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

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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Immigration

Update: DHS Announces New Alternative Procedure for E-Verify Employers and New Form I-9 Requirements

Written by Frida P. Glucoft and Lauren Hazday Today the U.S. Department of Homeland Security (DHS) announced a final rule in the Federal Register that recognizes the end of temporary COVID-19 flexibilities for completion of Form I-9 for employment verification as of July 31, 2023. The rule also provides DHS with the authority to authorize optional alternatives for employers to examine Form I-9 support documentation. … Continue reading Update: DHS Announces New Alternative Procedure for E-Verify Employers and New Form I-9 Requirements

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Labor & Employment

PAGA Representative Claims Can Still Be Litigated In Court Despite Robust Arbitration Agreements

Written by Gary McLaughlin and Kyle DeCamp On July 17, 2023, the California Supreme Court broke from the United States Supreme Court by deciding in Adolph v. Uber Technologies that a plaintiff in a Private Attorneys General Act (“PAGA”) action whose own individual claims are compelled to arbitration nonetheless retains standing to pursue representative PAGA claims in court. In Adolph, the plaintiff, Erik Adolph, worked … Continue reading PAGA Representative Claims Can Still Be Litigated In Court Despite Robust Arbitration Agreements

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Intellectual Property

Is Embedding Photos on a Website Copyright Infringement? Ninth Circuit Says No.

Written by Eleanor M. Lackman In Hunley v. Instagram, LLC, — F.4th — (July 17, 2023), the Ninth Circuit thwarted another attempt to outlaw embedding (also called “in-line linking”) of photographs. The court affirmed a district court’s ruling that parties who embedded on their websites photographs from Instagram did not violate the plaintiff photographers’ display right as set forth in 17 U.S.C. §106(5), and accordingly … Continue reading Is Embedding Photos on a Website Copyright Infringement? Ninth Circuit Says No.

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Immigration

COVID-19 Temporary Flexibilities for Form I-9, Employment Eligibility Verification, Will End on July 31, 2023

Written by Frida P. Glucoft and Lauren Hazday Introduction: In March 2020, U.S. Immigration and Customs Enforcement (ICE) introduced COVID-19 temporary flexibilities for Form I-9, Employment Eligibility Verification that allowed employers operating remotely to verify employee identity and employment authorization documents virtually (e.g. fax, email or video). These measures have been extended several times, most recently in October 2022 through July 31, 2023. However, ICE … Continue reading COVID-19 Temporary Flexibilities for Form I-9, Employment Eligibility Verification, Will End on July 31, 2023

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