Tag: featured

International Trade, Regulatory

Customs and Border Protection’s Newest Modernization Efforts –  What Is 21CCF?

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?

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Charitable Organizations, Estate Planning, Tax, Trusts & Estates

House Ways & Means Committee Passes Tax Bill With Potentially Significant Effects on Estate Planning

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

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Labor & Employment

California’s Prop 22 Concerning “Gig Economy” Drivers Ruled Unconstitutional by California Court

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

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COVID-19, Labor & Employment

FDA Fully Approves Pfizer COVID-19 Vaccine, Removing Potential Hurdle to Mandatory Vaccination Policies

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

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Intellectual Property

Of Polar Bears and Copyrights: Southern District of New York Again Rejects the Server Test

Written by Leo 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 photographer … Continue reading Of Polar Bears and Copyrights: Southern District of New York Again Rejects the Server Test

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Intellectual Property

Trademark Liability for Social Media Influencers? C.D. Cal. Court Says It’s Possible.

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.

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Labor & Employment

California Supreme Court Holds That Rest And Meal Period Premiums Must Be Calculated In The Same Manner As Overtime Payments

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

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Labor & Employment

President Biden Issues Executive Order Encouraging FTC to Ban or Limit Non-Compete Agreements

Written by Jeremy Mittman Last week, President Biden signed the Executive Order on Promoting Competition in the American Economy which, among other objectives intended to increase competition in a wide range of economic activity, encourages the Federal Trade Commission (FTC) to ban or limit non-compete agreements. Specifically, President Biden directs the Commission to “exercise the FTC’s statutory rulemaking authority under the Federal Trade Commission Act … Continue reading President Biden Issues Executive Order Encouraging FTC to Ban or Limit Non-Compete Agreements

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COVID-19, Labor & Employment

Cal-OSHA Standards Board Adopts Emergency Temporary Standards (ETS) Revisions, Governor Newsom Issues Immediately Effective Executive Order

Written by Jeremy Mittman & Thea Rogers Last Friday, June 17, Governor Newsom signed the Cal-OSHA Safety and Health Standards Board’s revisions to its Emergency Temporary Standards (“ETS”) into immediate effect (Executive Order linked here), thereby more closely aligning Cal-OSHA COVID-19 face covering and physical distancing standards with the California Department of Public Health (“CDPH”) and Centers for Disease Control (“CDC”) recommendations.  Although Governor Newsom … Continue reading Cal-OSHA Standards Board Adopts Emergency Temporary Standards (ETS) Revisions, Governor Newsom Issues Immediately Effective Executive Order

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Immigration

H-1B Cap Lottery Selection Rate Drops Significantly and What’s Next?

Written by Stephen Blaker On March 30, 2021, U.S. Citizenship and Immigration Services (USCIS) announced that it had completed its cap lottery selection of H-1B registrations for the fiscal year (FY) 2022. Employers submitted 308,613 registrations for selection in the cap lottery, of which USCIS selected 87,500 cases, or 28% of the total number of registrations. This is a significant decrease from the FY 2021 … Continue reading H-1B Cap Lottery Selection Rate Drops Significantly and What’s Next?

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