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

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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Cybersecurity, Regulatory

New Adequacy Decision for the EU-US Data Privacy Framework

Written by Susan Kohn Ross, Stacey Chuvaieva, and Lucy Holmes Plovnick Yesterday, July 10, 2023, the European Commission adopted a new adequacy decision entitled the EU-US Data Privacy Framework. It provides a new mechanism designed to permit the transfer of personal data from the European Union to the United States (“Framework”) in a manner that adequately protects the privacy rights of those individuals whose personally identifiable … Continue reading New Adequacy Decision for the EU-US Data Privacy Framework

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Intellectual Property

SCOTUS Holds That Federal Trademark Law Does Not Reach Infringing Conduct That Occurs Abroad

Written by Marissa B. Lewis and Brandon E. Hughes On June 29, 2023, the U.S. Supreme Court issued its decision in Abitron Austria GmbH, et al. v. Hetronic International, Inc., No. 21-1043, holding that federal trademark law extends only to claims where the alleged infringing “use in commerce” occurs in the U.S.  The ruling overturns a $96 million in damages awarded for infringing conduct that … Continue reading SCOTUS Holds That Federal Trademark Law Does Not Reach Infringing Conduct That Occurs Abroad

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Labor & Employment

Rapper’s (un)Delight:  Ninth Circuit Holds Blaring Rap Music in the Workplace Can Support Sex Harassment Claim

Written by Jeremy Mittman In a recent decision, the Ninth Circuit Court of Appeals addressed the issue of music-as-harassment in the workplace. The court recognized the impact of “sexually graphic, violently misogynistic music” in creating a hostile work environment, ruling that it could be grounds for a Title VII claim. The court’s ruling emphasizes the importance of addressing offensive conduct and provides guidance for employers … Continue reading Rapper’s (un)Delight:  Ninth Circuit Holds Blaring Rap Music in the Workplace Can Support Sex Harassment Claim

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Labor & Employment

The Employer Strikes Back: SCOTUS Holds Tort Claims Against Union for Strikers’ Intentional Destruction of Property Are Not Preempted by the NLRA

Written by Jonathan Turner and William S. Lisa The Supreme Court’s June 1, 2023 decision in Glacier Northwest, Inc. v. International Brotherhood of Teamsters may provide employers with an additional avenue of recourse when dealing with strikers engaging in unlawful behavior not specifically prohibited by the National Labor Relations Act (the “NLRA” or the “Act”).  In a decision joined by five Justices, and a judgment … Continue reading The Employer Strikes Back: SCOTUS Holds Tort Claims Against Union for Strikers’ Intentional Destruction of Property Are Not Preempted by the NLRA

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Cybersecurity, Regulatory

More States Enact Privacy Laws

Written by Susan Kohn Ross, Lucy Plovnick, Stacey Chuvaieva and Albina Gasanbekova Iowa and Indiana now become the sixth and the seventh states, respectively, to provide comprehensive privacy protection to those living in those states, following the lead of California, Virginia, Connecticut, Colorado, and Utah (in that order). Those who do business in Iowa or have Iowa consumers as customers/users have until January 1, 2025 … Continue reading More States Enact Privacy Laws

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Intellectual Property

AI and Copyright Law: U.S. Copyright Office Announces Public Webinar

Generative Artificial Intelligence (AI) raises many fundamental copyright law questions about copyrightability, ownership, rights and enforcement. In light of the myriad questions that AI raises in the copyright world, we are excited to share an upcoming webinar that may be of great interest. The U.S. Copyright Office has announced a free virtual, public webinar on June 28, 2023 at 2pm ET, focused on the current … Continue reading AI and Copyright Law: U.S. Copyright Office Announces Public Webinar

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Immigration, Labor & Employment

Florida to Require E-Verify for Employers With 25 or More Employees in the State

Written by Alina Charniauskaya-Mehta and Jason A. Farkas Beginning July 1, 2023, employers with 25 or more employees in Florida will be required to use E-Verify to confirm the employment eligibility of new hires, pursuant to Florida Senate Bill (SB) 1718, the new law signed by Governor Ron DeSantis on May 10. Independent contractors – as defined in federal laws or regulations – do not … Continue reading Florida to Require E-Verify for Employers With 25 or More Employees in the State

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Intellectual Property

A “Prince” of an Opinion or a Drag on Creativity? SCOTUS Decides Fair Use Issues in Andy Warhol Foundation for Visual Arts, Inc. v. Goldsmith[1]

Written by Eleanor M. Lackman and Robert H. Rotstein On May 18, 2023, in a 7-2 ruling, the United States Supreme Court held that Andy Warhol’s use of a photograph of the late musician Prince to create a new image for licensing in a magazine was not “transformative” under the first fair use factor set forth in 17 U.S.C. § 107. Because Petitioner Andy Warhol Foundation for … Continue reading A “Prince” of an Opinion or a Drag on Creativity? SCOTUS Decides Fair Use Issues in Andy Warhol Foundation for Visual Arts, Inc. v. Goldsmith[1]

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