Tag: featured

Immigration

ICE Inspections, Site Visits and Raids

Written by Howard D. Shapiro and David S. Rugendorf There have been many announcements regarding worksite inspections and raids being conducted at employment sites around the country by the Department of Homeland Security’s Immigration and Customs Enforcement agency. Employers should recognize that a site visit is not an indication that the company, its managers or any of its employees, did anything wrong. Certainly, the visit … Continue reading ICE Inspections, Site Visits and Raids

Unknown's avatarmskllpLeave a comment
International Trade, Regulatory

More Trump Tariffs?

By Susan Kohn Ross On February 1, 2025, President Trump announced new tariffs on Mexico, Canada and China (these are links to the actual text of each Executive Order). While a White House Fact Sheet re Tariffs was published that morning, along with a post on social media, it took until February 3, 2025 for all of the Executive Orders (“Order” or “Orders”) to be posted. … Continue reading More Trump Tariffs?

Unknown's avatarmskllpLeave a comment
Intellectual Property

Watered Down Whisky: Bad Spaniels Dilutes Trademarks But Does Not Infringe

Written by Ian Logan After more than a decade of litigation, which included U.S. Supreme Court review, VIP Products LLC v. Jack Daniel’s Properties Inc., No. CV-14-02057 returned to the United States District Court for the District of Arizona for yet another ruling on remand.  On January 21, 2025, U.S. District Judge Stephen M. McNamee ruled that although the “Bad Spaniels” dog toy, shaped like … Continue reading Watered Down Whisky: Bad Spaniels Dilutes Trademarks But Does Not Infringe

Unknown's avatarmskllpLeave a comment
Intellectual Property

U.S. Trademark Office Fees Increasing Significantly on January 18, 2025: What It Means for You

Written by Eleanor M. Lackman The new year is bringing with it some major fee increases from the U.S. Patent & Trademark Office (USPTO) for certain key aspects for trademark filings and other trademark prosecution. Nearly all go into effect on January 18, 2025. Here are some major changes to know, and how they may affect your filing strategy in the United States: These changes … Continue reading U.S. Trademark Office Fees Increasing Significantly on January 18, 2025: What It Means for You

Unknown's avatarmskllpLeave a comment
Labor & Employment

Ready, Set, Vlog!  New California Laws Protect the Rights of Child Vloggers

Written by Jeremy Mittman and Eric Engelman A pair of new California laws (AB 1880 and SB 764) will go into effect on January 1, 2025 and together greatly expand the protections that apply to child vloggers in California. AB 1880 is meant to curb the potential abuse and exploitation of child vloggers by expanding California’s “Coogan Law” (as further explained below) to now include … Continue reading Ready, Set, Vlog!  New California Laws Protect the Rights of Child Vloggers

Unknown's avatarmskllpLeave a comment
Corporate

Understanding the Corporate Transparency Act

As of January 1, 2024, significant new reporting requirements have come into effect with the Corporate Transparency Act (the “CTA”). In general, the CTA is a new federal law that requires most US-based entities, and certain foreign entities (collectively, “Reporting Companies”), to report detailed information about their “Beneficial Owners” and “Company Applicants” to the Financial Crimes Enforcement Network (“FinCEN”), a bureau of the US Department … Continue reading Understanding the Corporate Transparency Act

Unknown's avatarmskllpLeave a comment
MSK Blog

Heckman v. Live Nation: Ninth Circuit Hold Mass Arbitration Clause to Be Unconscionable

Written by Karin Pagnanelli and Stacey Chuvaieva Earlier last week, the Ninth Circuit affirmed a District Court’s decision in Heckman v. Live Nation Entertainment Inc., finding that the delegation clause of Ticketmaster’s arbitration agreement is unconscionable, that the arbitration agreement as a whole is unconscionable, and that the application of California’s unconscionability law is not preempted by the Federal Arbitration Act (FAA). This ruling carries significant … Continue reading Heckman v. Live Nation: Ninth Circuit Hold Mass Arbitration Clause to Be Unconscionable

Unknown's avatarmskllpLeave a comment
Intellectual Property

“Conquesting” Lawsuit Is No Conquest for Trademark Plaintiff

Written by Skyler M. Terrebonne On October 22, 2024, the U.S. Court of Appeals for the Ninth Circuit Court delivered the latest word on whether the practice of “keyword advertising,” and in particular the strategy of “conquesting,” constitutes trademark infringement. Keyword advertising is an advertising strategy wherein a company bids on a Google Ads keyword, so that an advertisement for its business will appear near the top … Continue reading “Conquesting” Lawsuit Is No Conquest for Trademark Plaintiff

Unknown's avatarmskllpLeave a comment
Labor & Employment

New California Law Imposes Requirements on Contracts with Freelance Workers

Written by Jeremy Mittman and Matt J. Mardesich As readers of this blog are likely aware, California generally uses a three-part test, known as the ABC test, to determine whether workers are classified as employees or independent contractors under the Wage Orders and California Labor Code. However, a notable exception exists for contracts for “professional services” as defined by Labor Code Section 2778, and assuming a multi-part … Continue reading New California Law Imposes Requirements on Contracts with Freelance Workers

Unknown's avatarmskllpLeave a comment
Labor & Employment

Recent California Law Clarifies Loan-Out Companies Are Lawful 

Written by Anthony J. Amendola and Matt J. Mardesich Many artists in the motion picture industry choose to provide their services through personal services corporations or similar entities generally known as “loan-out” companies.  When a recipient of the talent’s services (e.g., a producer or other industry employer) engages talent in this manner, the “loan-out” company serves as the artist’s “general” (on-going) employer and “lends” the … Continue reading Recent California Law Clarifies Loan-Out Companies Are Lawful 

Unknown's avatarmskllpLeave a comment