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

Not All the Plaintiff “Desires”: Only One Statutory Damages Award Available

Written by Aaron D. Johnston On February 2, 2021, the Ninth Circuit issued Desire, LLC v. Manna Textiles, Inc., 2021 WL 345583 (9th Cir. 2021), holding that where one upstream infringer was jointly and severally liable with various downstream infringers (who were not jointly and severally liable with each other) in three distinct infringing distribution chains, plaintiff could only be awarded one statutory award rather … Continue reading Not All the Plaintiff “Desires”: Only One Statutory Damages Award Available

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Intellectual Property

Bursting the [Red]Bubble? Northern District of California Considers Online Retailer’s Scope of Liability for Copyright and Trademark Infringement

Written by Lillian Lee On January 28, 2021, the U.S. District Court for the Northern District of California addressed an online retailer’s liability for copyright and trademark infringement arising out of its users’ submissions.  Atari Interactive, Inc. v. Redbubble, Inc., Case No. 4:18-cv-03451.  The court on cross-motions for summary judgment deferred on most issues, holding that Plaintiff Atari Interactive, Inc. (“Atari”) could proceed on some … Continue reading Bursting the [Red]Bubble? Northern District of California Considers Online Retailer’s Scope of Liability for Copyright and Trademark Infringement

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Labor & Employment

California Supreme Court Holds that Dynamex ABC Test Applies Retroactively

Written by Jeremy Mittman and Hilary Feybush On January 14, 2021, the California Supreme Court in Vasquez v. Jan-Pro Franchising, Inc., 2021 WL 127201 (Cal. Jan 14, 2021) held that its landmark April 2018 Dynamex decision for determining independent contractor status applies retroactively. This question was posed to the California Supreme Court by the Ninth Circuit after it withdrew its May 2019 holding that the Dynamex test applied retroactively. … Continue reading California Supreme Court Holds that Dynamex ABC Test Applies Retroactively

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Immigration

Quarantine Requirements and US Visa Applications

Written by Frida Popik Glucoft The COVID-19 pandemic continues to have a significant impact on US immigration and the visa process. In addition to the recently announced negative COVID test requirements for US travelers, some embassies are issuing specific quarantine measures as well. The U.S. Embassy in Paris has just announced that in order to protect its employees and visa applicants, anyone applying for a visa … Continue reading Quarantine Requirements and US Visa Applications

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Immigration

New Year Brings Changes To Immigration, US Travel

Written by David S. Rugendorf The new year 2021 is likely to bring many changes to US immigration and travel requirements.  A new White House administration and the evolving situation regarding efforts to contain the global pandemic assure that we should hear of many developments in policies and procedures.  For starters, here are two such developments: Negative COVID Tests To Be Required For All US … Continue reading New Year Brings Changes To Immigration, US Travel

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COVID-19, Intellectual Property

Another COVID-19 Surprise: Important New Trademark and Copyright Legislation Buried In Spending and Relief Package

Written by Marissa B. Lewis Yesterday, Congress’s omnibus spending and COVID-19 relief bill, H.R. 133, was signed into law.  Buried in the legislation are two new acts that potentially have sweeping implications for intellectual property owners.  The Trademark Modernization (“TM”) Act and the Copyright Alternative in Small-Claims Enforcement (“CASE”) Act introduce measures that are poised to significantly impact the way that trademark and copyright owners … Continue reading Another COVID-19 Surprise: Important New Trademark and Copyright Legislation Buried In Spending and Relief Package

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COVID-19, Payroll & Employment Taxes, Tax

New COVID Relief Legislation Provides Tax Benefit

Written by Jeffrey D. Davine The new COVID relief bill extends (and modifies) certain provisions that were included in the CARES Act that was enacted in March.  This legislation, signed by the President on December 27, will provide $900 billion of additional financial assistance to individuals and businesses that have been affected by the pandemic. Among the provisions contained in the new legislation is funding for additional … Continue reading New COVID Relief Legislation Provides Tax Benefit

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COVID-19, Labor & Employment

FFCRA, We Hardly Knew Thee: Federal (and State) Paid COVID-19 Leave Laws Expire at Year’s End

Written by Jeremy Mittman and Stephen C. Franz On December 21, 2020, Congress passed the Coronavirus Response and Relief Supplemental Appropriations Act as a follow-up to the April 2020 Families First Coronavirus Response Act (“FFCRA”).  While President Trump has not yet signed the approximately $900 Billion measure, the new bill contains at least one provision that will be of particular interest to employers. Significantly, the new bill … Continue reading FFCRA, We Hardly Knew Thee: Federal (and State) Paid COVID-19 Leave Laws Expire at Year’s End

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COVID-19, Labor & Employment

EEOC Issues Guidance on COVID-19 Vaccinations: Yes, Employers Can Require Them

Written by Jeremy Mittman and Thea Rogers On December 16, 2020, the Equal Employment Opportunity Commission (“EEOC”) issued much anticipated guidance to employers regarding whether employers can mandate that their employees receive COVID-19 vaccinations.  The key takeaway from this guidance is that employers can require employees to receive the COVID-19 vaccination in order to return to the workplace.  Furthermore, neither the COVID-19 vaccination nor its administration … Continue reading EEOC Issues Guidance on COVID-19 Vaccinations: Yes, Employers Can Require Them

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Intellectual Property

No Safe Harbor: Online Music Streaming Mixtape Platform is Liable for Copyright Infringement That Occurred Before Registering a DMCA Agent

Written by Albina Gasanbekova In Atlantic Recording Corp., et al. v. Spinrilla, LLC, et al., 1:17-cv-00431-AT (N.D. Ga. Nov. 30, 2020), a federal district court ruled that an online streaming provider cannot invoke the safe harbor provisions of the Digital Millennium Copyright Act (“DMCA”) to avoid liability for infringing uploads occurring before the provider met the requisite criteria for such protection. Spinrilla.com (“Spinrilla”) proclaims that it … Continue reading No Safe Harbor: Online Music Streaming Mixtape Platform is Liable for Copyright Infringement That Occurred Before Registering a DMCA Agent

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