Jan 18, 2018

Timed Out and Tuned Out: The Forfeiture of Unclaimed Royalties and the Loss of Meaningful Access to Litigation Under the Music Modernization Act

Girl Streaming Music

On December 21, 2017, the Music Modernization Act of 2017 (H.R. 4706) was introduced in the House of Representatives.  The bill seeks to modernize the U.S. music licensing system by (1) creating a not-for-profit mechanical licensing and royalty collective to collect and distribute mechanical royalties from interactive streaming services, such as Spotify, Apple Music, Pandora,… Read more

Jan 3, 2018

Silica Rule Case

Client Alert -Environmental

On Friday, December 22, the U.S. Court of Appeals for the District of Columbia Circuit ruled on challenges to OSHA’s new silica exposure standard, rejecting all challenges by industry and one of the challenges by labor unions, finding OSHA’s failure to extend the “medical removal protection” standards of the new rule to certain employees was… Read more

Dec 20, 2017

New Tax Bill Passed Both Houses of Congress

US Capitol Building

Today, the new tax bill (the “Act”) passed both the House and the Senate and is expected to be signed by President Trump prior to the end of the year. The Act includes a number of provisions affecting employee benefit plans and deferred compensation arrangements, such as: Individuals will no longer be able to unwind… Read more

Dec 20, 2017

Vulgar is Vogue: Federal Circuit Finds Lanham Act § 2(a)’s “Immoral or Scandalous” Provision Unconstitutional

Lanham Act Unconstitutional

On December 15, 2017, the Federal Circuit held that Lanham Act § 2(a)’s provision prohibiting the registration of “immoral or scandalous” matter is an unconstitutional violation of the First Amendment.  The Federal Circuit’s decision comes on the heels of the Supreme Court’s decision in In re Tam, which held that another portion of Lanham Act… Read more

Dec 20, 2017

Employment Laws to Watch in the New Year

Job Applicants

The New Year brings with it changes to several laws that employers need to be aware of to avoid potential liability. California The following laws are effective January 1, 2018: California’s Labor Code was amended to prohibit all employers from relying on “salary history information” as a factor in determining whether to offer employment and… Read more

Dec 15, 2017

Early Gift for Employers: NLRB Changes Course on Joint Employer Standard and Employee Handbook Analysis

Employee Handbook

On December 14, 2017, the National Labor Relations Board (NLRB) issued a pair of decisions, Hy-Brand Industries and Boeing Company, overturning two standards that have plagued employers in recent years and marking a shift from the direction of the previous NLRB.  In Hy-Brand Industries, the NLRB overturned its 2015 Browning-Ferris standard for finding unrelated employers… Read more

Nov 29, 2017

UPDATE: IRS Cost-of-Living Adjustments Employee Benefit Plan Limitation for 2018

Life Directional Signs

On November 27, 2017, the Social Security Administration announced it is revising the 2018 Taxable Maximum Amount, effective January 1, 2018.  Originally, it had announced that the Social Security taxable maximum would be increasing to $128,700 for 2018.  However, based on updated wage data, this number has now been adjusted to $128,400. For a printable… Read more