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

USCIS AGREES TO RELIEF FOR L-2 and H-4 SPOUSAL WORK AUTHORIZATION (EAD) APPLICANTS

Written by David S. Rugendorf On November 10, 2021, the Department of Homeland Security (DHS), which the US Citizenship and Immigration Services (USCIS) is a part of, signed a settlement agreement in the case of Shergill et al. v. Mayorkas, where it agreed to provide relief to L-2 and H-4 spousal work authorization (EAD) applicants.  For H-4s, the spouses of H-1B workers eligible for work … Continue reading USCIS AGREES TO RELIEF FOR L-2 and H-4 SPOUSAL WORK AUTHORIZATION (EAD) APPLICANTS

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COVID-19, Labor & Employment

OSHA Issues, and Fifth Circuit Stays, Emergency Temporary Standard for COVID-19 Vaccination of Private Sector Employees

Written by Gary McLaughlin and Eric Engelman On November 4, 2021, the Occupational Safety and Health Administration (“OSHA”) issued its long-awaited COVID-19 vaccination rule for private employers. The OSHA COVID-19 vaccination and testing emergency temporary standard (“ETS”) applies to all employers with 100 or more employees, and requires that employees be fully vaccinated for COVID-19, or comply with testing and face covering requirements.  The ETS … Continue reading OSHA Issues, and Fifth Circuit Stays, Emergency Temporary Standard for COVID-19 Vaccination of Private Sector Employees

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COVID-19, Labor & Employment

EEOC Issues New COVID-19 Guidance on Religious Objections to Vaccine Mandates

Written by Jeremy Mittman An increase in workplace mandatory COVID-19 vaccination policies has yielded an increase in employees’ requests for special exemptions. This week, the EEOC issued updated guidance on how employers should handle religious objections to COVID-19 vaccine mandates. The guidance explains how Title VII of the Civil Rights Act, which prohibits employment discrimination based on religion, applies. Under Title VII, employers are required … Continue reading EEOC Issues New COVID-19 Guidance on Religious Objections to Vaccine Mandates

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COVID-19, Immigration, Labor & Employment

White House Announces New COVID-19 Vaccination and Testing Requirements for Air Travelers to US

Written by David S. Rugendorf Yesterday, October 25, 2021, the White House issued its long-awaited vaccination and testing requirements for noncitizen/nonpermanent resident air travelers to the United States. The new requirements, which will take effect at 12:01 a.m. on November 8, 2021, replace the previous travel restrictions – no longer will travelers physically present in certain specified geographic regions (China, UK, Ireland, Europe (Schengen countries), … Continue reading White House Announces New COVID-19 Vaccination and Testing Requirements for Air Travelers to US

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Labor & Employment

CA Governor Newsom Signs Flurry of New Laws

Written by Jeremy Mittman This month, California Governor Gavin Newsom enacted a flurry of new laws that directly impact California employers. Here’s a breakdown of the laws (all of which go into effect on January 1, 2022), and what you need to know: SB 331: Broadly Prohibits Non-Disclosure Clauses in Settlement Agreements Senate Bill 331 expands the limit on non-disclosure clauses in settlement agreements to … Continue reading CA Governor Newsom Signs Flurry of New Laws

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International Trade, Regulatory

China Tariff – 301 Update

Written by Susan Kohn Ross In discussing the current state of the 301 tariffs, the first place to start is with the pending litigation. There, the Government has filed its cross-motion to dismiss responding to what plaintiffs had previously argued. The next step is for the panel of judges assigned to these 3800+ cases to decide if they will order oral argument or decide the … Continue reading China Tariff – 301 Update

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Intellectual Property

To Link or Not to Link: Embedding Content and Copyright Infringement

Written by Leo Lichtman A few weeks ago, we reported on Nicklen v. Sinclair Broad. Co., a case out of the Southern District of New York that expressly rejected the “server test” established by the Ninth Circuit in Perfect 10, Inc. v. Amazon.com, Inc., 508 F.3d 1146, 1160 (9th Cir. 2007).  The server test sets forth a limitation for when a copyrighted work is “displayed” … Continue reading To Link or Not to Link: Embedding Content and Copyright Infringement

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Labor & Employment

Mandatory Arbitration Is On the Ropes Again In California

Ninth Circuit Partially Upholds AB-51’s Attack on Mandatory Arbitration Written by Stephen Rossi and Teresa Greider California’s “AB-51” is a controversial law that limits employers’ ability to enter into arbitration agreements with employees, and provides possible civil and criminal penalties for employers that make arbitration agreements a mandatory condition of employment. In February 2020, a District Court in California issued a preliminary injunction barring the … Continue reading Mandatory Arbitration Is On the Ropes Again In California

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International Trade, Regulatory

Customs and Border Protection’s Newest Modernization Efforts –  What Is 21CCF?

Written by Susan Kohn Ross Customs and Border Protection (“CBP”) is in the process of reimaging how it will operate in the future. This effort has been dubbed 21CCF.  At the same time CBP has been developing its recommendations, a national coalition of trade associations has been formed to discuss the very same topic – what should CBP look like in the future? The coalition … Continue reading Customs and Border Protection’s Newest Modernization Efforts –  What Is 21CCF?

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