New California Supreme Court Case Provides Guidance to Employers Seeking to Rely on the “Good Faith Defense” to California Wage and Hour Violations
Written by Jeremy Mittman, Stephen Rossi and Sara Kim On August 21, 2025, the California Supreme Court unanimously held that the “good faith defense” to claims for liquidated damages for unpaid minimum wages requires proving that the employer “made an attempt to determine what the law required that was reasonable under the circumstances and a good faith effort to comply with the requirements of the … Continue reading New California Supreme Court Case Provides Guidance to Employers Seeking to Rely on the “Good Faith Defense” to California Wage and Hour Violations
When HR Meets AI: California Issues New Employment AI Regulations
Written by Jeremy Mittman and Matt Mardesich In recent years, employers have increasingly utilized artificial intelligence (“AI”) tools to assist with making various employment decisions, ranging from screening applicants during hiring to determining employee pay and schedules. While AI tools can lead to efficiency and cost-saving for employers, they also risk resulting in unintentional bias or discrimination if not properly administered. To protect against such … Continue reading When HR Meets AI: California Issues New Employment AI Regulations
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
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
Yes, Virtual Goods Are Still Goods for Trademark Purposes
Written by Bryse Thornwell On July 23, 2025, in a significant update for the evolving intersection of intellectual property and blockchain technology, the United States Court of Appeals for the Ninth Circuit issued a unanimous opinion affirming critical trademark principles as they apply to non-fungible tokens (“NFTs”) and digital assets. See Yuga Labs, Inc. v. Ripps, et al, Case No. 24-879.[1] The opinion, written by … Continue reading Yes, Virtual Goods Are Still Goods for Trademark Purposes
Estate and Gift Tax Impact of the “One Big Beautiful Bill”
Written by Jeffrey K. Eisen On July 4, 2025, President Trump signed the “One Big Beautiful Act” into law. Of its 870 pages and its massive impact on virtually all Americans, only one provision (on page 227) affects the estate tax, gift tax and Generation-Skipping Transfer (GST) tax, but it is a very important one. What Changed? For deaths occurring, or gifts made, on or … Continue reading Estate and Gift Tax Impact of the “One Big Beautiful Bill”
Update on Reciprocal Tariffs: Deadline Extended, New Rates Announced
Written by Susan Kohn Ross The reciprocal tariffs deadline has been extended to August 1, 2025. See here for the related Executive Order. Yesterday, information about the letters sent to several countries was also made public – the rates and countries are as follows: 1. Japan: 25% on all Japanese products sent to U.S.2. South Korea: 25%3. Tunisia: 25%4. Malaysia: 25%5. Kazakhstan: 25%6. South Africa: 30%7. Bosnia … Continue reading Update on Reciprocal Tariffs: Deadline Extended, New Rates Announced
Gone in (Far More Than) 60 Seconds: Ninth Circuit Holds That Ford Mustangs Known as “Eleanor” Are Not Entitled to Copyright Protection
Written by Alex Anfuso and Eleanor M. Lackman In Carroll Shelby Licensing v. Halicki, No. 23-4008 (May 27, 2025), the Ninth Circuit recently weighed in again on the scope of copyright protection for characters, denying protection to a series of Ford Mustangs called “Eleanor.” The cars appeared, in varying forms, in four separate films between 1974 and 2000. Eleanor first appeared in the original … Continue reading Gone in (Far More Than) 60 Seconds: Ninth Circuit Holds That Ford Mustangs Known as “Eleanor” Are Not Entitled to Copyright Protection
The Copyright Office Report on AI and Fair Use: A Generative Controversy
Written by James D. Berkley Amidst a level of intrigue rare to the Library of Congress and U.S. Copyright Office, on Friday, May 9, the Copyright Office released a detailed 108-page report containing its most extended discussion of how copyright law applies to the so-called “training” of generative artificial intelligence (better known as “generative AI”). Generative AI is the rapidly developing field exemplified by products … Continue reading The Copyright Office Report on AI and Fair Use: A Generative Controversy
Court Rules “Video Game Addiction” Claims Are Barred By the First Amendment and Section 230
Written by Brandon Hughes A recent motion to dismiss order out of the United States District Court for the Northern District of Illinois is one of the first opinions substantively addressing tort claims based on alleged video game addiction. The decision in Angelilli v. Activision Blizzard, Inc., et al., No. 23-CV-16566, 2025 WL 1181000 (N.D. Ill. Apr. 23, 2025), could in the future influence other … Continue reading Court Rules “Video Game Addiction” Claims Are Barred By the First Amendment and Section 230
MSK Blog 