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

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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International Trade, Regulatory

U.S. Trade Rep. Actions re Existing 301 Exclusions

Written by Susan Kohn Ross On May 30, 2024, the USTR published in the Federal Register its decisions regarding the existing China 301 tariffs. See here. There are four (4) annexes to consider. Annexes A and B list products where the extension will be extended to June 14, 2024 and expire thereafter. Annex C products will be extended to May 31, 2025, and Annex D … Continue reading U.S. Trade Rep. Actions re Existing 301 Exclusions

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International Trade, Regulatory

China 301 Tariff Update

Written by Su Ross When the USTR Report was published, the question was when will the official Federal Register notice appear?  We now know it is May 28, 2024 and can be found here. What we also know is USTR has invited comments from interested parties which are due no later than June 28, 2024. The Federal Register notice starts on Page 46252.  The relevant … Continue reading China 301 Tariff Update

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Labor & Employment

California Supreme Court Issues A Rare “Employer Friendly” Decision Concerning Employee Wage Statements

Written by Gary M. McLaughlin, Jeremy Mittman, and Sandra Hanian Earlier this month, the California Supreme Court unanimously held in Naranjo v. Spectrum Security Services, Inc. that an employer’s good-faith belief that it provided complete and accurate wage statements bars statutory penalties for a knowing and intentional failure to comply with wage statement requirements under California Labor Code Section 226. Background Gustavo Naranjo worked as a … Continue reading California Supreme Court Issues A Rare “Employer Friendly” Decision Concerning Employee Wage Statements

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artificial intelligence

Colorado Adopts Comprehensive AI Act Imposing Broad Disclosure Requirements

Written by Stacey Chuvaieva On May 17, Colorado Governor Jared Polis signed into law a comprehensive AI bill, SB205, titled “Concerning Consumer Protections In Interactions With Artificial Intelligence Systems” (“AI Act”). The new law imposes new regulations and extensive disclosure requirements upon those who develop and deploy “high risk artificial intelligence systems.” The AI Act will go into effect on Feb. 1, 2026. Applicability. Just … Continue reading Colorado Adopts Comprehensive AI Act Imposing Broad Disclosure Requirements

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Charitable Organizations, Trusts & Estates

Understanding UPMIFA: Fiduciary Issues with Mission-Related Investing

Written by David Wheeler Newman The Uniform Prudent Management of Institutional Funds Act (UPMIFA), adopted in 49 states, provides guidance to charitable organizations concerning the management and investment of charitable funds. Prior posts (Understanding UPMIFA: Delegation of Management and Investment of Endowment Funds and Understanding UPMIFA: Important Endowment Concepts) focused on UPMIFA standards for determining the endowment spending rate and rules for delegation of management … Continue reading Understanding UPMIFA: Fiduciary Issues with Mission-Related Investing

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Intellectual Property

Assuming, But Not Deciding, That a Discovery Rule Exists, SCOTUS Rejects Three-Year Limit on Copyright Damages

Written by Samantha W. Frankel On May 9, 2024, the U.S. Supreme Court issued a 6-3 ruling in Warner Chappell Music, Inc. v. Nealy, No. 22-1078, 601 U.S. —-, 2024 WL 2061137 (U.S. May 9, 2024), resolving a circuit split over whether copyright law’s three-year statute of limitations bars a plaintiff from recovering all monetary damages suffered from inception even though the plaintiff discovered the … Continue reading Assuming, But Not Deciding, That a Discovery Rule Exists, SCOTUS Rejects Three-Year Limit on Copyright Damages

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