In a Landmark Ruling, Supreme Court Holds That Title VII Protects Gay and Transgender Workers from Workplace Discrimination

Written by Jeremy Mittman and Corey Singer The U.S. Supreme Court issued another pivotal win in the movement for LGBT equality today, ruling that the workplace prohibition on gender bias in Title VII of the Civil Rights Act also protects workers from discrimination based on sexual orientation and gender identity.   Justice Neil Gorsuch, writing for the Court, in a 6-3 opinion, held that a … Continue reading In a Landmark Ruling, Supreme Court Holds That Title VII Protects Gay and Transgender Workers from Workplace Discrimination

MSK Minute: Su Ross and Tim Carter Discuss Contact Tracing

In this video, MSK attorneys Susan Kohn Ross and Timothy Carter discuss contact tracing: what it is, what it means for employers and employees, and the impact it may have on your privacy right. If you are interested in learning more broadly about contact tracing or have any questions on this topic, please email Su at skr@msk.com or Tim at tmc@msk.com. Continue reading MSK Minute: Su Ross and Tim Carter Discuss Contact Tracing

MSK Minute: Carly Epstein Discusses Protecting “High-Risk” Employees When Returning to Work

In this video, MSK associate Carly Epstein discusses EEOC guidance regarding treatment of employees who the CDC categorizes as at a “higher risk for severe illness” if they get COVID-19, an employer’s obligations to accommodate these “high risk” employees, and workplace accommodations an employer can implement to eliminate or reduce the threat to an at-risk employee returning to the workplace. Continue reading MSK Minute: Carly Epstein Discusses Protecting “High-Risk” Employees When Returning to Work

Return to Work: Beware of Fraudulent Contact Tracers

Written by Susan Kohn Ross and Timothy Carter As contact tracing ramps up in states across the country, state and local officials are increasingly warning of a rise in fraudulent contract tracers seeking to wrongfully obtain personal and financial information. We have previously written about contact tracing – long considered to be “a central pillar” of traditional infectious disease control – and how it works. In order to … Continue reading Return to Work: Beware of Fraudulent Contact Tracers

When the Jacket Fits but the Copyright Registration (Maybe) Doesn’t: Ninth Circuit Clarifies Requirement to Determine Validity of Knowingly Filed Incorrect Copyright Registration

Written by Aaron D. Johnston and Orly Ravid SUMMARY The Ninth Circuit recently decided a copyright infringement case that pitted fabric designer Unicolors against clothing retail giant H&M regarding an artwork design that H&M used on a jacket and skirt in its fall 2015 collection.  The dispute involved one fabric design in a copyright registration containing 31 designs as a “single-unit registration.”  In Unicolors, Inc. … Continue reading When the Jacket Fits but the Copyright Registration (Maybe) Doesn’t: Ninth Circuit Clarifies Requirement to Determine Validity of Knowingly Filed Incorrect Copyright Registration

Fair Use & Tater Tots

Written by Timothy M. Carter In 2011, Plaintiffs Tamita Brown, Glen S. Chapman, and Jason T. Chapman composed and recorded the children’s song Fish Sticks n’ Tater Tots (the “Song”), which details a student’s journey from her classroom to her school cafeteria to eat fish sticks and tater tots for lunch.[1]  Six years later, the documentary film Burlesque: Heart of the Glitter Tribe (the “Film”) — which … Continue reading Fair Use & Tater Tots

District Court of Colorado Departs From the Rogers Test in Documentary Trademark Suit

Written by Eleanor M. Lackman and Lillian Lee On May 8, 2020, the U.S. District Court for the District of Colorado granted National Geographic’s motion to dismiss an amended complaint for trademark infringement, unfair competition, and deceptive trade practices.  Stouffer v. National Geographic Partners, LLC, No. 18-cv-3127 (May 8, 2020). In doing so, the court addressed “the question of what protections the First Amendment provides … Continue reading District Court of Colorado Departs From the Rogers Test in Documentary Trademark Suit

Epic Games Obtains Early Win In Fortnite “Running Man” IP Lawsuit

Written by Adé Jackson and Gabriella Nourafchan On Friday, May 29, 2020, the United States District Court for the District of Maryland granted Epic Games’ motion to dismiss in Brantley et al. v. Epic Games, Inc., Case No. 8:19-cv-594, one of several lawsuits filed against the videogame creator regarding the use of “emote” dance moves in its popular videogame Fortnite.[1] The Plaintiffs—two former University of … Continue reading Epic Games Obtains Early Win In Fortnite “Running Man” IP Lawsuit

Amidst A Pandemic, New York Quietly Implements Its Enhanced Data Security Law

Written by Susan Kohn Ross and Timothy Carter

While much attention and focus has rightly been placed on the California Consumer Privacy Act and the dramatic expansion of privacy rights for California residents that it heralds, a number of other states have quickly followed suit, working to strengthen their respective data security and privacy laws.  Signed into law on July 25, 2019 by Governor Andrew Cuomo, New York enacted the Stop Hacks and Improve Electronic Data Security Act (the “SHIELD Act” or the “Act”).  The SHIELD Act amends New York State’s data breach notification law, by broadening existing the state’s data breach notification requirements and requires covered businesses to have “reasonable” data security safeguards. Continue reading “Amidst A Pandemic, New York Quietly Implements Its Enhanced Data Security Law”

MSK Minute: Stephen Blaker Reviews Immigration Considerations for Reopening

In this video, MSK immigration attorney Stephen Blaker reviews the various process changes and travel restrictions that have been imposed by the federal immigration agencies in response to COVID-19. What impact could this have on your reopening plans? If you have any questions or would like to discuss further, please contact Stephen at s1b@msk.com. Continue reading MSK Minute: Stephen Blaker Reviews Immigration Considerations for Reopening