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

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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Labor & Employment

California Enacts New Employee Reproductive Loss Leave Law For 2024

Written by Jeremy Mittman and Thea E. Rogers California Governor Newsom recently signed into law a new law allowing for “reproductive loss leave” (SB 848) which will permit eligible employees to take up to five days of unpaid leave following a “reproductive loss event.”  SB 848 becomes effective on January 1, 2024.   Overview of the California’s Newest Leave Law Given that the law was … Continue reading California Enacts New Employee Reproductive Loss Leave Law For 2024

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Corporate

SEC Approves Changes to Beneficial Ownership Reporting

Written by Blake Baron and Gabriel Miranda On October 10, 2023, the U.S. Securities and Exchange Commission (SEC) approved amendments to shorten the deadlines for initial and amended beneficial reports filed on Schedules 13D and 13G under the Exchange Act of 1934, as amended, among other changes, which incorporates concerns and considerations raised by comments in response to the initial proposed amendments.[1] In an effort … Continue reading SEC Approves Changes to Beneficial Ownership Reporting

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Labor & Employment

California Expands Paid Sick Leave Law, Increases Annual Leave Amount

Written by Jeremy Mittman and Thea Rogers Beginning on January 1, 2024, the amount of annual paid sick leave California employers must provide to employees in the State will increase, depending on the type of sick leave policy an employer utilizes.  This upcoming change is a result of Governor Newsom signing Senate Bill 616 (“SB 616”), an amendment to California’s Healthy Workplaces, Healthy Families Act, … Continue reading California Expands Paid Sick Leave Law, Increases Annual Leave Amount

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Immigration

US Adds Israel to Visa Waiver Program/ESTA

Written by David Rugendorf Through a September 27, 2023 joint announcement from the Departments of State and Homeland Security, the US government has added Israel to the Visa Waiver Program (VWP), also commonly known as ESTA (Electronic System for Travel Authorization). Citizens and nationals of Israel may soon travel to the United States for tourism or business purposes for up to 90 days without a … Continue reading US Adds Israel to Visa Waiver Program/ESTA

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Intellectual Property

Better Call Saul Receives ‘Sweet Liberty’ From Trademark Suit

Written by Ian Logan On September 25, 2023, the U.S. District Court for the Southern District of New York issued an opinion and order in JTH Tax LLC v. AMC Networks Inc., et al., Case No. 22-cv-06526, ECF No. 44 (S.D.N.Y. Sept. 25, 2023), granting Defendants AMC Networks Inc. (“AMC”) and Sony Pictures Television Inc.’s (“Sony”) motion to dismiss. Applying the test originally set forth … Continue reading Better Call Saul Receives ‘Sweet Liberty’ From Trademark Suit

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Intellectual Property

Of Artificial Intelligence and Untidy Facts: Federal District Court Denies Summary Judgment in AI Copyright Case

Written by Robert H. Rotstein and Eleanor M. Lackman On September 25, 2023, Judge Stephanos Bibas of the U.S. Court of Appeals for the Third Circuit, sitting by designation in the District of Delaware, issued an opinion addressing the potential liability of an artificial intelligence startup for training its program using a copyrighted database.  Thomson Reuters Enterprise Centre Gmbh, et al. v. Ross Intelligence Inc., … Continue reading Of Artificial Intelligence and Untidy Facts: Federal District Court Denies Summary Judgment in AI Copyright Case

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