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.
Intellectual Property

‘Big Litigants Don’t Cry’: Ninth Circuit Finds That Musical About Four Seasons Used Only Unprotected Facts

Written by Timothy M. Carter On September 8, 2020 in Corbello v. Valli, the Ninth Circuit reaffirmed the principle that copyright law does not protect facts and that authors who characterize their statements as fact are estopped from claiming that the statements were actually fiction.  974 F.3d 965 (9th Cir. 2020).  The Court’s opinion reaffirms basic principles that have not recently come up in Ninth … Continue reading ‘Big Litigants Don’t Cry’: Ninth Circuit Finds That Musical About Four Seasons Used Only Unprotected Facts

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Labor & Employment

California Family Rights Act: Big Changes Ahead!

Written by Jeremy Mittman and Adé Jackson OVERVIEW There are changes on the horizon to California’s Family Rights Act (CFRA) as a result of Senate Bill 1383 that all employers need to be aware of.  Under CFRA, covered employers must provide up to 12 weeks of unpaid leave during each 12-month period for purposes of family and medical leave. Governor Newsom recently signed SB 1383, … Continue reading California Family Rights Act: Big Changes Ahead!

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Labor & Employment

Independent Contractor or Employee? With Recent Amendments to California’s AB 5 Law, The Battle Continues

Written by Jeremy Mittman and Adé Jackson  Earlier this month Governor Newsom signed AB 2257, which was the culmination of a furious lobbying effort by specific industries (only some of which were successful) to amend California’s new independent contractor law (also known as “AB 5”). It was also considered a “cleanup” bill to tinker around the edges of the law’s requirements.  Much of the controversy … Continue reading Independent Contractor or Employee? With Recent Amendments to California’s AB 5 Law, The Battle Continues

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COVID-19, Labor & Employment

COVID-19 Workplace Outbreaks in California: Now Covered by Workers’ Compensation and Subject to Detailed Employee and Health Department Notification Obligations

Written by Jeremy Mittman and Tiana Bey On September 17, 2020, Governor Gavin Newsom signed two laws designed to protect California workers exposed or potentially exposed to COVID-19 at the workplace: Senate Bill (“SB”) 1159 and Assembly Bill (“AB”) 685. Workers’ Compensation for COVID-19 Under SB 1159, California established a new rebuttable presumption that requires employers to treat a COVID-19 related illness or death of an employee as a workplace injury … Continue reading COVID-19 Workplace Outbreaks in California: Now Covered by Workers’ Compensation and Subject to Detailed Employee and Health Department Notification Obligations

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International Trade, Regulatory

China 301 Duty Refunds – What Is Next?

Written by Susan Kohn Ross There are conflicting opinions as to when the deadline (called the statute of limitations) expires to file a complaint at the Court of International Trade and seek refunds on any China 301 List 3 duties which were paid. We know the statute of limitations is two years – but when does it start? Some argue the statute expired on Friday, … Continue reading China 301 Duty Refunds – What Is Next?

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COVID-19, Labor & Employment

COVID Continuation: California Expands Supplemental Paid Sick Leave Coverage for Employers With Over 500 Employees

Written by Jeremy Mittman and Stephen Franz On September 9, 2020, Governor Gavin Newsom signed Assembly Bill (“AB”) 1867.  AB 1867 amends the Labor Code and requires, among other things, that private employers with 500 or more workers (i.e. those that are excluded from the Families First Coronavirus Response Act) provide COVID-19 supplemental paid sick leave beginning September 19, 2020.  The Purpose of AB 1867: … Continue reading COVID Continuation: California Expands Supplemental Paid Sick Leave Coverage for Employers With Over 500 Employees

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COVID-19, Labor & Employment, Videos

MSK Minute: Stephen Franz Discusses Back-to-School Questions Related to the FFCRA

As kids begin returning to school in person, virtually or on a hybrid schedule, new questions regarding an employee’s eligibility for paid leave under the Families First Coronavirus Response Act (FFCRA) are emerging. In this video, MSK attorney Stephen Franz addresses these questions and more. Continue reading MSK Minute: Stephen Franz Discusses Back-to-School Questions Related to the FFCRA

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Tax

Temporary Deferral of Employee Social Security Tax Withholding: Is It Really Worth It?

Written by Jeffrey Davine The Executive Order. On August 8, 2020, in response to the negative effects of the COVID-19 pandemic on America’s economy, President Trump issued an executive order permitting employers to defer the withholding and remittance of the employee’s share of the 6.2% Social Security (FICA) tax that is required when wages or salary are paid during the period September 1, 2020 through … Continue reading Temporary Deferral of Employee Social Security Tax Withholding: Is It Really Worth It?

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Immigration

USCIS Announces New Fees: What Employers Need to Know

Written by Benjamin Lau The United States Citizenship and Immigration Services (USCIS) recently announced that it is implementing a new filing fee schedule that will take effect on October 2, 2020. USCIS is also revising numerous key employment-based immigration forms, such as new editions of the Form I-129 nonimmigrant worker petition for H-1B, L-1, O-1 and other nonimmigrant categories. The new forms are not currently … Continue reading USCIS Announces New Fees: What Employers Need to Know

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COVID-19, Videos

Relationship Counseling (Wellness Wherever)

Each video in our Wellness Wherever series is designed to bring wellness into your home or wherever life takes you during these unprecedented times. COVID has families and couples cooped up at home, which creates strain on relationships. Here, you can learn directly from intimacy experts Marla Mattenson and Julian Colker about ways to maintain healthy relationships and balance life during moments of stress. Here … Continue reading Relationship Counseling (Wellness Wherever)

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