Written by Jeremy Mittman This month, California Governor Gavin Newsom enacted a flurry of new laws that directly impact California employers. Here’s a breakdown of the laws (all of which go into effect on January 1, 2022), and what you need to know: SB 331: Broadly Prohibits Non-Disclosure Clauses in Settlement Agreements Senate Bill 331 expands the limit on non-disclosure clauses in settlement agreements to … Continue reading CA Governor Newsom Signs Flurry of New Laws
Written by Susan Kohn Ross In discussing the current state of the 301 tariffs, the first place to start is with the pending litigation. There, the Government has filed its cross-motion to dismiss responding to what plaintiffs had previously argued. The next step is for the panel of judges assigned to these 3800+ cases to decide if they will order oral argument or decide the … Continue reading China Tariff – 301 Update
Written by Leo M. Lichtman A few weeks ago, we reported on Nicklen v. Sinclair Broad. Co., a case out of the Southern District of New York that expressly rejected the “server test” established by the Ninth Circuit in Perfect 10, Inc. v. Amazon.com, Inc., 508 F.3d 1146, 1160 (9th Cir. 2007). The server test sets forth a limitation for when a copyrighted work is … Continue reading To Link or Not to Link: Embedding Content and Copyright Infringement
Written by Susan Kohn Ross Customs and Border Protection (“CBP”) is in the process of reimaging how it will operate in the future. This effort has been dubbed 21CCF. At the same time CBP has been developing its recommendations, a national coalition of trade associations has been formed to discuss the very same topic – what should CBP look like in the future? The coalition … Continue reading Customs and Border Protection’s Newest Modernization Efforts – What Is 21CCF?
Written by Allan B. Cutrow and Jeffrey K. Eisen On September 15, 2021, the House Ways and Means Committee passed a tax bill designed to raise revenue for President Biden’s “Build Back Better” plan. It contains significant changes to the estate and gift tax laws, and the income tax laws related to them. Of course, this is only another step down a very uncertain road. … Continue reading House Ways & Means Committee Passes Tax Bill With Potentially Significant Effects on Estate Planning
Written by Jeremy Mittman The dust is nowhere near settled in the battle over independent contractors in California. In the latest development, a California Superior Court judge ruled last week that Proposition 22 is unconstitutional and unenforceable. Prop 22, which was passed by California voters last November, allows certain “gig economy” workers (app-based delivery and transportation drivers) to be classified as independent contractors instead of … Continue reading California’s Prop 22 Concerning “Gig Economy” Drivers Ruled Unconstitutional by California Court
Written by Jeremy Mittman Employers can breathe a bit easier when considering whether or not to adopt a mandatory vaccination policy to apply to their workforces. On August 23, 2021, the Food and Drug Administration (FDA) granted the Pfizer COVID-19 vaccine full approval, elevating it from its previous Emergency Use Authorization (“EUA”) status. As most know by now, the Pfizer vaccine is the first of … Continue reading FDA Fully Approves Pfizer COVID-19 Vaccine, Removing Potential Hurdle to Mandatory Vaccination Policies
Written by Leo M. Lichtman A polar bear is currently at the center of an important copyright dispute in the Southern District of New York in a case that could hold major implications over the scope of a copyright holder’s exclusive display rights. See Nicklen v. Sinclair Broad. Grp., 2021 WL 3239510 (S.D.N.Y. July 30, 2021). The case was filed by Paul Nicklen, a nature … Continue reading Of Polar Bears and Copyrights: Southern District of New York Again Rejects the Server Test
Written by Lillian Lee On August 6, 2021, the United States District Court for the Central District of California held that a trademark owner could proceed on a claim of direct trademark infringement against a blogger and social media “influencer.” The court’s ruling highlights the possibility that brand influencers may be held liable for trademark infringement in connection with the products they promote. Petunia Products, … Continue reading Trademark Liability for Social Media Influencers? C.D. Cal. Court Says It’s Possible.
Written by Jeremy Mittman & Corey Singer On July 15, 2021, the California Supreme Court settled a longstanding question in Ferra v. Loews Hollywood Hotel, LLC, 2021 WL 2965438, about how an employer must calculate the extra hour of premium pay that California non-exempt employees are owed if a compliant meal or rest break is not provided. In a significant reversal of prior court rulings, … Continue reading California Supreme Court Holds That Rest And Meal Period Premiums Must Be Calculated In The Same Manner As Overtime Payments