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.
Labor & Employment

California’s Prop 22 Concerning “Gig Economy” Drivers Ruled Unconstitutional by California Court

Written by Jeremy Mittman The dust is nowhere near settled in the battle over independent contractors in California. In the latest development, a California Superior Court judge ruled last week that Proposition 22 is unconstitutional and unenforceable. Prop 22, which was passed by California voters last November, allows certain “gig economy” workers (app-based delivery and transportation drivers) to be classified as independent contractors instead of … Continue reading California’s Prop 22 Concerning “Gig Economy” Drivers Ruled Unconstitutional by California Court

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COVID-19, Labor & Employment

FDA Fully Approves Pfizer COVID-19 Vaccine, Removing Potential Hurdle to Mandatory Vaccination Policies

Written by Jeremy Mittman Employers can breathe a bit easier when considering whether or not to adopt a mandatory vaccination policy to apply to their workforces. On August 23, 2021, the Food and Drug Administration (FDA) granted the Pfizer COVID-19 vaccine full approval, elevating it from its previous Emergency Use Authorization (“EUA”) status. As most know by now, the Pfizer vaccine is the first of … Continue reading FDA Fully Approves Pfizer COVID-19 Vaccine, Removing Potential Hurdle to Mandatory Vaccination Policies

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Intellectual Property

Of Polar Bears and Copyrights: Southern District of New York Again Rejects the Server Test

Written by Leo Lichtman A polar bear is currently at the center of an important copyright dispute in the Southern District of New York in a case that could hold major implications over the scope of a copyright holder’s exclusive display rights.  See Nicklen v. Sinclair Broad. Grp., 2021 WL 3239510 (S.D.N.Y. July 30, 2021). The case was filed by Paul Nicklen, a nature photographer … Continue reading Of Polar Bears and Copyrights: Southern District of New York Again Rejects the Server Test

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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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