MS&K Alerts - News - Mitchell Silberberg & Knupp LLP ~ Full service entertainment law firm

DR-CAFTA Update December 2008
MS&K International Trade Alert
Also included in this alert:
- FDA Publishes Food Protection Plan
- Consumer Product Safety Improvement Act - Clarification and Update
ACGA Survey of Gift Planning Now Available December 18, 2008
MS&K Charitable Sector Alert
The American Council on Gift Annuities has released the results of a comprehensive national survey on charitable gift planning among U.S. charities.
Nonprofit Organizations: Uniquely Positioned to Take Advantage of Immigration Benefits November 2008
MS&K Immigration Alert
Why Politics In The Workplace Can Be Worse Than Workplace Politics November 2008
MS&K Labor and Employment Alert
The Presidential election is fast approaching, and as political conversations heat up around the state, the nation, and especially the workplace, employers should be aware that both California and federal law restrict employers’ conduct when it comes to politics in the workplace.
FDA Seeks To Bar Port Shopping November 2008
MS&K International Trade Alert
Also included in the alert:
- Intercompany Transfer Exception
- BIS Redefines Di Minimis
- CPSC Certificates - Paper or Electronic
- Lacey Act Updates
Congress Extends Charitable IRA Rollover: Additional Useful Information October 27, 2008
Charitable Sector Alert
ITC Exclusion Orders Becoming More Popular October 2008
MS&K International Trade Alert
Also included in this alert:
- 10+2 Update
- Lacey Act
- Research Resources Available Again
Charitable Sector Letter Vol. XVI, No 2, 2008
Charitable Sector Letter
- IRS Proposes Regulations on Substantiation and Reporting of Charitable Contributions
- IRS Proposes Controversial Regulations That Would Negatively Affect Charitable Lead Trusts
- The Book Shelf: Charity on Trial, by Doug White
- Charitable Sector Practice Group Profile
California Supreme Court Issues Death Knell To Covenants Not To Compete October 2008
MS&K Labor & Employment Alert
California Business and Professions Code § 16600 states that "every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void." Although the public policy against restraining one’s ability to work has been embodied in California law since 1872, California and federal courts (interpreting California law) have not uniformly agreed on the scope and extent to which Section 16600 prohibits various types of noncompete restrictions contained in employment agreements.
IRA Roll-Over Extended October 10, 2008
Charitable Sector Alert
Intellectual Property & Technology Newsletter - September 2008 September 2008
Intellectual Property & Technology Newsletter
- The Copyright Office's New Expedited Copyright Procedures
- Second Circuit Rules in Cablevision, But Questions Remain
- Ninth Circuit's Roommates.com Opinion Adds to E-Commerce Uncertainty
- ITC Exclusion Orders Are Becoming More Popular
A "Resting" Development: California Court Gives Employers a Break on Meal and Rest Periods September 2008
MS&K Labor & Employment Alert
In Brinker Restaurant Corporation, et al. v. Superior Court (7/22/2008), a California Court of Appeal favorably decided a number of issues regarding the state’s meal and rest period requirements. On the day the decision was handed down, Governor Schwarzenegger issued a press release commending the Court for "squarely addressing many of the central issues in dispute" and providing clarity in the face of "confusing and conflicting interpretations of the meal and rest period requirements."
First Sale Update, Softwood Lumber Reporting Changes, Lacey Act Changes September 2008
MS&K International Trade Alert
Also included in this alert:
- Softwood Lumber Reporting Changes
- Lacey Act Changes
- Post-Olympics Trade Event in China
Advance Data Elements - More Requirements Added January 2008
MS&K International Trade Alert
ATA Sues Los Angeles and Long Beach Ports and the COOL Rules August 2008
MS&K International Trade Alert
Consular Processing Update September 2008
MS&K Immigration Alert
Ninth Circuit Gives Green Light To Employees Sexy Text Messages August 2008
MS&K Labor & Employment Alert
A cautionary tale for employers, the federal Ninth Circuit of Appeals’ recent decision in Quon v. Arch Wireless (June 18, 2008) underscores the need to diligently ensure that employees have no expectation of privacy when using any company-issued electronic communication equipment or system.
U.S. To Prescreen Visa Waiver Travelers August 2008
MS&K Immigration Alert
Science Leads the Way to New Federal Antidiscrimination Law July 2008
MS&K Labor & Employment Alert
In May, President Bush signed into law the Genetic Information Nondiscrimination Act ("GINA"), which prohibits employers and insurance companies from discriminating against individuals on the basis of genetic information. Touted as the "first civil rights bill of the new century of life sciences," GINA was adopted in response to an alleged increasing concern that fear of discrimination is preventing the general public from taking full advantage of genetic testing that could result in preventative medical treatments. However, detractors have argued that GINA is a wholly unnecessary remedy in search of a problem.
Summer is Here: Trainees and Interns July 2008
MS&K Immigration Alert
Creative U.S. Criminal Prosecutions Challenge International Trade Practices July 2008
MS&K International Trade Alert
U.S. Criminal Prosecutions Challenge International Trade Practices July 1, 2008
Intellectual Property & Technology Newsletter - June 2008 June 2008
Intellectual Property & Technology Newsletter
- 360 Deals: The Changing Landscape of Recording Contracts
- Protect Your IP Through U.S. Customs
- Risk Less, Win More: Managing the Risky Business of Copyright Infringement Suits
Charitable Sector Letter Vol. XVI, No. 1, 2008
Charitable Sector Letter
- New IRS Electronic Filing Requirements for Small Charities
- New Legislation Affects Conservation Easements
- Reformation of Charitable Remainder Trusts\
- ACGA Gift Annuity Rates Effective July 1, 2008
California Supreme Court's "Serious Health Condition" Decision: A Serious Headache for Employers June 2008
MS&K Labor & Employment Alert
The California Family Rights Act ("CFRA"), like the federal Family and Medical Leave Act ("FMLA"), allows an employee to take a medical leave of absence when, due to a "serious health condition," the employee is "unable to perform the functions of the position of that employee." Thus, based on the plain language of the statute,most employers would probably assume that an employee seeking a medical leave from one employer, while at the same time continuing to perform the same job for another employer,would not be entitled to leave. In Lonicki v. Sutter Health Central 43 Cal. 4th 201 (2008), however, the California Supreme Court ruled that a "serious health condition" may make an employee unable to work for one employer, but not another.
Well, Now You Know! June 2008
MS&K International Trade Alert
E-Verify June 2008
MS&K Immigration Alert
The Supreme Court's Recent ADEA Rulings: A Big Win and A Small Loss For Employers May 2008
MS&K Labor & Employment
In two recent decisions, the U.S. Supreme Court was called upon to decide important evidentiary and procedural questions arising under the Age Discrimination in Employment Act ("ADEA"). In the first of these cases, the Supreme Court curtailed the ability of claimants to pile on "me too" evidence of alleged discriminatory conduct by other supervisors against other employees. In the second, the Court held that completing only an "intake questionnaire"was sufficient to meet the prerequisite of filing an administrative "charge" before initiating a lawsuit.
Divided California Supreme Court Gives Supervisors A Break April 2008
MS&K Labor & Employment Alert
Supervisors and managers can make personnel decisions without fear of having a jury second-guess those decisions, thanks to the recent ruling by the California Supreme Court in Jones v. The Lodge at Torrey Pines Partnership (March 3, 2008). In a strongly divided opinion, the Court held that supervisors (and other non-employer individuals) may not be held personally liable for retaliation under the Fair Employment and Housing Act ("FEHA") when the alleged retaliatory conduct arises out of the performance of necessary management duties.
Import Safety/Security Update April 2008
MS&K International Trade Alert
More Criminal Risks Face International Traders March 2008
MS&K International Trade Alert
Federal Arbitration Act Reigns Supreme March 2008
MS&K Labor & Employment Alert
The U. S. Supreme Court recently held that when parties agree to arbitrate all disputes arising under their contract, the Federal Arbitration Act (FAA), 9 U.S.C. § 1, et seq., supersedes state laws lodging initial jurisdiction over their dispute in another forum, whether judicial or administrative. Although this was not an employment case, in light of this decision, employers should be aware that, when entering into arbitration agreements with employees, the FAA, which applies to most transactions "involving commerce," including most employment agreements, will supersede the jurisdiction of other forums created by California law.
FMLA Expanded for Family Members of Military February 2008
MS&K Labor & Employment Alert
On January 28, 2008, President Bush signed into law the National Defense Authorization Act for 2008. Among other things, this law amended the Family and Medical Leave Act ("FMLA") to provide additional leave benefits to family members of individuals in the Armed Forces.
Customs Seeks to Change the Rules - Again! February 2008
MS&K International Trade Alert
High Court Answers Burning Question Regarding Employee Use of Medical Marijuana January 2008
MS&K Labor & Employment Alert
In a highly anticipated decision, the California Supreme Court has ruled that medical marijuana use is not protected by the California Fair Employment and Housing Act ("FEHA").