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

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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Trusts & Estates, Tax

Proposition 19 Set to End Major Property Tax Exemption

Written by Rachel Ronca Proposition 19 will essentially end your ability to transfer real estate to your children free of property tax reassessment.[1]  If you have a legacy property that you intend to pass to the next generation (regardless of whether it is your home, or it is a rental, commercial or industrial property), you must act quickly. Generally, when real estate changes ownership, the property … Continue reading Proposition 19 Set to End Major Property Tax Exemption

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Labor & Employment

California to Require Employers to Annually Submit Pay Data to DFEH

Written by Jeremy Mittman and Thea Rogers California Governor Gavin Newsom recently signed into law Senate Bill (SB) 973, a requirement that private employers of 100 or more employees report to the Department of Fair Employment and Housing (DFEH) pay and hours-worked data by job category, sex, race and ethnicity by March 31, 2021.  Subsequent pay data reports must be filed annually. SB 973 is … Continue reading California to Require Employers to Annually Submit Pay Data to DFEH

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Immigration, Labor & Employment, Videos

From Players to Promoters: The People of Esports

In this webinar video, MSK attorneys Jeremy Mittman and Jaclyn Granet are joined by Andrew Cooke, General Counsel at Fnatic (one of the leading teams in esports globally), as the three of them discuss issues, interests and opportunities in this exciting and fast-growing industry. Specifically, they address audience engagement, trends in various platforms and especially during the COVID-19 pandemic, revenues, important labor and employment issues … Continue reading From Players to Promoters: The People of Esports

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Corporate

Proposed Rule Provides More Access to Capital for Businesses by Exempting Certain “Finders” from SEC Registration

Written by Mark Hiraide and Travis Jeffries Ever since the enactment of the Securities Exchange Act of 1934 (the “Exchange Act”), the practice of compensating a so-called “finder” of investors has been risky – it exposed both the finder and the company to whom the finder introduced investors to draconian rescission liability, unless the finder was registered as a broker with the U.S. Securities and … Continue reading Proposed Rule Provides More Access to Capital for Businesses by Exempting Certain “Finders” from SEC Registration

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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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