Irene Scholl-Tatevosyan

What do you focus on?

Labor & Employment

I handle all phases of employment litigation with the Labor and Employment team, from discovery to dispositive motion practice and trial. I litigate wrongful termination, discrimination and retaliation cases as well as wage and hour actions. With our experienced labor team, I provide strategic advice regarding labor disputes, collective bargaining and other matters under the jurisdiction of the National Labor Relations Board. Recently, I second-chaired a hearing before the Board. I am currently part of a team defending an ERISA class action challenging the prudence of certain plan investments and amounts paid in recordkeeping fees.

Commercial Litigation

I litigate complex commercial disputes involving contracts, breach of fiduciary duty, copyrights and trademarks, among other things. Additionally, I worked on high-stakes litigation involving art displaced during times of conflict.

Esports Initiative

I launched the firm’s esports task group focused on this emerging gaming industry and help lead this team. Our esports team is comprised of more than 30 attorneys from multiple offices and specialties working with clients in a variety of areas from merchandising manufacturing agreements to gambling regulations compliance and IP licensing issues. We are active members, contributors, and thought-leaders in the esports community. For more information, visit the firm’s Esports Trending Topics page.

What do you see on the horizon?

Unionization is and will continue to be a topic of conversation in the esports industry. While the history and function of unions in traditional sports is instructive, for esports, there are also key differences that must be considered that make esports unique, such as the fact that there are multiple game titles instead of a single game that is played.

Representative Matters

• Featherstone v. Southern California Permanente Medical Group, 10 Cal. App. 5th 1150 (Ct. App. 2017), review denied (July 12, 2017): published opinion represents the first time a California Court of Appeal has evaluated whether an employer’s refusal to rescind a resignation amounts to an adverse employment action under the Fair Employment and Housing Act (FEHA). Recognizing that this issue had not been previously addressed by the state courts, the court affirmatively held that the refusal to rescind a resignation is not an adverse employment action under FEHA.
• Johnson v. Kaiser Found. Hosps., No. B268801, 2017 WL 2200140 (Cal. Ct. App. May 19, 2017): California appellate court affirmed state court’s entry of summary judgment in favor of defendants, concluding that it lacked jurisdiction over the plaintiff’s claims for retaliation and wrongful termination in violation of public policy under the preemption doctrine enunciated in San Diego Bldg. Trades Council et al. v. Garmon 359 U.S. 236 (1959).
• Timothy O. v. Paso Robles Unified School District., 14-55800 (9th Cir): filed amicus brief on behalf of Learning Rights Law Center, in support of appellants child and parents.
• Cassirer v. Thyssen-Bornemisza Collection Foundation, 05-cv-03459 JFW (Ex): assisted with briefing on cross motions for summary judgment at the district court level. The district court adjudicated plaintiffs’ claims on the merits. The court granted the Foundation’s motion, denying the claimants’ motion, as the plaintiffs’ claims are governed by Spanish law and, under Spanish law, the Foundation is the owner of the property. The matter was appealed and litigation continues.

Presentations & Publications

•  “Women in Gaming,” Esports Activate, New York, NY, March 2018
• “How the Global Evolution of Esports Will Change the Industry,” Hollywood Entertainment Technology Festival, Los Angeles, November 2017
• “The Requirements of California Wage and Hour Law: A Primer,” Labor & Employment Bulletin, September 2017
• “The Future Is Female—How Women Are Playing a Crucial Role in the Growth of E-sports,” XLIVE, New York, August 2017
• “Nixon Peabody eSports Intensive,” Nixon Peabody, Los Angeles, CA, June 2017
• “L&E gets Trumped for 2017: New year, new laws and what to expect from the new presidential administration,” Nixon Peabody Annual MCLE Seminar, Los Angeles, January 2017