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, Motion Picture, Television & Music 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

Trademark Liability for Social Media Influencers? C.D. Cal. Court Says It’s Possible.

Written by Lillian Lee On August 6, 2021, the United States District Court for the Central District of California held that a trademark owner could proceed on a claim of direct trademark infringement against a blogger and social media “influencer.” The court’s ruling highlights the possibility that brand influencers may be held liable for trademark infringement in connection with the products they promote.  Petunia Products, … Continue reading Trademark Liability for Social Media Influencers? C.D. Cal. Court Says It’s Possible.

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Labor & Employment

California Supreme Court Holds That Rest And Meal Period Premiums Must Be Calculated In The Same Manner As Overtime Payments

Written by Jeremy Mittman & Corey Singer On July 15, 2021, the California Supreme Court settled a longstanding question in Ferra v. Loews Hollywood Hotel, LLC, 2021 WL 2965438, about how an employer must calculate the extra hour of premium pay that California non-exempt employees are owed if a compliant meal or rest break is not provided.  In a significant reversal of prior court rulings, … Continue reading California Supreme Court Holds That Rest And Meal Period Premiums Must Be Calculated In The Same Manner As Overtime Payments

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Labor & Employment

President Biden Issues Executive Order Encouraging FTC to Ban or Limit Non-Compete Agreements

Written by Jeremy Mittman Last week, President Biden signed the Executive Order on Promoting Competition in the American Economy which, among other objectives intended to increase competition in a wide range of economic activity, encourages the Federal Trade Commission (FTC) to ban or limit non-compete agreements. Specifically, President Biden directs the Commission to “exercise the FTC’s statutory rulemaking authority under the Federal Trade Commission Act … Continue reading President Biden Issues Executive Order Encouraging FTC to Ban or Limit Non-Compete Agreements

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Charitable Organizations, Trusts & Estates

Proposed Legislation Would have a Dramatic Impact on Donor Advised Funds

Written by David Wheeler Newman The “Accelerating Charitable Efforts Act”, or the “ACE Act”, introduced on June 9th by Senators Grassley and King, would have major impacts on donor advised funds (DAFs) and private foundations. Our prior post discussed the proposed changes to the private foundation rules, and this post will discuss those affecting DAFs. Under existing law, a donor may generally claim a charitable … Continue reading Proposed Legislation Would have a Dramatic Impact on Donor Advised Funds

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Corporate

$12 Million Judgment Against Celebrity Endorser for Role in Cyrptocurrency ICO

Written by Mark Hiraide You are a celebrity or a social media influencer and are asked by a company raising money from investors to post endorsements on Instagram.  The company’s White Paper identifies you as a “team member,” and the company refers to you as a member of their advisory board.  The company goes on to raise over $12 million from investors, but later goes … Continue reading $12 Million Judgment Against Celebrity Endorser for Role in Cyrptocurrency ICO

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Charitable Organizations, Tax, Trusts & Estates

Proposed Legislation Would Affect Private Foundations

Written by David Wheeler Newman Senators Chuck Grassley and Angus King on June 9 announced their intention to introduce tax legislation, dubbed the “Accelerating Charitable Efforts Act”, or the “ACE Act”, that would have major impacts on donor advised funds (DAFs) and private foundations.  This post will discuss the proposed changes to the private foundation rules, and the next post will discuss those affecting DAFs. … Continue reading Proposed Legislation Would Affect Private Foundations

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COVID-19, Labor & Employment

Cal-OSHA Standards Board Adopts Emergency Temporary Standards (ETS) Revisions, Governor Newsom Issues Immediately Effective Executive Order

Written by Jeremy Mittman & Thea Rogers Last Friday, June 17, Governor Newsom signed the Cal-OSHA Safety and Health Standards Board’s revisions to its Emergency Temporary Standards (“ETS”) into immediate effect (Executive Order linked here), thereby more closely aligning Cal-OSHA COVID-19 face covering and physical distancing standards with the California Department of Public Health (“CDPH”) and Centers for Disease Control (“CDC”) recommendations.  Although Governor Newsom … Continue reading Cal-OSHA Standards Board Adopts Emergency Temporary Standards (ETS) Revisions, Governor Newsom Issues Immediately Effective Executive Order

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Immigration

H-1B Cap Lottery Selection Rate Drops Significantly and What’s Next?

Written by Stephen Blaker On March 30, 2021, U.S. Citizenship and Immigration Services (USCIS) announced that it had completed its cap lottery selection of H-1B registrations for the fiscal year (FY) 2022. Employers submitted 308,613 registrations for selection in the cap lottery, of which USCIS selected 87,500 cases, or 28% of the total number of registrations. This is a significant decrease from the FY 2021 … Continue reading H-1B Cap Lottery Selection Rate Drops Significantly and What’s Next?

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COVID-19, Labor & Employment

Houston, We Have a Policy: Texas Court Upholds Employer’s COVID-19 Vaccine Mandate

Written by Jeremy Mittman and Stephen Franz As a handful of employees across the country have filed lawsuits challenging workplace COVID-19 vaccination mandates, many employers have been left to grapple with whether they can implement a mandatory COVID-19 vaccine policy as a condition of employment.  At least according to one Texas federal district court, the answer is yes.   Judge Hughes of the United States … Continue reading Houston, We Have a Policy: Texas Court Upholds Employer’s COVID-19 Vaccine Mandate

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COVID-19

California Reopens – What Does That Mean?

Written by Susan Kohn Ross California has officially reopened today – June 15th. Nonetheless, there are some restrictions which remain in place. On June 14th, California posted guidance for various industries, see here. When it comes to office operations, those restrictions remain unchanged as the existing Cal-OSHA recommendations are not yet updated.   At the same time, Cal-OSHA has posted a new guidance – see here … Continue reading California Reopens – What Does That Mean?

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