Irene Scholl-Tatevosyan

What do you focus on?

Esports & Gaming

In 2015, I launched the firm’s Esports and Gaming Industry Group—one of the first dedicated Esports groups among AM100 law firms. As a lifelong gamer, I am incredibly passionate about this industry and thrilled to be a part of its ongoing evolution. Partnering with my esports and gaming clients, I counsel them on a full range of legal issues to ensure their businesses thrive. I regularly publish and speak on panels (see below for my recent work), and am active in the gaming community. I recently helped launch a professional Women in Gaming network in Southern California, which meets quarterly for programming and networking events. I was also appointed the Vice President of the Esports Bar Association.

Labor & Employment

I regularly advise health care, technology, and other industry clients on matters affecting their workplace and employees. During COVID, I counsel companies on the new related leave regulations and remote working arrangements. I also handle all phases of employment litigation from discovery to dispositive motion practice and trial. I litigate wrongful termination, discrimination and retaliation cases, wage and hour actions, and workplace safety (OSHA) matters.

Complex Litigation

I litigate complex commercial disputes involving breach of contracts and fiduciary duty, trade secrets, and other high-stakes litigation, including art displaced during times of conflict. I have worked with clients across industries ranging from semiconductors and three-dimensional technology to biotechnology and health care. I excel at understanding complex businesses and processes in the context of legal issues, and resolving disputes in a manner that best serves my client’s interests.

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

• Advise employers in all industries across the United States on compliance with the Families First Coronavirus Response Act (FFCRA) paid leave provisions
• Advise one of the biggest dedicated esports companies in the world on U.S. labor and employment matters
• Partner with a virtual reality (VR) company to provide legal advice and counsel with respect to tournament rules for a VR fighting game, and ancillary services for its first ever VR tournament
• Advised an esports platform, which provides online tournaments, about U.S. regulatory laws governing the space of online gaming tournaments with cash prizes; draft Terms of Service and Privacy Policy; and counsel on employment-related issues
• Litigate complex commercial disputes for companies in industries ranging from semiconductors and three-dimensional technology to biotechnology and health care
• Litigate wage and hour and PAGA actions for the healthcare, trucking, and other industries
• Represented the Thyssen-Bornemisza Collection Foundation in a federal district court trial in which the court delivered a defense verdict for the Spanish Foundation; served as a trial chair and assisted with all pre-trial filings; matter was appealed and litigation continues; Cassirer v. Thyssen-Bornemisza Collection Foundation, 05-cv-03459 JFW (Ex)
• Second-chaired an arbitration involving a breach of contract action brought by a former executive at a solar company
• Second-chaired an NLRB hearing involving the issue of the NLRA conflicting with immigration laws
• Represented a client in the first time the California Court of Appeal evaluated whether an employer’s refusal to rescind a resignation amounts to an adverse employment action under the Fair Employment and Housing Act (FEHA); court affirmatively held the refusal to rescind a resignation is not an adverse employment action under FEHA; Featherstone v. Southern California Permanente Medical Group, 10 Cal. App. 5th 1150 (Ct. App. 2017), review denied (July 12, 2017)
• Represented a client in a matter where the appellate court affirmed the state court’s entry of summary judgment in favor of defendants, concluding it lacked jurisdiction over 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); Johnson v. Kaiser Found. Hosps., No. B268801, 2017 WL 2200140 (Cal. Ct. App. May 19, 2017)
• Filed an amicus brief on behalf of Learning Rights Law Center in support of appellant’s child and parents; Timothy O. v. Paso Robles Unified School District., 14-55800 (9th Cir)

Presentations & Publications

• “Esports: A Thin Line Between Work and Play,” American Bar Association; National Symposium on Technology in Labor and Employment Law Conference, April 2021
• “Home Alone: Gaming Explosion During COVID,” Los Angeles Economic Development Corporation, Webinar, March 12, 2021
• “Women in Gaming,” Los Angeles Venture Association, Webinar, October 15, 2020
• “Gamer Safe Place,” Engine Media Inc., October 1, 2020
• “Next Level: The Past, Present and Future of Esports Law," North Carolina Bar Association, Expert Series CLE, June 1, 2020
• “Think - How Integral is the Development of Media Rights in Esports to the Industry at Large?” ESI Digital Summit, Webinar, May 26, 2020
• “COVID-19 & Post COVID-19: The State of the Gaming & Esports Industry Webinar Happy Hour,” Nixon Peabody, Webinar, May 12, 2020 
• “Esports: Labor & Employment Issues,” February Finale (eSports), Cary, NC, February 2020
• “Game On: The Billion Dollar Esports Industry,” International Council of Shopping Centers Western Conference & Deal Making, Los Angeles, CA, September 2019
• “The most pressing legal issues in esports,” Esports Insider, June 2019
• “Future Forum: The Future of Esports in L.A.,” Los Angeles Economic Development Corporation, Los Angeles, CA, April 2019
• “Esports Legal Issues, Gamer Rights, and Dispute Resolution,” Esports Summit: State of the Industry and Legal Implications, Malibu, CA, March 2019
• “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