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.
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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Intellectual Property

Deepfakes and Rights for the Dead: New York Adds a Post Mortem Publicity Right and Penalizes Sexually Explicit Deepfakes

Written by Timothy M. Carter On Monday, November 30, 2020, New York Governor Andrew Cuomo signed into law legislation (S5959D / A.5605-C, which we’ll refer to as the “Statute”) establishing, among other things, a new post-mortem “right of publicity.”  We explain here the key points to know about the new law. New York’s new post-mortem right is similar to the existing right of publicity protections … Continue reading Deepfakes and Rights for the Dead: New York Adds a Post Mortem Publicity Right and Penalizes Sexually Explicit Deepfakes

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COVID-19, Labor & Employment

More COVID-19 Rules for California Employers: Cal-OSHA’s Emergency COVID-19 Safety Regulations Take Effect

Written by Jeremy Mittman and Thea Rogers On November 30, 2020, Cal-OSHA’s proposed temporary emergency COVID-19 safety regulations were approved, and went into effect (currently through October 2, 2021).   Helpful FAQ’s have also been published, with more on their way.  Broad Application to Employers These temporary regulations are applicable to all employers and places of employment in California, with the following exceptions: (1) those places … Continue reading More COVID-19 Rules for California Employers: Cal-OSHA’s Emergency COVID-19 Safety Regulations Take Effect

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COVID-19

Do You Operate a Los Angeles-Based Office? Work in One? Read This – Especially if your business is considered essential!

Written by Susan Kohn Ross and Thea Rogers As most everyone is by now aware, Los Angeles officials, both at the County and City level, have issued additional COVID-related restrictions on almost all industries, such that everyone living and/or working in L.A. is now operating in lockdown “Round 2” and is being told to basically – just stay home!  A question we have repeatedly received … Continue reading Do You Operate a Los Angeles-Based Office? Work in One? Read This – Especially if your business is considered essential!

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COVID-19

New Virus Orders – More Restrictions

Written by Susan Kohn Ross The most recent order by the State of California of widespread impact was issued on November 19, 2020 and was discussed here. It was followed on the 25th by one dealing with outdoor operations only. Responding to the earlier statewide order, various counties and cities have now issued their own orders, all further restricting permitted activities. One helpful point is … Continue reading New Virus Orders – More Restrictions

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Intellectual Property

Producers of Hustlers Hustle Up a Win in Lawsuit: SDNY Dismisses Claims for Invasion of Privacy and Defamation in Barbash v. STX Financing

Written by Leo M. Lichtman Earlier this month, the Southern District of New York gave its stamp of approval to the hit film Hustlers, when it dismissed an action for invasion of privacy and defamation brought by Samantha Barbash, the real-life ringleader of an illegal conspiracy that influenced the film.  In its order of dismissal, the court provided important guidance on New York’s invasion of … Continue reading Producers of Hustlers Hustle Up a Win in Lawsuit: SDNY Dismisses Claims for Invasion of Privacy and Defamation in Barbash v. STX Financing

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COVID-19

Can We Or Can’t We – Operate, That Is!

Written by Susan Kohn Ross and Thea Rogers The State of California issued a new stay at home order on November 19, 2020, in advance of the Thanksgiving holiday and some degree of tumult has ensued.  This latest order supersedes the one we covered last week, which you can see here.  As much as 94% of the State is in the most restrictive or purple … Continue reading Can We Or Can’t We – Operate, That Is!

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COVID-19

California Tightens COVID Restrictions

Written by Susan Kohn Ross California Governor Newsom and State public health officials announced significant changes to COVID restrictions, effective November 17, 2020, as the rise in virus-related illnesses and deaths skyrockets. Specifically, California employs a color-coded tier system with the severity of the virus outbreak dictating into which tier a county falls, affecting the extent to which businesses may operate. The color coding is … Continue reading California Tightens COVID Restrictions

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