Copyright Preemption Remix – The Second Circuit Finds Implied Preemption of Right of Publicity Claim Relating to Remixes on Mixtape

Written by Elaine K. Kim and Elaine Nguyen The Second Circuit recently issued an important decision, In re Jackson, No. 19-480, — F.3d —, 2020 WL 4810706 (2d Cir. Aug. 19, 2020), in which it held that a state law right of publicity claim was barred on the ground of implied copyright preemption.  While implied preemption—also known as conflict preemption—has come up in other copyright … Continue reading Copyright Preemption Remix – The Second Circuit Finds Implied Preemption of Right of Publicity Claim Relating to Remixes on Mixtape

A Jewel of an Opinion or Missing the Mark? Second Circuit Holds that Costco’s Use of “Tiffany” May Be Descriptive

Written by Sofia Castillo and Marissa B. Lewis In Tiffany and Co et al v. Costco Wholesale Corp., No. 17-2798 (2d Cir., Aug. 17, 2020) the Second Circuit vacated and remanded for trial a 2017 decision issued by the Southern District of New York that awarded fine jewelry giant Tiffany & Co. over $21 million in damages arising from Costco’s use of the term “Tiffany” … Continue reading A Jewel of an Opinion or Missing the Mark? Second Circuit Holds that Costco’s Use of “Tiffany” May Be Descriptive

USCIS: Approval Notices May (Temporarily) Evidence Authorization to Work in US

Written by David S. Rugendorf Faced with logistical difficulties in producing work authorization documents (EAD cards), a growing backlog of applications and related litigation, the USCIS announced yesterday (August 19, 2020) that it would, in limited circumstances, allow paper I-797 approval notices to suffice as evidence of employment authorization, even though these notices explicitly state that they are not valid as evidence of same. US … Continue reading USCIS: Approval Notices May (Temporarily) Evidence Authorization to Work in US

The Sky Is Falling

What to do about potential tax hikes with a possible change in Presidential Administrations Written by Allan Cutrow A recent commentary by Philip DeMuth in the Wall Street Journal suggested that a tax hike under a Biden administration would be quite severe. In addition to warning about income tax adjustments affecting rates and capital gains taxation, Mr. DeMuth cautioned that potentially significant changes to the … Continue reading The Sky Is Falling

New York’s Department of Financial Services Initiates Its First Enforcement Action Under Its 2017 Cybersecurity Regulations

Written by Timothy M. Carter Following a publicized commitment to increased cybersecurity enforcement, the New York Department of Financial Services (“NYDFS”) initiated its first enforcement action against First American Title Insurance Co. (“First American”) on July 22, 2020. Stemming from First American’s alleged failure to adequately safeguard highly confidential, personal consumer information – including bank account numbers and statements, mortgage and tax records, Social Security … Continue reading New York’s Department of Financial Services Initiates Its First Enforcement Action Under Its 2017 Cybersecurity Regulations

Ninth Circuit Permits Ashley Judd to Pursue Sexual Harassment Claim Against Harvey Weinstein Due to “Inherent Power Imbalance”

Written by Jeremy Mittman and Bethanie Thau Late last week, the Ninth Circuit reversed dismissal of actress Ashley Judd’s sexual harassment claim against producer and Miramax co-founder Harvey Weinstein.  Judd’s harassment claim alleges Weinstein derailed Judd’s potential casting in The Lord of the Rings films after she rebuffed his sexual advances during a hotel room business meeting early in Judd’s career.  The revived claim alleges … Continue reading Ninth Circuit Permits Ashley Judd to Pursue Sexual Harassment Claim Against Harvey Weinstein Due to “Inherent Power Imbalance”

THE MAGIC HOUR FOR GRATs

Written by Lia Momtsios There are not many things to be thankful for during the time of COVID-19, but Grantor Retained Annuity Trusts (or “GRATs”) are one of them.  GRATs are a tax planning vehicle that allows the donor to transfer income-producing assets into a trust and out of his or her estate (thereby reducing or eliminating the imposition of estate tax upon death), while … Continue reading THE MAGIC HOUR FOR GRATs

The Privilege to Speak One’s Mind: New York Broadens Its Anti-SLAPP Statute

Written by Timothy M. Carter The broad speech protections provided by the First Amendment are emblematic of a “profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide-open[.]”  New York Times v. Sullivan, 376 U.S. 254, 269–70 (1964).  While this unfettered commitment to free speech may shield a speaker from the chill of liability, practically speaking, it often … Continue reading The Privilege to Speak One’s Mind: New York Broadens Its Anti-SLAPP Statute

TAKE THAT JOB AND SHOVE IT! NLRB ADOPTS NEW STANDARD FOR ADDRESSING OFFENSIVE STATEMENTS IN THE WORKPLACE

Written by Jeremy Mittman and Hilary Feybush Last week, the National Labor Relations Board (“Board”) issued a decision making it easier for employers to lawfully discipline or terminate employees who make abusive or offensive statements – including profane, racists, and sexually unacceptable remarks – in the course of activity that would otherwise fall under the protection of the National Labor Relations Act (“NLRA”).   In … Continue reading TAKE THAT JOB AND SHOVE IT! NLRB ADOPTS NEW STANDARD FOR ADDRESSING OFFENSIVE STATEMENTS IN THE WORKPLACE

Come Fly The Friendly Skies? California Supreme Court Rules California Wage Laws Do Not Always Apply to Working In The Golden State

Written by Jeremy Mittman and Stephen Franz The California Supreme Court recently issued two companion decisions – Ward v. United Airlines, Inc. and Oman v. Delta Air Lines, Inc. – clarifying the application of certain California wage and hour laws to employees who may work both in and out of California during a single pay period. New Rule for Applying California’s Wage Statement and Timing-of-Payment … Continue reading Come Fly The Friendly Skies? California Supreme Court Rules California Wage Laws Do Not Always Apply to Working In The Golden State