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.
Immigration

USCIS to Begin Accepting Online Filings of Employment-Based Nonimmigrant Petitions

Written by Frida P. Glucoft and Jason A. Farkas On January 12, 2024, after years of anticipation, the United States Citizenship and Immigration Services (USCIS) announced and unveiled long awaited enhancements to its existing online filing capabilities.  At long last, and for the first time, the USCIS will begin accepting online filings of employment-based nonimmigrant petitions. The catch (and there are several): rollout begins just … Continue reading USCIS to Begin Accepting Online Filings of Employment-Based Nonimmigrant Petitions

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Immigration, MSK Blog

Department of State Pilot Program – Limited Stateside H-1B Visa Renewal

Written by Brian Fu Between January 29, 2024 and April 1, 2024, the Department of State will relaunch a Stateside Visa Renewal Program for limited H-1B visa applicants to apply for a visa renewal within the United States instead of with a U.S. consular post abroad. Each week, 2,000 online application spots will be released, and the online portal will automatically lock once the limits … Continue reading Department of State Pilot Program – Limited Stateside H-1B Visa Renewal

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Intellectual Property

Not-So-Starry Night for Copyright Applicant: Copyright Office Again Refuses To Register an AI-Generated Image

Written by Mark C. Humphrey On December 11, 2023, the U.S. Copyright Office’s Review Board rejected Ankit Sahni’s request for reconsideration of the Copyright Office’s earlier refusal to register an image created using generative AI. The Office found that the image was created using generative AI software and lacked sufficient human authorship to support registration. This is at least the fourth documented rejection on these … Continue reading Not-So-Starry Night for Copyright Applicant: Copyright Office Again Refuses To Register an AI-Generated Image

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Corporate

Corporate Transparency Act Goes Effective January 1, 2024

Written by Anthony A. Adler and Mark T. Hiraide Beginning January 1, 2024, a new federal law will require most newly formed business entities to report information to the U.S. government about who ultimately owns and controls them. Business entities formed prior to January 1, 2024 that are not “large operating companies,” and do not fall under another exemption, will have one year to file … Continue reading Corporate Transparency Act Goes Effective January 1, 2024

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Intellectual Property

In Hazy World of AI Law, Judicial Skepticism of AI Output Infringement Claims Continues to Take Shape

Written by Stacey Chuvaieva and Mark Humphrey In a concise order, District Judge Vince Chhabria of the U.S. District Court for the Northern District of California dismissed several claims set forth in comedian and author Sarah Silverman’s class action copyright infringement lawsuit against Meta Platforms. Inc., captioned as Richard Kadrey, et al. v. Meta Platforms, Inc., No. 23-CV-03417-VC, 2023 WL 8039640 (N.D. Cal. Nov. 20, … Continue reading In Hazy World of AI Law, Judicial Skepticism of AI Output Infringement Claims Continues to Take Shape

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Intellectual Property

No Dancing Around Reversal in Copyright Choreography Case

Written by Brandon E. Hughes In 2022, Choreographer Kyle Hanagami (“Hanagami”) brought suit against video game developer and publisher Epic Games, Inc. (“Epic”), claiming that a virtual animation – known as an “emote” – that Epic sold as downloadable content for its game Fortnite infringed Hanagami’s registered copyright in one of his choreographic works. In August 2022, the United States District Court for the Central … Continue reading No Dancing Around Reversal in Copyright Choreography Case

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Labor & Employment

It Takes Two To Make a Rule Go Right (?): NLRB Unveils New Joint Employer Test

Written by Jonathan Turner and Eric Engelman The New NLRB Joint Employer Test The National Labor Relations Board (“NLRB”) recently unveiled a final rule creating a new joint employer test under the National Labor Relations Act (“NLRA”). The new rule creates a lower threshold to make it easier for two or more employers to be considered “joint employers” under the NLRA. This is the latest … Continue reading It Takes Two To Make a Rule Go Right (?): NLRB Unveils New Joint Employer Test

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Intellectual Property

Federal Judge Largely Dismissive of AI Complaint: Anderson v. Stability AI

Written by Stacey Chuvaieva Earlier this year, three artists filed a putative class action, on behalf of themselves and other artists, alleging that Stability AI Ltd., Stability AI, Inc., Midjourney, Inc., and DeviantArt, Inc. had infringed copyrights in their artwork via Defendants’ generative artificial intelligence software. Plaintiffs challenged Stability AI’s creation of the Stable Diffusion software, alleging that Stable Diffusion was “trained” on their works … Continue reading Federal Judge Largely Dismissive of AI Complaint: Anderson v. Stability AI

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Intellectual Property

Analogous Use Saves the Day for Comic Book Character Trademark

Written by Eleanor M. Lackman and Bryse K. Thornwell In Cosmic Crusaders LLC v. Andrusiek, No. 23-1150 (Fed. Cir. Oct. 19, 2023), a case involving comic book characters and trademark rights, the U.S. Court of Appeals for the Federal Circuit explored the application of the “prior use” element of a trademark likelihood of confusion claim under Section 2(d) of the Lanham Act. The court placed … Continue reading Analogous Use Saves the Day for Comic Book Character Trademark

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Labor & Employment

California Doubles Down on Its Longstanding Hostility Against Noncompete Agreements

Written by Gary McLaughlin and Sandra Hanian While California has long prohibited noncompete agreements (subject to narrow exceptions), two California bills recently signed into law expand the scope of the State’s policy against these restrictive covenants.  On September 1, 2023 and October 13, 2023, Governor Gavin Newsom signed Senate Bill 699 and Assembly Bill 1076, respectively, two new laws that strengthen the State’s prohibition on noncompetes … Continue reading California Doubles Down on Its Longstanding Hostility Against Noncompete Agreements

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