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NEWS UPDATES:

ABA Section of Labor & Employment Law
Back by popular demand, Allen Gross Chairs the ABA’s Labor and Employment Law Section’s Second Annual Conference, and has coordinated three of our attorneys to speak at the conference this September in Denver. Bill Cole is speaking on a panel entitled “The Entertainment Industry Wars: Labor and Management Fight for Their Slice of the Digital Pie;” Tony Amendola will address, “Expanding Concepts of Discrimination: Sex, Sex Stereotyping, Gender Non-Conformity and Transgender Claims;” and Suzanne Steinke will moderate a panel, “Between You, Me and the Internet: Technology and Privacy in the Workplace.” For more information, click here.

Independent Contractor or Not?
MS&K is pleased to offer “Independent Contractor or Not? Getting It Wrong Can Really Hurt.” Join members of our Labor, Intellectual Property and Tax departments in a discussion of the significant employment law, intellectual property and tax ramifications of classifying and misclassifying workers as independent contractors. For more information, click here.

MS&K Helps Launch Butaca.tv
Entertainment attorney Rob Rader led the MS&K effort to assist Spanish language content provider Veranda Entertainment launch its broadband video-on-demand site, Butaca.tv, which features a variety of Latino films from Spain, Portugal, Latin America, the Caribbean and the U.S.

MS&K Featured at Video Games Seminar
Two MS&K partners are featured speakers at the Legal & Financial Aspects of Video Games seminar in Los Angeles September 22-23. Andy Katz will discuss "Financing & Protecting Your Intellectual Property Investments," while Marc Mayer will address "Piracy Issues Affecting the Video Gaming Industry." For more information, visit www.networkingseminars.net.

Russ Frackman Addresses "The New Digital Science" at the DRI Intellectual Property Litigation Seminar
At the forefront of some of the most important digital IP cases in the last decade, MS&K partner Russ Frackman will discuss how recent decisions may impact emerging and future digital and cyber claims at the DRI IP Litigation Seminar in Chicago on September 4. For more information visit www.dri.org.

MS&K Partners Among "The 100 Most Influential Attorneys in Entertainment"
The Hollywood Report just announced the 2008 Power Lawyers, and once again MS&K is well represented on this prestigious list by Bill Cole (Labor), Russ Frackman (Intellectual Property & Technology), and Paul LiCalsi (Litigation). To learn more, follow this link.

MSK Obtains US Permanent Residence for Lead Attorney on Bet Tzedek's World Renown Holocaust Reparations Program
On July 8th, Immigration partner David Rugendorf received word of his success in obtaining permanent residence (a "green card") on behalf of the lead attorney for Bet Tzedek's Holocaust reparations project. Working on this matter pro bono, David pursued an innovative strategy to obtain rapid approvals at all of the steps of the tortuous green card process, despite particular regulatory and quota challenges unique to the summer of 2007.

Bet Tzedek is the only agency in the world that offers free help to Holocaust survivors who are applying for reparations, pensions and other benefits from

Germany

and other European countries. The lead attorney benefitting directly from David's efforts is a veteran German lawyer with unique experience whom Bet Tzedek believes to be singularly qualified to handle this highly complex and high-profile project. In congratulating MSK for its work, Bet Tzedek's deputy director noted that the approval of this green card case was critical to the ongoing success of their Holocaust Reparations Program.

Patty Mayer Delivers Keynote to AMEC Emerging Leaders
The Emerging Leaders Section of the Association of Media and Entertainment Counsel has announced that MS&K Entertainment partner Patty Mayer will discuss international film finance at the Mid-Summer AMEC Event to be held at MS&K on July 23rd. For more information and to register, click here. Patty was also the featured speaker at Women In Film International's July meeting, where her insight and experience in international film finance was very well received.

LiCalsi Wins Dismissal of Condit v. Dunne
MS&K litigation partner Paul LiCalsi won a victory for client Dominick Dunne on July 8th in the US District Court for the Southern District of New York which dismissed a defamation case brought by ex-Congressman Gary Condit in connection with Dunne's November 2005 appearance on "Larry King Live." LiCalsi told reporters, "The decision confirms that there was nothing defamatory about Mr. Dunne's expressing his opinion that Condit knows more than he's ever told about what happened to Chandra Levy." For more, click here.

Warrantless Searches Cause Concern for Privacy Rights
MS&K International Trade Counsel Su Ross was quoted in MacNewsWorld regarding recent incidents in which travelers entering the U.S. have been compelled to surrender their laptops, digital cameras, cell phones, and other electronic devices to Customs officials for inspection. The Senate Subcommittee on the Constitution, Civil Rights and Property Rights recently held hearings regarding these warrantless searches, amid travelers' growing complaints. According to Ross, "These seizures have, to my knowledge, rarely resulted in arrests or convictions, and you have to wonder why the agency is using its limited resources on them." To access the entire article, click here.

Bob Lowe Provides Insight Into Severance Packages

MS&K Employee Benefits & Executive Compensation partner Bob Lowe was quoted in the June 2008 issue of Corporate Secretary regarding severance packages. Although generous payments are controversial, Lowe notes that companies are able to evade a storm of bad publicity and provide an attractive environment for prospective candidates when CEOs appear to depart under favorable terms.

Rob Rader Elected Vice Chair of the Malibu Public Facilities Authority
On July 2, 2008, MS&K Entertainment Attorney Rob Rader was elected Vice Chair of the Malibu Public Facilities Authority, a joint exercise of powers of the City of Malibu and Santa Monica College that is tasked with specific projects, including site acquisition and improvements of an instructional facility in Malibu. Rob is also on the Board of Trustees of Santa Monica College.

MS&K Opens New York Office
Los Angeles-based Mitchell Silberberg & Knupp opened a New York office located at 12 East 49th Street, 30th Floor, in Manhattan, that will focus initially in the practice areas of litigation, intellectual property, entertainment and real estate. The firm also has offices in Washington, D.C. “Our deep track record and diverse experience working on a wide range of challenges confronting the media and entertainment industries makes New York City a natural environment for MS&K,” said Firmwide Managing Partner Thomas Lambert. “With the addition of six strong partners in key practice areas, we are ready to offer this market a unique set of capabilities, while providing important service enhancements for our current clients.”

Chambers USA Again Recognizes MS&K for Media & Entertainment Excellence
The highly regarded Chambers USA ~ America's Leading Lawyers in Business has just released its 2008 edition in which MS&K is once again ranked among the nation's leading Media & Entertainment litigation practices. In addition, partners Russ Frackman and Patricia Mayer were singled out for their expertise in Media & Entertainment litigation and transactions, respectively.

MS&K Ranked Among the Pre-Eminent Firms in the US by The Legal 500 for Intellectual Property and Tax/Estate Planning/Charitable Sector
Highly respected, The Legal 500 (2008 edition) has ranked MS&K among the top six Intellectual Property/Copyright practices in the nation, and named Russ Frackman a Leading Lawyer nationally in the area of Intellectual Property/Copyright. "No single attorney is involved in as many cutting-edge copyright infringements" as Russ, according to The Legal 500. The guide also singled out George Brokowski's "top-notch expertise" and Karin Pagnanelli's ability to explain complex legal issues in a way clients can understand.

MS&K's Tax practice was distinguished by The Legal 500 as among the very best in the West, praising in particular the firm's "exceptional niche expertise in the not-for-profit sector" and national reputation for innovation in tax-efficient gift planning. Jeff Davine was deemed "an excellent choice for tax controversy matters" for non-profit organizations, while Allan Cutrow's "respected niche in charitable gift and estate planning" was also mentioned. David Newman's handling of a recent complex school acquisition and tax-exempt bond financing matter was noted as well.

MS&K Brings "Epic Fu" to Revisions3
Entertainment attorney Rob Rader represented online content producer Smashface in the recently announced licensing and distribution deal by which its wildly popular web-based pop culture show, "Epic Fu, The Owner’s Manual for the Web," will join Revisions3's online network of original, broadcast-quality shows.

Court Denies Application to Attach $5+ Million in Client's Assets
Representing an international clothing wholesaler and retailer, MS&K litigator Paul Guelpa argued persuasively in LA Superior Court that plaintiff, a prominent San Francisco shopping mall, had failed to demonstrate the probable validity of its claim by admissible evidence. The court denied plaintiff's motion for a right to attach order in connection with our client's termination of tenancy at the mall.

Lauren Wachtler Appointed to Blue Ribbon Task Force To Examine Wrongful Convictions in NY
NY State Bar Assn. President, Bernice Leber, has appointed MS&K litigation partner Lauren Wachtler to the new Task Force on Wrongful Convictions that will study the systemic, procedural and statutory causes that contribute to wrongful convictions in New York and develop a platform of regulatory, legislative, statutory and procedural reforms. For more information, follow this link.

MS&K Succeeds in Compelling Fontana Police to Respond to Security Alarms
Representing the Inland Empire Alarm Association (IEAA), Arthur Fine and Douglas Bordewieck challenged the City of Fontana and its Police Dept. which had implemented a policy in October 2007 requiring alarm companies to verify the legitimacy of an activated alarm before dispatching police. The San Bernardino Superior Court agreed with MS&K that the 1968 City of Fontana Burglar Alarm Ordinance compels police to respond to all activated alarms, prohibiting the Police Dept. from further implementing its verification policy.

Susan Kohn Ross Appointed Vice-Chair of ABA National Security Committee

Head of MS&K's International Trade Practice, Su Ross has been appointed Vice-Chair of the National Security Committee of the ABA Section of International Law. She also serves on two sub-committees formed by Homeland Security's Departmental Advisory Committee on Commercial Operations of Customs & Border Protection, and is a member of MS&K's Homeland Security practice. Su is recognized nationally as a leader in the areas of customs, international trade, transportation and import/export law.

MS&K Explores Constitutional Implications Of Subprime Crisis

Seth Pierce and Andrew Katz, members of MS&K's Subprime Practice Group, authored a just-published chapter in "Navigating the Subprime Lending Industry, Leading Lawyers on Understanding the Subprime Collapse, the Causes of the Current Lending Climate, and the Industry's Pending Future." The chapter focuses on the constitutionality of interest rate freezes and foreclosure moratoriums -- two "solutions" promoted by various Presidential candidates and consumer advocacy groups. With the assistance of Paul Guelpa, Seth and Andy offer a thoughtful and evenhanded analysis of the legal viability of such measures. The complete chapter is available here. MS&K's Subprime Practice Group is an interdisciplinary team of litigation, bankruptcy and corporate lawyers with substantial experience navigating and litigating subprime related issues. For more information, contact practice chair Jean Nogues at jpn@msk.com, Seth at sep@msk.com, or Andy at aek@msk.com.

Karin Pagnanelli Named One of the Top 50 IP Lawyers Under 45

IP Law & Business (May 2008) recognized MS&K's Intellectual Property and Litigation Partner, Karin Pagnanelli, as being among a select group of IP attorneys who are "distinguished by their sheer brainpower, legal smarts, creativity and hard work." See http://www.ipww.com/.

Lauren Wachtler Hosts "Making a Career Comeback" Series at MS&K

Chair of the NY State Bar's Special Committee on Lawyers in Transition, Lauren Wachtler announced a five-part lunchtime series for attorneys re-entering the workforce to be held at MS&K's NY office. There is no charge to attend, but pre-registration is required. For more information, visit www.nysba.org/LawyersinTransition.

Andrew Katz Represents Flagship Studios in Innovative Independent Videogame Finance Transaction

March 26, 2008 - Flagship Studios, the San Francisco-based creator of both Hellgate: London and Mythos for PC, and Comerica Bank, a Texas-based regional bank, today announced that they have closed an innovative finance transaction to support Flagship's continuing development of AAA and online game franchises. Using an independent film financing model as its basis, Comerica Bank has created a multi-million dollar facility backed by the sale and distribution rights to Flagship's game franchise Hellgate: London. For more information, please click here.

MS&K Finalizes Deal for CBS to Share CSI Franchise

Entertainment partner Patricia Mayer led a team, including corporate partner Andrew Katz, that represented CBS Corporation in closing a comprehensive agreement with a private equity fund (“Fund”) governing their partnership in the CSI franchise, which includes the television series entitled “CSI: Crime Scene Investigation,” “CSI: Miami,” and “CSI: NY.” For more information, follow this link.

MS&K Attorneys Once Again Rank High for Labor & Employment and Entertainment
Head of MS&K's Labor & Employment Group, William Cole, is ranked among "The Nation's Top 50 Most Powerful Employment Attorneys" in a list prepared for the current issue of Human Resource Executive by LawDragon. In addition, Chambers USA just announced that MS&K will again be recognized in 2008 for its Media & Entertainment California Litigation practice, with Russell Frackman and Patricia Mayer deemed "Leaders in their Field" of Media & Entertainment Litigation and Media & Entertainment Transactions, respectively.

MS&K Launches "Subprime" Practice Group
Mitchell Silberberg & Knupp has formed a multi-disciplinary practice group of litigation, bankruptcy and corporate lawyers to assist clients in weathering the liquidity, investment and legal challenges sparked by the subprime mortgage lending crisis. These lawyers specialize in the areas of financial services, bankruptcy and insolvency, litigation and investigations, securities, real estate, capital markets, hedge funds, class actions, and insurance. MS&K's Subprime Practice Group is available to help guide banks, investment banks, hedge funds, warehouse lenders, mortgage originators, underwriters, investors, and others involved in the subprime mortgage industry both prior to and throughout the legal process. For more information, contact Jean P. Nogues (jpn@msk.com or 310-312-3152) or Andrew E. Katz (aek@msk.com or 310-312-3738).

Workforce Management Turns to Frida Glucoft for Immigration Law Expertise
When Microsoft announced plans to open a software development facility in Vancouver as a way around U.S. visa caps that limit the company's ability to recruit top talent for U.S. positions, Workforce Management contributing editor Fay Hansen spoke with Frida Glucoft, Chair of MS&K's Immigration Practice, about specific techniques for maximizing the utility of H-1Bs and alternative visa strategies.

Steve Schneider Gives the Inside Counsel Insight into the TJX Litigation

In re TJX Companies Retail Security Breach Litigation constitutes "a line in the sand" drawn by banks and credit card companies against alleged security deficiencies by retailers, according to MS&K partner Steve Schneider who told Inside Counsel Magazine that the key may be "what reliance the issuing banks actually placed on the representation (by TJX and Fifth Third) and whether that reliance is justified." Read the article here.

Success in Pro Bono Nature Conservancy Case
MS&K has won another major victory in a pro bono case led by veteran litigator, Art Fine. Partners Jeff Davine and David Newman also work closely with The Nature Conservancy, a long-time client of the firm's Charitable Sector Practice. The case involved an animal rights group challenging the effort of The Nature Conservancy to increase the chances of indigenous wildlife surviving on Santa Cruz Island (off the coast of California). The plaintiffs contended that The Nature Conservancy failed to comply with the National Environmental Protection Act when it implemented a program of encouraging endangered native foxes by controlling a domestic turkey population that had been introduced to the island.

LEGAL UPDATES:

Immigration Alert
The Immigration Department has released an alert regarding consular delays and other travel-related issues. To read the alert, click here.

Labor & Employment Alert
The Labor & Employment Department has released an alert regarding a California Court of Appeal's recent decision on meal and rest period requirements. To access the alert, click here.

International Trade Alert
The International Trade practice has released an alert regarding: ATA sues LA and LB ports; amended COOL rules taking effect; CBP's version of the COOL rules; and fusion and security - the latest odd couple. To access the alert, click here.

Charitable Sector Letter
The latest edition of MS&K's Charitable Sector Letter is available online. This issue discusses: new IRS electronic filing requriements for small charities; legislation regarding conservation easements; reformation of charitable remainder trusts; and ACGA annuity rates.

Intellectual Property & Technology Newsletter
The latest edition of MS&K's Intellectual Property & Technology Newsletter is now available online. This issue discusses 360 Deals, protecting your IP through U.S. Customs, and managing the risky business of copyright infringement suits.

This website is for informational purposes only and does not constitute legal advice. Attorney Advertising. This site was last updated: 08-27-08.