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, Labor & Employment, MSK Blog

Of Trademark and Labor Law: Trader Joe’s Company v. Trader Joe’s United

Written by Rebecca Benyamin and Matt Mardesich On September 8, 2025, the United States Court of Appeals for the Ninth Circuit reinstated a trademark infringement claim and reversed the district court’s conclusion that the Norris-LaGuardia Act barred it from granting injunctive relief.  See Trader Joe’s Company v. Trader Joe’s United, — F.4th —, 2025 WL 2586674 (9th Cir. 2025). Trader Joe’s alleged that Trader Joe’s … Continue reading Of Trademark and Labor Law: Trader Joe’s Company v. Trader Joe’s United

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Labor & Employment

New California Supreme Court Case Provides Guidance to Employers Seeking to Rely on the “Good Faith Defense” to California Wage and Hour Violations

Written by Jeremy Mittman, Stephen Rossi and Sara Kim On August 21, 2025, the California Supreme Court unanimously held that the “good faith defense” to claims for liquidated damages for unpaid minimum wages requires proving that the employer “made an attempt to determine what the law required that was reasonable under the circumstances and a good faith effort to comply with the requirements of the … Continue reading New California Supreme Court Case Provides Guidance to Employers Seeking to Rely on the “Good Faith Defense” to California Wage and Hour Violations

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Labor & Employment

When HR Meets AI: California Issues New Employment AI Regulations

Written by Jeremy Mittman and Matt Mardesich     In recent years, employers have increasingly utilized artificial intelligence (“AI”) tools to assist with making various employment decisions, ranging from screening applicants during hiring to determining employee pay and schedules. While AI tools can lead to efficiency and cost-saving for employers, they also risk resulting in unintentional bias or discrimination if not properly administered.     To protect against such … Continue reading When HR Meets AI: California Issues New Employment AI Regulations

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Labor & Employment, MSK Blog

California Supreme Court Waters Down—But Does Not Extinguish—Harsh Arbitration Fee Law

Written by Jeremy Mittman and Nicholas Baltaxe     California Code of Civil Procedure section 1281.98 establishes that employers who draft and maintain arbitration agreements are responsible for paying fees and costs to an arbitrator, and must do so “within 30 days after the due date,” which is the date of the receipt of the invoice. See Cal. Code. Civ. Proc. § 1281.98, subds. (a)(1-2). … Continue reading California Supreme Court Waters Down—But Does Not Extinguish—Harsh Arbitration Fee Law

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Intellectual Property, MSK Blog

Hara v. Netflix, Inc.: Ninth Circuit Reaffirms Rogers Test for Expressive Works Post-Jack Daniel’s 

Written by Samantha Frankel On July 28, 2025, the Ninth Circuit affirmed dismissal of a Lanham Act false endorsement suit brought by drag performer Lance Hara (known professionally as Vicky Vox) against Netflix over an animated cameo in the comedy series Q-Force.  Vox alleged her animated likeness appeared without permission in a ten-second scene, an official teaser trailer, and a promotional still image.  Hara v. … Continue reading Hara v. Netflix, Inc.: Ninth Circuit Reaffirms Rogers Test for Expressive Works Post-Jack Daniel’s 

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Intellectual Property

Yes, Virtual Goods Are Still Goods for Trademark Purposes

Written by Bryse Thornwell On July 23, 2025, in a significant update for the evolving intersection of intellectual property and blockchain technology, the United States Court of Appeals for the Ninth Circuit issued a unanimous opinion affirming critical trademark principles as they apply to non-fungible tokens (“NFTs”) and digital assets. See Yuga Labs, Inc. v. Ripps, et al, Case No. 24-879.[1] The opinion, written by … Continue reading Yes, Virtual Goods Are Still Goods for Trademark Purposes

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Estate Planning, Tax, Trusts & Estates

Estate and Gift Tax Impact of the “One Big Beautiful Bill”

Written by Jeffrey K. Eisen On July 4, 2025, President Trump signed the “One Big Beautiful Act” into law.  Of its 870 pages and its massive impact on virtually all Americans, only one provision (on page 227) affects the estate tax, gift tax and Generation-Skipping Transfer (GST) tax, but it is a very important one. What Changed?          For deaths occurring, or gifts made, on or … Continue reading Estate and Gift Tax Impact of the “One Big Beautiful Bill”

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International Trade, Regulatory

Update on Reciprocal Tariffs: Deadline Extended, New Rates Announced

Written by Susan Kohn Ross The reciprocal tariffs deadline has been extended to August 1, 2025. See here for the related Executive Order.  Yesterday, information about the letters sent to several countries was also made public – the rates and countries are as follows: 1. Japan: 25% on all Japanese products sent to U.S.2. South Korea: 25%3. Tunisia: 25%4. Malaysia: 25%5. Kazakhstan: 25%6. South Africa: 30%7. Bosnia … Continue reading Update on Reciprocal Tariffs: Deadline Extended, New Rates Announced

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Intellectual Property

Gone in (Far More Than) 60 Seconds: Ninth Circuit Holds That Ford Mustangs Known as “Eleanor” Are Not Entitled to Copyright Protection

Written by Alex Anfuso and Eleanor M. Lackman In Carroll Shelby Licensing v. Halicki, No. 23-4008 (May 27, 2025), the Ninth Circuit recently weighed in again on the scope of copyright protection for characters, denying protection to a series of Ford Mustangs called “Eleanor.”  The cars appeared, in varying forms, in four separate films between 1974 and 2000.   Eleanor first appeared in the original … Continue reading Gone in (Far More Than) 60 Seconds: Ninth Circuit Holds That Ford Mustangs Known as “Eleanor” Are Not Entitled to Copyright Protection

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Intellectual Property

The Copyright Office Report on AI and Fair Use: A Generative Controversy

Written by James D. Berkley Amidst a level of intrigue rare to the Library of Congress and U.S. Copyright Office, on Friday, May 9, the Copyright Office released a detailed 108-page report containing its most extended discussion of how copyright law applies to the so-called “training” of generative artificial intelligence (better known as “generative AI”). Generative AI is the rapidly developing field exemplified by products … Continue reading The Copyright Office Report on AI and Fair Use: A Generative Controversy

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