Facebook Post Thrown Out On Fair Use Grounds

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Labor & Employment

Still Have Independent Contractors? The City of Los Angeles Now Has Something to Say About That

Written by Jeremy Mittman This summer, the City of Los Angeles enacted the Freelance Worker Protections Ordinance (“the Ordinance”), setting forth certain requirements for hiring entities retaining “freelance workers” within the City of Los Angeles (“the City”). The Ordinance defines a freelance worker as an individual or entity composed of no more than one person that is hired by a “hiring entity” as a bona … Continue reading Still Have Independent Contractors? The City of Los Angeles Now Has Something to Say About That

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Immigration

REAL ID – Does one really need it?

Written by Brian Fu and Frida P. Glucoft What is the REAL ID Act, and when does it go into effect? The REAL ID Act establishes minimum security standards for licenses and prevents federal agencies from accepting licenses and identification cards from states that do not meet the set standards. Enforcement of the REAL ID Act begins May 7, 2025, at which point federal agencies, … Continue reading REAL ID – Does one really need it?

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Intellectual Property

D.C. Federal Court Says Copyright Office Properly Denied Registration to Artwork Claimed to Be Generated by Artificial Intelligence

Written by James D. Berkley On August 18, 2023, a U.S. federal court for the first time addressed the copyright registrability of works claimed to be generated by computer-based artificial intelligence (“AI”). In Thaler v. Perlmutter, No. 22-1564 (D.D.C. August 18, 2023), Judge Beryl A. Howell ruled that the United States Copyright office had properly denied copyright registration to plaintiff Stephen Thaler, a scientist and … Continue reading D.C. Federal Court Says Copyright Office Properly Denied Registration to Artwork Claimed to Be Generated by Artificial Intelligence

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Labor & Employment

NLRB Adopts a New Standard for Assessing the Lawfulness of Workplace Rules

Written by Jonathan Turner and Kyle DeCamp On August 2, 2023, the National Labor Relations Board (the Board) issued a decision in Stericycle, Inc., 372 NLRB No. 113 (2023) that overruled existing Board precedent and established a standard by which existing workplace rules may be deemed facially unlawful under Section 8(a)(1) of the National Labor Relations Act (the NLRA), even if the rules don’t expressly … Continue reading NLRB Adopts a New Standard for Assessing the Lawfulness of Workplace Rules

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Corporate, Cybersecurity

SEC Approves New Rules for Cybersecurity Disclosure and Incident Reporting

Written by Blake Baron and Gabriel Miranda On July 26, 2023, the U.S. Securities and Exchange Commission (“SEC”) adopted the new highly-anticipated cybersecurity disclosure rules for public companies. Background: Cybersecurity disclosure has been on the SEC’s radar since their 2018 cybersecurity disclosure guidance. And, on March 9, 2022, the SEC first proposed its new cybersecurity rules for public companies aiming to “better inform investors” about … Continue reading SEC Approves New Rules for Cybersecurity Disclosure and Incident Reporting

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