Category: MSK Blog

MSK Blog

Muddied Harbors: U.S. Supreme Court Holds That ISP Is Not Contributorily Liable for Its Users’ Infringement

Written by Robert Rotstein and Mark Humphrey Today, the United States Supreme Court decided Cox Communications, Inc. v. Sony Music Entertainment, No. 24–171, 607 U.S. ___ (2026), reversing a billion-dollar jury verdict against internet service provider Cox Communications (“Cox”). Justice Clarence Thomas, joined by six other justices, found that Cox was not a secondary copyright infringer merely because it provided a service with knowledge that … Continue reading Muddied Harbors: U.S. Supreme Court Holds That ISP Is Not Contributorily Liable for Its Users’ Infringement

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MSK Blog

New “Know Your Rights” Notice: What California Employers Should Know by February 1, 2026

Written by Jeremy Mittman and Debra Urteaga Under the recently passed “Workplace Know Your Rights Act,” all California employers must distribute a “Know Your Rights” Notice to their employees by February 1, 2026—and then must continue to do so annually and upon hire. The Notice provides employees with information regarding union rights, immigration-related rights, workers’ compensation information, and workplace protections, such as anti-retaliation. The Notice … Continue reading New “Know Your Rights” Notice: What California Employers Should Know by February 1, 2026

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MSK Blog

A Boxing Day Miracle:  Federal Court Grants National Labor Relations Board’s Requested Injunction Against California Assembly Bill 288

Written by Louis CannonMSK Client Alert January 5, 2026 In September 2025, California Governor Gavin Newsom signed into law Assembly Bill (“AB”) 288, a law that purports to expand the authority of the California Public Employment Relations Board (“PERB”) to also exercise jurisdiction over private sector employers in situations where the National Labor Relations Board (“NLRB”) either cannot act or is not acting expeditiously. Specifically, AB … Continue reading A Boxing Day Miracle:  Federal Court Grants National Labor Relations Board’s Requested Injunction Against California Assembly Bill 288

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Intellectual Property, Labor & Employment, MSK Blog

Of Trademark and Labor Law: Trader Joe’s Company v. Trader Joe’s United

Written by Rebecca Benyamin and Matt Mardesich On September 8, 2025, the United States Court of Appeals for the Ninth Circuit reinstated a trademark infringement claim and reversed the district court’s conclusion that the Norris-LaGuardia Act barred it from granting injunctive relief.  See Trader Joe’s Company v. Trader Joe’s United, — F.4th —, 2025 WL 2586674 (9th Cir. 2025). Trader Joe’s alleged that Trader Joe’s … Continue reading Of Trademark and Labor Law: Trader Joe’s Company v. Trader Joe’s United

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Labor & Employment, MSK Blog

California Supreme Court Waters Down—But Does Not Extinguish—Harsh Arbitration Fee Law

Written by Jeremy Mittman and Nicholas Baltaxe     California Code of Civil Procedure section 1281.98 establishes that employers who draft and maintain arbitration agreements are responsible for paying fees and costs to an arbitrator, and must do so “within 30 days after the due date,” which is the date of the receipt of the invoice. See Cal. Code. Civ. Proc. § 1281.98, subds. (a)(1-2). … Continue reading California Supreme Court Waters Down—But Does Not Extinguish—Harsh Arbitration Fee Law

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Intellectual Property, MSK Blog

Hara v. Netflix, Inc.: Ninth Circuit Reaffirms Rogers Test for Expressive Works Post-Jack Daniel’s 

Written by Samantha Frankel On July 28, 2025, the Ninth Circuit affirmed dismissal of a Lanham Act false endorsement suit brought by drag performer Lance Hara (known professionally as Vicky Vox) against Netflix over an animated cameo in the comedy series Q-Force.  Vox alleged her animated likeness appeared without permission in a ten-second scene, an official teaser trailer, and a promotional still image.  Hara v. … Continue reading Hara v. Netflix, Inc.: Ninth Circuit Reaffirms Rogers Test for Expressive Works Post-Jack Daniel’s 

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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

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MSK Blog

SEC Adopts Final Climate-Related Rules

Written by Gabriel Miranda On March 6, 2024, in a 3-2 vote during an open meeting, the Securities and Exchange Commission (SEC) adopted the long-awaited final rules on climate disclosures that require public companies to “provide certain climate-related information in their registration statements and annual reports.”[1] In its adopting release, the SEC explained that the final rules’ purpose is to provide “consistent, comparable, and reliable … Continue reading SEC Adopts Final Climate-Related Rules

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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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MSK Blog

Federal Court Issues Preliminary Injunction Against California’s Recently Enacted Internet Child-Protection Law

Written by James D. Berkley and Stacey Chuvaieva As MSK reported last year, there was a distinct possibility of legal, including constitutional, challenges to the new California Age-Appropriate Design Code Act (the “CAADCA”), a law aimed at protecting children online. Such predictions proved accurate and have now culminated in a ruling. On September 18, 2023, Judge Beth Labson Freeman of the U.S. District Court for … Continue reading Federal Court Issues Preliminary Injunction Against California’s Recently Enacted Internet Child-Protection Law

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