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

Ready, Set, Vlog!  New California Laws Protect the Rights of Child Vloggers

Written by Jeremy Mittman and Eric Engelman A pair of new California laws (AB 1880 and SB 764) will go into effect on January 1, 2025 and together greatly expand the protections that apply to child vloggers in California. AB 1880 is meant to curb the potential abuse and exploitation of child vloggers by expanding California’s “Coogan Law” (as further explained below) to now include … Continue reading Ready, Set, Vlog!  New California Laws Protect the Rights of Child Vloggers

Unknown's avatarmskllpLeave a comment
Corporate

Understanding the Corporate Transparency Act

As of January 1, 2024, significant new reporting requirements have come into effect with the Corporate Transparency Act (the “CTA”). In general, the CTA is a new federal law that requires most US-based entities, and certain foreign entities (collectively, “Reporting Companies”), to report detailed information about their “Beneficial Owners” and “Company Applicants” to the Financial Crimes Enforcement Network (“FinCEN”), a bureau of the US Department … Continue reading Understanding the Corporate Transparency Act

Unknown's avatarmskllpLeave a comment
Labor & Employment

PAGA: The Next Generation: Recently Published FAQs Clarify New Legislative Changes

Written by Jeremy Mittman and Wei Kit (Ricky) Tai With the recent legislative reform to the California Private Attorneys General Act (“PAGA”), the California Department of Industrial Relations (“DIR”) has published a set of helpful Frequently Asked Questions (“FAQs) breaking down some of the key changes to the law for employers.   The pertinent changes noted in the FAQs include: While the FAQs do not … Continue reading PAGA: The Next Generation: Recently Published FAQs Clarify New Legislative Changes

Unknown's avatarmskllpLeave a comment
MSK Blog

Heckman v. Live Nation: Ninth Circuit Hold Mass Arbitration Clause to Be Unconscionable

Written by Karin Pagnanelli and Stacey Chuvaieva Earlier last week, the Ninth Circuit affirmed a District Court’s decision in Heckman v. Live Nation Entertainment Inc., finding that the delegation clause of Ticketmaster’s arbitration agreement is unconscionable, that the arbitration agreement as a whole is unconscionable, and that the application of California’s unconscionability law is not preempted by the Federal Arbitration Act (FAA). This ruling carries significant … Continue reading Heckman v. Live Nation: Ninth Circuit Hold Mass Arbitration Clause to Be Unconscionable

Unknown's avatarmskllpLeave a comment
Intellectual Property

“Conquesting” Lawsuit Is No Conquest for Trademark Plaintiff

Written by Skyler M. Terrebonne On October 22, 2024, the U.S. Court of Appeals for the Ninth Circuit Court delivered the latest word on whether the practice of “keyword advertising,” and in particular the strategy of “conquesting,” constitutes trademark infringement. Keyword advertising is an advertising strategy wherein a company bids on a Google Ads keyword, so that an advertisement for its business will appear near the top … Continue reading “Conquesting” Lawsuit Is No Conquest for Trademark Plaintiff

Unknown's avatarmskllpLeave a comment
Labor & Employment

New California Law Imposes Requirements on Contracts with Freelance Workers

Written by Jeremy Mittman and Matt J. Mardesich As readers of this blog are likely aware, California generally uses a three-part test, known as the ABC test, to determine whether workers are classified as employees or independent contractors under the Wage Orders and California Labor Code. However, a notable exception exists for contracts for “professional services” as defined by Labor Code Section 2778, and assuming a multi-part … Continue reading New California Law Imposes Requirements on Contracts with Freelance Workers

Unknown's avatarmskllpLeave a comment
Labor & Employment

Recent California Law Clarifies Loan-Out Companies Are Lawful 

Written by Anthony J. Amendola and Matt J. Mardesich Many artists in the motion picture industry choose to provide their services through personal services corporations or similar entities generally known as “loan-out” companies.  When a recipient of the talent’s services (e.g., a producer or other industry employer) engages talent in this manner, the “loan-out” company serves as the artist’s “general” (on-going) employer and “lends” the … Continue reading Recent California Law Clarifies Loan-Out Companies Are Lawful 

Unknown's avatarmskllpLeave a comment
Labor & Employment

California Eliminates Employers’ Ability to Require Employees to Take Vacation Before Receiving Paid Family Leave Benefits

Written by Jeremy Mittman and Diana M. Martinez On September 29, 2024, Governor Gavin Newsom signed into law AB 2123 to change California’s state sponsored paid family leave (PFL) program.  As part of the PFL program, eligible employees receive wage replacement benefits while taking time off for several reasons such as taking care of a seriously ill family member or bonding with a minor child … Continue reading California Eliminates Employers’ Ability to Require Employees to Take Vacation Before Receiving Paid Family Leave Benefits

Unknown's avatarmskllpLeave a comment
Intellectual Property

Not Just Your Neighborhood Library: Second Circuit Rejects Argument that Internet Archive’s E-book Database Is Fair Use

Written by Robert Rotstein On September 4, 2024, in Hachette Book Group, Inc., et al. v. Internet Archive, the U.S. Court of Appeals for the Second Circuit affirmed a ruling that a defendant that has created a massive database of copyrighted print books and allows users to access the books for free cannot rely on the copyright law’s fair use defense, 17 U.S.C. §107, to … Continue reading Not Just Your Neighborhood Library: Second Circuit Rejects Argument that Internet Archive’s E-book Database Is Fair Use

Unknown's avatarmskllpLeave a comment
Intellectual Property

Punchbowl, Inc. v. AJ Press: A Trademark Defendant Prevails Post-Jack Daniel’s

Written by Constance Kang Punchbowl, Inc. v. AJ Press is one of the first rulings to grapple with an infringement case following the U.S. Supreme Court’s recent limitation of the applicability of a First Amendment-based defense in Jack Daniel’s Properties v. VIP Products LLC.  The opinion, issued in the case last week upon remand after the Ninth Circuit’s reading of Jack Daniel’s, not only held … Continue reading Punchbowl, Inc. v. AJ Press: A Trademark Defendant Prevails Post-Jack Daniel’s

Unknown's avatarmskllpLeave a comment