Irene Scholl-Tatevosyan

What do you focus on?

Esports & Gaming

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 legal topics affecting the industry 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 healthcare, 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 healthcare. 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 Experience

• Advising one of the biggest dedicated esports companies in the world on U.S. labor and employment matters.
• Conducted independent investigation into allegations of sexual harassment for esports company.
• Partnered with a VR company to provide legal advice and counseling with respect to tournament rules for a VR fighting game, and ancillary services for its first ever VR tournament.
• Advised an esports platform that provides online tournaments about U.S. regulatory laws governing the space of online gaming tournaments with cash prizes, drafting Terms of Service and Privacy Policy, and counseling on the employment-related issues.

• Second-chaired precedential OSHA hearings for large healthcare provider involving personal protective equipment in the workplace.
• Second-chaired an arbitration involving a breach of contract action brought by a former executive for a solar company.
• Second-chaired an NLRB hearing involving the issue of the NLRA conflicting with immigration laws for a client in the entertainment business.
• Cassirer v. Thyssen-Bornemisza Collection Foundation, 05-cv-03459 JFW (Ex): involved in all phases of trial preparation and trial for highly publicized bench trial that resulted in a complete defense verdict.

• Lyles v. Dollar Rent A Car, Inc., 19-55589 (9th Cir.): Ninth Circuit affirmed the trial’s court grant of summary judgment preventing plaintiff from amending her complaint. Ms. Scholl-Tatevosyan was involved with all stages of trial and appellate work.
• Cassirer v. Thyssen-Bornemisza Collection Foundation; 15-55550, 19-55616 (9th Cir.): Ninth Circuit affirmed the district court’s finding at trial that the institution is the lawful owner of the artwork at issue. The plaintiffs’ petition for a writ of certiorari to the Supreme Court is pending.
• 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.

Presentations & Publications

• “Intellectual Property Rights in the Metaverse,” Spring Copyright and Trademark Program – Intellectual Property Rights in the Metaverse, April 26, 2022
• “Building a Strong Studio Culture Microtalks,” San Francisco, CA, March 23, 2022
• “The Future of Esports,” Los Angeles Economic Development Corporation, Dominguez Hills, CA, December 9, 2021
• “World business report,” BBC World News, August 6, 2021
• “FTW with Imad Khan,” Dot Esports, August 1, 2021
• “Gambling & Esports: Major Revenue Opportunities, Major Legal Risks,” 2021 SLA Annual Meeting, May 21, 2021
• “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