China 301 Duty Refunds – What Is Next?

Written by Susan Kohn Ross There are conflicting opinions as to when the deadline (called the statute of limitations) expires to file a complaint at the Court of International Trade and seek refunds on any China 301 List 3 duties which were paid. We know the statute of limitations is two years – but when does it start? Some argue the statute expired on Friday, … Continue reading China 301 Duty Refunds – What Is Next?

MSK Minute: Stephen Franz Discusses Back-to-School Questions Related to the FFCRA

As kids begin returning to school in person, virtually or on a hybrid schedule, new questions regarding an employee’s eligibility for paid leave under the Families First Coronavirus Response Act (FFCRA) are emerging. In this video, MSK attorney Stephen Franz addresses these questions and more. Continue reading MSK Minute: Stephen Franz Discusses Back-to-School Questions Related to the FFCRA

USCIS Announces New Fees: What Employers Need to Know

Written by Benjamin Lau The United States Citizenship and Immigration Services (USCIS) recently announced that it is implementing a new filing fee schedule that will take effect on October 2, 2020. USCIS is also revising numerous key employment-based immigration forms, such as new editions of the Form I-129 nonimmigrant worker petition for H-1B, L-1, O-1 and other nonimmigrant categories. The new forms are not currently … Continue reading USCIS Announces New Fees: What Employers Need to Know

Copyright Preemption Remix – The Second Circuit Finds Implied Preemption of Right of Publicity Claim Relating to Remixes on Mixtape

Written by Elaine K. Kim and Elaine Nguyen The Second Circuit recently issued an important decision, In re Jackson, No. 19-480, — F.3d —, 2020 WL 4810706 (2d Cir. Aug. 19, 2020), in which it held that a state law right of publicity claim was barred on the ground of implied copyright preemption.  While implied preemption—also known as conflict preemption—has come up in other copyright … Continue reading Copyright Preemption Remix – The Second Circuit Finds Implied Preemption of Right of Publicity Claim Relating to Remixes on Mixtape

A Jewel of an Opinion or Missing the Mark? Second Circuit Holds that Costco’s Use of “Tiffany” May Be Descriptive

Written by Sofia Castillo and Marissa B. Lewis In Tiffany and Co et al v. Costco Wholesale Corp., No. 17-2798 (2d Cir., Aug. 17, 2020) the Second Circuit vacated and remanded for trial a 2017 decision issued by the Southern District of New York that awarded fine jewelry giant Tiffany & Co. over $21 million in damages arising from Costco’s use of the term “Tiffany” … Continue reading A Jewel of an Opinion or Missing the Mark? Second Circuit Holds that Costco’s Use of “Tiffany” May Be Descriptive

USCIS: Approval Notices May (Temporarily) Evidence Authorization to Work in US

Written by David S. Rugendorf Faced with logistical difficulties in producing work authorization documents (EAD cards), a growing backlog of applications and related litigation, the USCIS announced yesterday (August 19, 2020) that it would, in limited circumstances, allow paper I-797 approval notices to suffice as evidence of employment authorization, even though these notices explicitly state that they are not valid as evidence of same. US … Continue reading USCIS: Approval Notices May (Temporarily) Evidence Authorization to Work in US

New York’s Department of Financial Services Initiates Its First Enforcement Action Under Its 2017 Cybersecurity Regulations

Written by Timothy M. Carter Following a publicized commitment to increased cybersecurity enforcement, the New York Department of Financial Services (“NYDFS”) initiated its first enforcement action against First American Title Insurance Co. (“First American”) on July 22, 2020. Stemming from First American’s alleged failure to adequately safeguard highly confidential, personal consumer information – including bank account numbers and statements, mortgage and tax records, Social Security … Continue reading New York’s Department of Financial Services Initiates Its First Enforcement Action Under Its 2017 Cybersecurity Regulations

The Privilege to Speak One’s Mind: New York Broadens Its Anti-SLAPP Statute

Written by Timothy M. Carter The broad speech protections provided by the First Amendment are emblematic of a “profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide-open[.]”  New York Times v. Sullivan, 376 U.S. 254, 269–70 (1964).  While this unfettered commitment to free speech may shield a speaker from the chill of liability, practically speaking, it often … Continue reading The Privilege to Speak One’s Mind: New York Broadens Its Anti-SLAPP Statute

MSK Minute: California Reopening Stalls Under New Order

On Monday, July 14, California Governor Gavin Newsom ordered a halt to all indoor activities & operations at certain businesses statewide, as cases of COVID-19/coronavirus surge here in the country’s most populated state. What does this new order mean for your business? In this video, MSK attorneys Su Ross and Travis Jeffries examine a number of the issues and questions that employers should consider while … Continue reading MSK Minute: California Reopening Stalls Under New Order

Customs Broker Regulations Update – What Was CBP Thinking?

Written by Susan Kohn Ross For many months, the customs brokerage community has been expecting to see updates to the existing regulations. They finally came out in the Federal Register on June 5, 2020, see here. Comments are due on or before August 4, 2020. While much of what is in the proposed revisions is not controversial and fits nicely into CBP’s stated purpose to … Continue reading Customs Broker Regulations Update – What Was CBP Thinking?