Coronavirus Consort – Court Rejects Wife’s COVID-19 Suit Against Husband’s Employer
Written by Jeremy Mittman and Daniel Innamorati A federal judge in the Northern District of California tossed a lawsuit by the wife of an employee who allegedly contracted COVID-19 at work and transmitted the virus to her, finding that the wife’s claims are preempted by California’s worker’s compensation law. Mrs. Corby Kuciemba claimed she contracted COVID-19 after her husband, a Victory Woodworks Inc. employee, … Continue reading Coronavirus Consort – Court Rejects Wife’s COVID-19 Suit Against Husband’s Employer
(Don’t) Roundup: California Supreme Court Provides Meal Period Guidance to Employers
Written by Jeremy Mittman and Stephen Franz On February 25, 2021, the California Supreme Court in Donohue v. AMN Services, LLC issued two holdings clarifying employers’ duties to provide 30-minute meal periods to employees: (1) employers cannot round employees’ time in the meal period context; and (2) employers’ time records showing noncompliant meal periods raise a rebuttable presumption of meal period violations. In Donohue, the … Continue reading (Don’t) Roundup: California Supreme Court Provides Meal Period Guidance to Employers
Is Your Cargo Congested? Try This!
Written by Susan Kohn Ross A New Year typically brings hope, optimism, and a fresh outlook. Unfortunately, when it comes to our shipping ports, the current circumstances lack anything that one could call hopeful. And, it appears things have gone from bad to worse. There are lots of reasons for the current mess. And, just as it took a long time for things to get … Continue reading Is Your Cargo Congested? Try This!
Powers of Attorney for Freight Forwarders and Customs Brokers
On February 24, 2021, MSK Partner Susan Kohn Ross presented via live webinar on “Powers of Attorney for Freight Forwarders and Customs Brokers.” Please enjoy a recording of this webinar and contact skr@msk.com with any questions pertaining to powers of attorney. Continue reading Powers of Attorney for Freight Forwarders and Customs Brokers
Not All the Plaintiff “Desires”: Only One Statutory Damages Award Available
Written by Aaron D. Johnston On February 2, 2021, the Ninth Circuit issued Desire, LLC v. Manna Textiles, Inc., 2021 WL 345583 (9th Cir. 2021), holding that where one upstream infringer was jointly and severally liable with various downstream infringers (who were not jointly and severally liable with each other) in three distinct infringing distribution chains, plaintiff could only be awarded one statutory award rather … Continue reading Not All the Plaintiff “Desires”: Only One Statutory Damages Award Available
Bursting the [Red]Bubble? Northern District of California Considers Online Retailer’s Scope of Liability for Copyright and Trademark Infringement
Written by Lillian Lee On January 28, 2021, the U.S. District Court for the Northern District of California addressed an online retailer’s liability for copyright and trademark infringement arising out of its users’ submissions. Atari Interactive, Inc. v. Redbubble, Inc., Case No. 4:18-cv-03451. The court on cross-motions for summary judgment deferred on most issues, holding that Plaintiff Atari Interactive, Inc. (“Atari”) could proceed on some … Continue reading Bursting the [Red]Bubble? Northern District of California Considers Online Retailer’s Scope of Liability for Copyright and Trademark Infringement
California Supreme Court Holds that Dynamex ABC Test Applies Retroactively
Written by Jeremy Mittman and Hilary Feybush On January 14, 2021, the California Supreme Court in Vasquez v. Jan-Pro Franchising, Inc., 2021 WL 127201 (Cal. Jan 14, 2021) held that its landmark April 2018 Dynamex decision for determining independent contractor status applies retroactively. This question was posed to the California Supreme Court by the Ninth Circuit after it withdrew its May 2019 holding that the Dynamex test applied retroactively. … Continue reading California Supreme Court Holds that Dynamex ABC Test Applies Retroactively
Quarantine Requirements and US Visa Applications
Written by Frida Popik Glucoft The COVID-19 pandemic continues to have a significant impact on US immigration and the visa process. In addition to the recently announced negative COVID test requirements for US travelers, some embassies are issuing specific quarantine measures as well. The U.S. Embassy in Paris has just announced that in order to protect its employees and visa applicants, anyone applying for a visa … Continue reading Quarantine Requirements and US Visa Applications
New Year Brings Changes To Immigration, US Travel
Written by David S. Rugendorf The new year 2021 is likely to bring many changes to US immigration and travel requirements. A new White House administration and the evolving situation regarding efforts to contain the global pandemic assure that we should hear of many developments in policies and procedures. For starters, here are two such developments: Negative COVID Tests To Be Required For All US … Continue reading New Year Brings Changes To Immigration, US Travel
Another COVID-19 Surprise: Important New Trademark and Copyright Legislation Buried In Spending and Relief Package
Written by Marissa B. Lewis Yesterday, Congress’s omnibus spending and COVID-19 relief bill, H.R. 133, was signed into law. Buried in the legislation are two new acts that potentially have sweeping implications for intellectual property owners. The Trademark Modernization (“TM”) Act and the Copyright Alternative in Small-Claims Enforcement (“CASE”) Act introduce measures that are poised to significantly impact the way that trademark and copyright owners … Continue reading Another COVID-19 Surprise: Important New Trademark and Copyright Legislation Buried In Spending and Relief Package
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