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.
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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Intellectual Property

Are Virtual Goods Still Goods for Trademark Purposes?

Written by Bryse K. Thornwell In Yuga Labs, Inc. v. Ripps, et al, No. 2:22-CV-04355  (C. D. Cal. Apr. 21, 2023), Judge John F. Walter explored the use of trademarks in the world of non-fungible tokens (“NFTs”), which are tokenized assets that have been recorded on a blockchain. As intellectual property disputes continue to arise in the world of NFTs, the key issues that the … Continue reading Are Virtual Goods Still Goods for Trademark Purposes?

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Intellectual Property

Epic Games, Inc. v. Apple, Inc.

Written by Genevieve Javidzad On April 24, 2023, the Ninth Circuit issued its much anticipated decision in Epic Games, Inc. v. Apple, Inc., in which Epic alleged that Apple violated the Sherman Antitrust Act and California Unfair Competition laws. The Ninth Circuit affirmed the District Court’s ruling on the merits but reversed and remanded for further consideration as to whether Apple was entitled to its fees. … Continue reading Epic Games, Inc. v. Apple, Inc.

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Intellectual Property

What Am I Bidding for, the First NFT?

Written by Bryse K. Thornwell In Free Holdings Inc. v. McCoy et al, No. 22-CV-881 (JLC) (S.D.N.Y., March 17, 2023), Magistrate Judge James L. Cott confronted an unclear issue regarding ownership of non-fungible tokens (“NFTs”), which are assets that have been tokenized via a blockchain. NFTs can be unique and quite valuable. The court in Free Holdings considered the issue whether initial registration of an … Continue reading What Am I Bidding for, the First NFT?

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Cybersecurity, Regulatory

Final California Privacy Regulations Approved: Key Takeaways

Written by Susan Kohn Ross and Stacey Chuvaieva On March 29, 2023, California’s Office of Administrative Law (“OAL”) approved the final text of the first part of the regulations issued by the California Privacy Protection Agency (“CPPA”) , which will take effect immediately (“Regulations”). These final Regulations provide long awaited guidance on some new concepts contained in the California Privacy Rights Act (“CPRA”) which was approved by … Continue reading Final California Privacy Regulations Approved: Key Takeaways

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Intellectual Property

Fair Use of “Foul Play”?  SDNY Judge Says No!

Written by Tiana A. Bey In Hachette Book Group, Inc. v. Internet Archive, No. 20-CV-4160 (JGK), 2023 WL 2623787 (S.D.N.Y. Mar. 24, 2023), Judge John G. Koeltl ruled that the “digital lending library” operated by Defendant Internet Archive (“IA”) infringed copyrights owned by the Plaintiffs in books that IA had reproduced and distributed to the public on the theory that it could run an “emergency … Continue reading Fair Use of “Foul Play”?  SDNY Judge Says No!

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Labor & Employment

The Fair Work Week Ordinance: What LA Retailers Need to Know

Written by Jeremy Mittman and Thea Rogers On April 1st, the Los Angeles City Fair Work Week Ordinance (“FWWO”), an employee-friendly law affecting mid-size and large retail businesses, takes effect.  The FWWO, which was passed by the Los Angeles City Council during the final days of 2022, is generally applicable to retailers (with over 300 employees globally) with nonexempt employees who work at least two … Continue reading The Fair Work Week Ordinance: What LA Retailers Need to Know

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Labor & Employment

Are highly compensated executives still entitled to overtime pay under the FLSA? 

Yes, if the employer is not careful when structuring the pay arrangements. Written by Jonathan Turner and Gabriel Hemphill Employers under the Fair Labor Standards Act (“FLSA”) need to be aware of how to structure “salary” compensation arrangements with persons they are employing in an “executive” capacity to manage all or part of the employer’s business; otherwise, employers may find themselves subject to claims that … Continue reading Are highly compensated executives still entitled to overtime pay under the FLSA? 

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International Trade, Regulatory

301 Judgment by CIT – Not Down for the Count – Yet!

Written by Susan Kohn Ross On Friday, March 17, 2023, the Court of International Trade issued its decision in the pending 301 litigation. That decision can be found here. The judges agreed the actions by the U.S. Trade Representative (“USTR”) were adequate and found the tariffs valid for the products on Lists 3 and 4. [Lists 1 and 2 were never challenged.] It is entirely … Continue reading 301 Judgment by CIT – Not Down for the Count – Yet!

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