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

Vetter v. Resnik: A Copyright Termination Opinion that Knows No Boundaries

Written by Eric J. Schwartz and Rebecca Benyamin For the first time, a federal court has held that termination rights under Section 304 of the Copyright Act of 1976 (17 U.S.C. § 304) re-capture not only U.S. copyright rights, but also foreign rights as well, where the original grant of rights was for “worldwide” rights. Vetter v. Resnik, No. 23-1369-SDD-EWD, 2024 WL 3405556 (D. La. … Continue reading Vetter v. Resnik: A Copyright Termination Opinion that Knows No Boundaries

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Labor & Employment

SCOTUS’s Curbing of Federal Agency Actions – A Tool to Place Guardrails on the NLRB’s Recent Policies to Expand its Reach under the NLRA

Written by Jonathan Turner and Eric Engelman On June 27 and 28, 2024, the Supreme Court of the United States issued two separate opinions that have placed judicial restraints on the scope of powers exercised by federal agencies to interpret and enforce statutes they are charged to administer.  In its opinion in Loper Bright Enterprises v. Raimondo, the Court ended four decades of deference to … Continue reading SCOTUS’s Curbing of Federal Agency Actions – A Tool to Place Guardrails on the NLRB’s Recent Policies to Expand its Reach under the NLRA

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Labor & Employment

FTC’s Non-Compete Ban Faces Challenge in Texas Lawsuit As Enforcement is Put On Hold

Written by Jeremy Mittman Earlier this month, a federal judge in Texas issued a preliminary order against the Federal Trade Commission’s ban on non-compete agreements. Judge Ada Brown ruled in favor of Ryan LLC, a tax-services firm operating out of Dallas which utilizes non-compete agreements with its employees. Ryan LLC argued that the Federal Trade Commission (“FTC”) was overstepping its legal authority by attempting to … Continue reading FTC’s Non-Compete Ban Faces Challenge in Texas Lawsuit As Enforcement is Put On Hold

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Intellectual Property

Class Action Alleging Improper Appropriation of Individuals’ Likenesses Falls Within the Public Interest Exception to California’s Anti-SLAPP Statute

Written by Alexandra Anfuso In Batis v. Dun & Bradstreet Holdings, Inc., Case No. 23-15260, 2024 WL 3325663 (9th Cir,. July 8, 2024), the Ninth Circuit held that California’s anti-SLAPP provisions could not overcome a class action seeking to preclude the appropriation of individuals’ names and likenesses. Defendant Dun & Bradstreet Holdings, Inc. (“D&B”) operates a searchable business-to-business database called D&B Hoovers, which contains information … Continue reading Class Action Alleging Improper Appropriation of Individuals’ Likenesses Falls Within the Public Interest Exception to California’s Anti-SLAPP Statute

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Labor & Employment

Supreme Court Ruling Limits NLRB’s Ability to Obtain Preliminary Injunctions Against Employers

Written by Jonathan Turner and Eric D. Engelman In a closely watched case, the Supreme Court ruled against the National Labor Relations Board (“NLRB” or Board) and in favor of Starbucks on the question of what the NLRB must prove before it can obtain a preliminary injunction against employers prior to fully litigating allegations contained in an unfair labor practice complaint issued by the NLRB.  … Continue reading Supreme Court Ruling Limits NLRB’s Ability to Obtain Preliminary Injunctions Against Employers

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Labor & Employment

California Court Strikes Down Employer’s Arbitration Agreement, Causing Employers to Review Their Agreements for Compliance

Written by Jeremy Mittman and Aharon Kaslow On May 24, 2024, the California Court of Appeal held that USC’s arbitration agreement with its employee, Pamela Cook, was unenforceable.  USC requested that the court reconsider its decision, and on June 13, 2024, the Court of Appeal denied the request.  The decision in Cook v. USC, 102 Cal.App.5th 312 (2024), reh’g denied (June 13, 2024), has therefore … Continue reading California Court Strikes Down Employer’s Arbitration Agreement, Causing Employers to Review Their Agreements for Compliance

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Labor & Employment

PAGA: The Next Generation, Now In Wide Release for California Employers! 

Written by Jeremy Mittman and Ricky Tai It’s not very often that California enacts a labor law that is actually favorable to employers— but that very occasion happened this week, setting off early celebratory fireworks for California businesses.  On July 1, 2024, Governor Newsom signed into law significant reforms to the Private Attorneys General Act (“PAGA”), introduced under Assembly Bill 2288 and Senate Bill 92.  … Continue reading PAGA: The Next Generation, Now In Wide Release for California Employers! 

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Cybersecurity

Texas and Oregon’s Comprehensive Privacy Law Is Coming Into Effect: Time To Prepare For Enforcement Actions

Written by Susan Kohn Ross, Lucy Plovnick, and Stacey Chuvaieva On July 1, 2024, Texas and Oregon’s comprehensive data privacy laws took effect.  The Texas Data Privacy and Security Act (TDPSA) was signed into law on June 18, 2023. Most[1] of its obligations will go into effect on July 1 and will likely be vigorously enforced. The Oregon Consumer Data Privacy Act (OCDPA), signed into … Continue reading Texas and Oregon’s Comprehensive Privacy Law Is Coming Into Effect: Time To Prepare For Enforcement Actions

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Labor & Employment

EEOC Releases Guidance on Harassment in the Workplace Addressing Timely Topics

Written by Jeremy Mittman, Thea Rogers and Ricky Tai The U.S. Equal Employment Opportunity Commission (the “EEOC”) has recently released its final workplace harassment enforcement guidance, the “Enforcement Guidance on Harassment in the Workplace” (the “Guidance”). Employers should review their workplace anti-harassment policies and training in light of the recently issued Guidance, as well as the accompanying trio of companion documents (a key provisions summary, … Continue reading EEOC Releases Guidance on Harassment in the Workplace Addressing Timely Topics

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artificial intelligence, Labor & Employment

U.S. Department of Labor Issues Helpful Guidance on Employers’ Use of Artificial Intelligence in the Workplace

Written by Jeremy Mittman and Talya Seidman Cytryn Recently, the U.S. Department of Labor’s (DOL) Wage and Hour Division issued guidance on the application of federal labor standards to employers’ use of artificial intelligence (AI) and other automated systems in the workplace. Field Assistance Bulletin (FAB) No. 2024-1 warns employers that using these technologies can run afoul of the Fair Labor Standards Act (FLSA) and … Continue reading U.S. Department of Labor Issues Helpful Guidance on Employers’ Use of Artificial Intelligence in the Workplace

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