Mitchell Silberberg & Knupp LLP

Are You Sitting Down for This? The California Supreme Court Offers Guidance to Employers For Meeting Their Seating Obligations

Most employers rarely think about their obligation to provide seats for their employees. The California Supreme Court’s recent decision in Kilby v. CVS Pharmacy should have employers standing up and taking…more
| Civil Procedure, Labor & Employment Law

The Art of Self Defense

Corporate compliance programs come in all shapes and sizes and apply whether your company is privately owned or publicly traded. These internal controls take the form of accounting and audit procedures, import-export/regulatory…more
| Business Organizations, Civil Procedure, Criminal Law, Labor & Employment Law

Shielded but Not Covered – Privacy Demands Better Protection

Yesterday, the Article 29 Working Party took action which some found surprising and others predicted. It found the EU-U.S. Privacy Shield did not contain adequate protections and needs further improvement. While…more
| Business Organizations, International Law & Trade, Privacy, Science, Computers, & Technology

California Court Requires Employers to Provide Reasonable Accommodations to Employees Who Are “Associated With” a Disabled Person

The California Court of Appeal, in its highly controversial opinion in Castro-Ramirez v. Dependable Highway Express, held that under the California Fair Employment and Housing Act (“FEHA”), an employer’s duty to provide…more
| Civil Rights, Labor & Employment Law

TFTEA – Export Focus

In earlier editions of our Alert, we first summarized the new law, then addressed the intellectual property rights changes it contained, and most recently covered the organizational structure. Now, we turn to the export focused…more
| Business Organizations, Commercial Law & Contracts, Intellectual Property, International Law & Trade

TFTEA – CBP Organizational Structure

Among its many provisions, the Trade Facilitation and Trade Enforcement Act (“TFTEA” or the “Act”), H.R. 644, formally establishes U.S. Customs and Border Protection (“CBP”) as a department within Homeland Security (“DHS”)…more
| Antitrust & Trade Regulation, International Law & Trade

New Fair Employment and Housing Act Regulations Expand Obligations of California Employers

On April 1, 2016, California employers subject to the Fair Employment and Housing Act (“FEHA”) will be required to comply with a plethora of amendments to the FEHA that were recently adopted by the California Fair Employment and…more
| Civil Rights, Labor & Employment Law

New Customs Law and Intellectual Property Rights

On February 24, 2016, President Obama signed into law the Trade Facilitation and Trade Enforcement Act of 2015, PL 114-125 (TFTEA), which includes an assortment of trade facilitation and trade enforcement provisions, including a…more
| Antitrust & Trade Regulation, Intellectual Property, International Law & Trade

New Customs Bill Becomes Law

On February 24, 2016, H.R. 644 was signed into law by the President. While yet another trade-related bill was signed without any public ceremony, this new law contains a number of timely provisions. The first section deals with…more
| International Law & Trade

European Union - United States Reach Privacy Deal

As was widely reported last week, United States and European Union officials announced that terms of a “Safe Harbor 2.0” has been reached. Now called the “EU-US Privacy Shield,” few tangible details are public at this time. …more
| Commercial Law & Contracts, International Law & Trade, Privacy, Science, Computers, & Technology

ACE Deadline Reminder for Imports and Exports

On February 28, 2016, those involved with imports and exports are preparing to undergo a major transition. As of that date, all entries must be filed using the new Automated Commercial Environment (ACE) system. ACE not only…more
| International Law & Trade, Transportation

Changes to the Visa Waiver Program Enacted

On December 18, 2015, Congress enacted HR 158 “Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015” (“the Act”), which changed Visa Waiver Program (“VWP”) traveler eligibility requirements for a limited…more
| Immigration Law, International Law & Trade

Annual Labor and Employment Law Update

California Broadens Its Fair Pay Act (SB 358). Since 1949, California Labor Code § 1197.5 has prohibited employers from paying employees of one gender “less than employees of the opposite sex in the same establishment for equal…more
| Civil Rights, Labor & Employment Law

New Cybersecurity Law – Are You Prepared?

On December 18, 2015, President Obama signed into law the Cybersecurity Act of 2015. Beginning at Division N, Public Law 114-113 deals with cyber threats and includes the means and methods by which the private sector may submit…more
| Commercial Law & Contracts, Privacy, Science, Computers, & Technology

IRS Releases Draft Form 8971, Information Regarding Beneficiaries Acquiring Property from a Decedent

On December 18, 2015, the IRS released draft Form 8971, Information Regarding Beneficiaries Acquiring Property from a Decedent. Once Form 8971 is finalized, executors who are required to file estate tax returns will complete it…more
| Taxation, Wills, Trusts, & Estate Planning
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