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

Ninth Circuit Permits Ashley Judd to Pursue Sexual Harassment Claim Against Harvey Weinstein Due to “Inherent Power Imbalance”

Written by Jeremy Mittman and Bethanie Thau Late last week, the Ninth Circuit reversed dismissal of actress Ashley Judd’s sexual harassment claim against producer and Miramax co-founder Harvey Weinstein.  Judd’s harassment claim alleges Weinstein derailed Judd’s potential casting in The Lord of the Rings films after she rebuffed his sexual advances during a hotel room business meeting early in Judd’s career.  The revived claim alleges … Continue reading Ninth Circuit Permits Ashley Judd to Pursue Sexual Harassment Claim Against Harvey Weinstein Due to “Inherent Power Imbalance”

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Estate Planning, Trusts & Estates

THE MAGIC HOUR FOR GRATs

Written by Lia Momtsios There are not many things to be thankful for during the time of COVID-19, but Grantor Retained Annuity Trusts (or “GRATs”) are one of them.  GRATs are a tax planning vehicle that allows the donor to transfer income-producing assets into a trust and out of his or her estate (thereby reducing or eliminating the imposition of estate tax upon death), while … Continue reading THE MAGIC HOUR FOR GRATs

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Intellectual Property

The Privilege to Speak One’s Mind: New York Broadens Its Anti-SLAPP Statute

Written by Timothy M. Carter The broad speech protections provided by the First Amendment are emblematic of a “profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide-open[.]”  New York Times v. Sullivan, 376 U.S. 254, 269–70 (1964).  While this unfettered commitment to free speech may shield a speaker from the chill of liability, practically speaking, it often … Continue reading The Privilege to Speak One’s Mind: New York Broadens Its Anti-SLAPP Statute

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Labor & Employment

TAKE THAT JOB AND SHOVE IT! NLRB ADOPTS NEW STANDARD FOR ADDRESSING OFFENSIVE STATEMENTS IN THE WORKPLACE

Written by Jeremy Mittman and Hilary Feybush Last week, the National Labor Relations Board (“Board”) issued a decision making it easier for employers to lawfully discipline or terminate employees who make abusive or offensive statements – including profane, racists, and sexually unacceptable remarks – in the course of activity that would otherwise fall under the protection of the National Labor Relations Act (“NLRA”).   In … Continue reading TAKE THAT JOB AND SHOVE IT! NLRB ADOPTS NEW STANDARD FOR ADDRESSING OFFENSIVE STATEMENTS IN THE WORKPLACE

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Labor & Employment

Come Fly The Friendly Skies? California Supreme Court Rules California Wage Laws Do Not Always Apply to Working In The Golden State

Written by Jeremy Mittman and Stephen Franz The California Supreme Court recently issued two companion decisions – Ward v. United Airlines, Inc. and Oman v. Delta Air Lines, Inc. – clarifying the application of certain California wage and hour laws to employees who may work both in and out of California during a single pay period. New Rule for Applying California’s Wage Statement and Timing-of-Payment … Continue reading Come Fly The Friendly Skies? California Supreme Court Rules California Wage Laws Do Not Always Apply to Working In The Golden State

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COVID-19, Regulatory, Videos

MSK Minute: California Reopening Stalls Under New Order

On Monday, July 14, California Governor Gavin Newsom ordered a halt to all indoor activities & operations at certain businesses statewide, as cases of COVID-19/coronavirus surge here in the country’s most populated state. What does this new order mean for your business? In this video, MSK attorneys Su Ross and Travis Jeffries examine a number of the issues and questions that employers should consider while … Continue reading MSK Minute: California Reopening Stalls Under New Order

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International Trade, Regulatory

Customs Broker Regulations Update – What Was CBP Thinking?

Written by Susan Kohn Ross For many months, the customs brokerage community has been expecting to see updates to the existing regulations. They finally came out in the Federal Register on June 5, 2020, see here. Comments are due on or before August 4, 2020. While much of what is in the proposed revisions is not controversial and fits nicely into CBP’s stated purpose to … Continue reading Customs Broker Regulations Update – What Was CBP Thinking?

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Intellectual Property

Trump v. Trump: Publisher is not an Agent of Author Subject to a Non-Disclosure Agreement

By Sofia Castillo On July 1, the Appellate Division of the State of New York Supreme Court issued a decision on whether an author’s non-disclosure agreement (NDA) binds a publisher and other similarly situated distributors. The decision allows publisher Simon & Schuster to proceed with the publication of Mary Trump’s book about her uncle, President Donald Trump, titled Too Much and Never Enough, How My … Continue reading Trump v. Trump: Publisher is not an Agent of Author Subject to a Non-Disclosure Agreement

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Trusts & Estates

Time to Make Gifts of California Real Property May be Running Out

Written by Rachel Ronca On November 3, 2020, Californians will vote on Proposition 19, the “Property Tax Transfers, Exemptions, and Revenue for Wildlife Agencies and Counties Amendment,” a measure that seeks to amend the California Constitution with respect to the current property tax system.  If the proposed constitutional amendment passes, it will significantly narrow one of the most commonly used exemptions from property tax reassessment: … Continue reading Time to Make Gifts of California Real Property May be Running Out

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Intellectual Property

SCOTUS Rejects Per Se Rule Against Trademark Protection for Generic.com Terms

Written by Eleanor M. Lackman and Samantha W. Frankel The U.S. Supreme Court has held that a generic word combined with “.com” is entitled to federal trademark registration if consumers perceive the combined mark as nongeneric.  United States Patent & Trademark Office v. Booking.com B. V., No. 19-46, 2020 WL 3518365 (U.S. June 30, 2020).  In an 8-1 decision, the Court held that because Booking.com … Continue reading SCOTUS Rejects Per Se Rule Against Trademark Protection for Generic.com Terms

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