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
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
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
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
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
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?
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
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
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
In this video, MSK attorney Thea Rogers discusses the hot topic issues that employers should considering while preparing safe and compliant return-to-office plans. Continue reading MSK Minute: Thea Rogers Discusses Best Practices For Employers Preparing to Reopen the Workplace
MSK Blog 