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NEWS UPDATES:

MS&K Hosts Union Night July 13 at Busby's
MS&K invites our colleagues in the video game, film, television and comic book industries to join us at Busby's (3110 Santa Monica Blvd., Santa Monica, CA 90025) for Union Night, an evening of exciting game debuts, complimentary food and drink (7-9 PM), and pre-Comicon networking.

Free Webcasts for Lawyers: Career Development in a Down Economy
The NY State Bar Association's Lawyers in Transition Committee, chaired by MS&K litigation partner Lauren Wachtler, is providing seminars on job searches, networking and alternative careers. Three free webcasts will take place on July 9, July 22 and August 13 and are available to all attorneys who pre-register at www.nysba.org/LawyersinTransition.

Metalitz Quoted Regarding Cybersquatting and Domain Parking
IP partner Steve Metalitz was quoted widely (Computerworld, InfoWorld, The Industry Standard) regarding the rise of domain name disputes. Intellectual property owners fear the impending flood of generic top-level domains (GTLD) will result in increased cybersquatting and other trademark abuses. Metalitz, speaking as president of the Intellectual Property Constituency (IPC), an ICANN-sanctioned organization that advocates on behalf of brand owners, discussed problems locating the offending registrars and enforcing penalties against them.

Immigration Partner Frida Glucoft Discusses Immigration Reform in the July Issue of Inside Counsel
In the article “Employers Seek Solutions to Immigration Impasse,” MS&K immigration practice chair Frida Glucoft advises employers to conduct internal audits in order to avoid fines concerning employees with I-9s. She states that despite the expectation of upcoming immigration reform, which would legalize undocumented workers without criminal records, employers should avoid complacency and maintain accurate records.

Weller Describes Pros and Cons of Social Media Sites for Businesses
MS&K Intellectual Property partner Howard Weller addressed the promotional opportunities afforded companies by social media sites in a recent NY Times article, "Keeping a True Identity Becomes a Battle Online," by Brad Stone. But Weller cautioned that "these are all new avenues for abuse, and it's more resources trademark owners need to devote to policing and enforcement."

MS&K is "Clearing Up Matters of Clearance" for WIF and Others
MS&K partners Patricia Mayer, Karin Pagnanelli, Eric Schwartz and Jane Stevens discussed the clearance issues under copyright, trademark and related laws involved in using pre-existing artwork and music in motion pictures to SRO audiences on June 23rd and 24th. Co-hosting the event was Women In Film.

MS&K Explores Immigration Aspects of Workplace Reductions and Reorganizations in an Economic Downturn
At the ABA Annual Meeting, MS&K Immigration Chair Frida Glucoft and associate Janice Luo will describe the required actions and important issues that companies need to know when facing the prospect of workforce reductions, lay-offs and terminations of foreign workers. More information can be found here.

Wachtler's Committee Helps Lawyers in Transition Cope with Stress
MS&K litigation partner Lauren Wachtler, chair of the NY State Bar Association's Lawyers in Transition Committee, was quoted in the June 19 online issue of Law360 regarding the assistance the Committee provides to Bar members coping with the stress of lay-offs and added pressures in the workplace. For more information, click here.

MS&K Tax Practice Recommended by The Legal 500 2009
Respected the world over, The Legal 500 directory describes MS&K's CA-based domestic tax practice as providing "excellent support to the firm's principal client following of privately-held companies, not-for-profit institutions and high-net-worth individuals and families…The practice strength in individual and estate tax planning is also very well developed." Practice co-chair David Newman is recognized as "an expert in state and individual tax planning," and partner Jeffrey Davine's experience handling a wide range of tax disputes is also lauded.

New and Proposed Laws Impact Group Health Plans
In the current issue of Employee Benefit News, MS&K Employee Benefits & Executive Compensation partner Robert Lowe reviews the flurry of new federal legislation affecting group health plans and ponders the impact this trend toward increased federal oversight of health plans may have on employers. To view the article, click here.

Credit CARD Act Controversy
MS&K partner Steve Schneider opined in Transaction World's "Washington Outlook" column regarding how the Act has been transformed by the Senate Banking Committee and the possible impact of increased Government regulation on acquirers and ISOs. To read the article, see www.transactionworld.com.

Discretionary Trusts
In his article "Exercising Discretion in Administering Discretionary Trusts," featured in the June issue of Estate Planning, Trusts & Estates associate Seth Krasilovsky presents guidelines for trustees of discretionary trusts to help them avoid a minefield of uncertainty and to discharge their "discretionary responsibilities" in a manner that will withstand judicial review. To read the article, click here.

Putting the Green in Green Card: An Immigration Policy for an Ailing Economy and a Sustainable Planet
MS&K Immigration partner David Rugendorf makes a case in the latest Environmental Law Reporter for the US to become the world's “brain magnet” in order to achieve the promise of a green economy. To learn how a modified H-1B program and expanded permanent residency options would further a green agenda without sacrificing jobs for Americans, read the article.

Eric Schwartz looks Beyond Pirate Bay at Commercial IP Piracy
MS&K Intellectual Property partner Eric Schwartz joins an ABA panel on June 11 to examine how the recent Swedish court decision, which found top executives of Internet Service Provides (ISP) guilty of criminal copyright infringement for facilitating illegal internet copying and file sharing, will have legal and international ramifications. For details visit www.abanet.org.

Breached CDA Bar Puts Online Services At Risk
Intellectual Property associate Emily Evitt authored this guest column, featured on Law360 (http://www.law360.com). In her article, Ms. Evitt discusses the recent New York District Court decision in Atlantic Recording Corp v. Project Playlist which held that the Communications Decency Act does not apply to state and common law copyright claims. For the entire article, click here.

Eric German and Fellow Members of S.T.A.K.E. Award Scholarship for Social Entrepreneurship
Sub City Non-Profit Organization, the charity arm of independent record label Hopeless Records, has joined S.T.A.K.E. (Sharing, Training, Assistance, Knowledge, and Education) Club and Pepperdine University in creating a $10,000 scholarship program for young individuals who have the talent but not the means to bring their world-changing ideas into reality. Intellectual Property partner Eric German, a founding member of S.T.A.K.E., joins the organization in awarding the 2009/2010 scholarship to Pepperdine law and masters student Benjamin Anderson.

Cole and Levin Among the Nation's Most Powerful Employment Attorneys
Human Resource Executive just announced the nation's Top 100 Most Powerful Employment Attorneys and among them were MS&K partners William Cole and Adam Levin. In the list, prepared by Lawdragon, a Los Angeles-based networking site for lawyers and clients, Cole's focus on class actions and traditional labor law, including NLRB proceedings, is noted. Levin's experience with class action and single plaintiff employment litigation, including wage and hour, discrimination and harassment matters, is also recognized.

Marc Mayer Cites the Difference Between "Actual Distribution" and "Making Available" May Determine Copyright Infringement
In the Entertainment Special Issue of Los Angeles Lawyer, MS&K intellectual property partner Marc Mayer, with assistance from associate Emily Evitt, analyzes the current battle over copyright protection in the context of peer-to-peer networks, and the broader implications for copyright owners as well as investigators policing copyright infringement, in his article, "Distributive Principles," which can be accessed here.

Susan Ross Discusses the Impact of Political Leadership on Trade Status and Markets Worldwide
International Trade Counsel Susan Ross is speaking at the first Cool Cargoes Conference in Portland, OR, which addresses the major issues driving the refrigerated and frozen cargo industries, such as perishable foods, pharmaceuticals and medical supplies. Su and fellow panelists consider whether safety concerns are at times merely a veil for protecting powerful political blocs in trade negotiations, and other important issues.

Steven Metalitz Represents Copyright Owners at Public Hearings Regarding Proposed Exemptions to DMCA
MS&K intellectual property partner Steven Metalitz spoke on behalf of copyright owners, including the Motion Picture Association of America and Association of American Publishers, at hearings on proposed exemptions to the DMCA held at Stanford University by the US Copyright Office.

David Newman Sharing Expertise in Charitable Gift Planning
MS&K partner David Newman just returned from speaking at the charitable gift planning conference sponsored by State Street Global Advisors, but will present a special workshop on charitable gift annuities at the Western Regional Planned Giving Conference, and is the keynote speaker at the Conference on Charitable Giving sponsored by The Silicon Valley Community Foundation and Stanford University's Office on Planned Giving.

Matthew Williams Speaks at AMEC New Media Seminar
MS&K intellectual property associate Matt Williams, whose article "Congress Should Amend the Copyright Act to Protect Transactional Watermarks" appears in 23 Berkeley Technology Law Journal 1367 (2009), has been invited to present at the Association of Media & Entertainment Counsel (AMEC) program in New York. For more information, click here.

MS&K Represents SAFE Security in Closing $25 Million Credit Facility and Acquisition of California Security Alarm
Les Gold and Dennis Stern, assisted by Jan Powers and Danny Leon, represented SAFE Security^®, one of the nation’s largest security alarm companies, in the successful negotiations of a new $25 million senior credit facility with Bank of America, which was closed on April 17, 2009. In conjunction with the credit facility transaction, MS&K also assisted SAFE’s management team in the final negotiations and closing of its acquisition of California Security Alarm, a San Ramon, California-based company that is a UL Listed central station with approximately 4,200 accounts.

Russell Frackman Again Recognized as Top Intellectual Property Litigator
The Daily Journal has released its annual list of Top 75 IP Litigators in California, and once again MS&K partner Russ Frackman was recognized for his extensive work in 2008, particularly defending entertainment industry clients "in cases ranging from the use of trademarks in video games to representing NBC Universal Inc. in its efforts to police the Internet for unauthorized material from the Summer Olympics."

Hayes Honored by Public Counsel as The Consumer Law Project’s “Advocate of the Year”
Litigation associate Dan Hayes will be honored the Consumer Law Project’s “Advocate of the Year” at Public Counsel’s 10th annual Volunteer Appreciation Celebration on April 14, 2009. Dan, working with the team of Mike Chait, Amir Kaltgrad, and Elana Moses, is being recognized for the exemplary pro bono service he provided to his client and his support of Public Counsel. For details about this pro bono victory, click here.

NY State Wrongful Conviction Task Force Recommendations Endorsed by NYSBA House of Delegates
MS&K litigation partner Lauren Wachtler joined with criminal defense attorneys and prosecutors from throughout the state in investigating incidences of prosecutorial and police misconduct in NY, resulting in a 185-page report that was presented to and unanimously endorsed by the House of Delegates of the NYSBA on April 4, 2009. Legislation addressing Task Force recommendations is already being discussed among NY lawmakers.

Allan Cutrow Outlines Gifting Strategies in WSJ
Allan Cutrow, who co-chairs MS&K's Trusts & Estates practice, provided The Wall Street Journal with some tax-savvy strategies art owners might follow in transferring assets to family members or charities. Full story.

MS&K Provides An Updated Guide to Donor-Advised Funds
David Newman, Chair of the firm's nationally recognized Charitable Sector Practice, and associate Jacey Hayes co-authored "An Updated Guide to Donor-Advised Funds" that appears in the March/April 2009 issue of Taxation of Exempts. Donor advised funds, the fastest-growing charitable giving vehicle, are both effective and affordable. In this article, David and Jacey explain how donors and charities can maintain a successful donor advised fund program while complying with the new regulatory scheme. For the complete article, click here.

Three Labor & Employment Partners Named to Who's Who Legal: California 2009
Bill Cole, Larry Drapkin, and Allen Gross have been named in Who's Who Legal: California 2009, published by Law Business Research, Ltd. All three have been recognized by their peers as leading Management Labor & Employment attorneys in California. Only 41 attorneys were named to the list.

MS&K Ranked Among "America's Leading Lawyers for Business"
Chambers USA, one of the most respected directories of "America's Leading Lawyers for Business," has just issued its selection for 2009. MS&K was singled out as a leading firm in CA for Labor & Employment and Media & Entertainment Litigation. In addition, the following MS&K partners were ranked among the leaders in their fields: Patty Mayer - Media & Entertainment Transactions (CA), Russ Frackman - Media & Entertainment Litigation (CA), Bill Cole - Labor & Employment (CA), and Jane Stevens - Media & Entertainment Copyright and Contract Disputes (NY).

MS&K International Trade Counsel Addresses Impact of Obama Proposals at Security Growth Conference
Susan Kohn Ross, nationally recognized expert on international trade issues, discussed the legal impact of new regulations from the Obama Administration on the U.S. security industry at the invitation-only conference for industry executives and investors. For more information, click here.

29 Chosen to 2009 Southern California Super Lawyers List
Twenty-nine MS&K attorneys have been selected for inclusion in Southern California Super Lawyers magazine which recognizes the top 5% of lawyers in Southern California. Labor & Employment partner Kimberly Talley was singled out as one of the Top 50 Women Lawyers in Southern California. For the full list of attorneys, click here.

MS&K Ranked Among the Leading Tax Law Firms in the West
Citing a "solid general tax practice" and "niche expertise in the not-for-profit sector, where its reputation …is almost national in scope" and "known for innovation," UK publisher Legalease included MS&K in the 2009 Tax Directors Handbook, The Essential Guide to the World's Premier Tax Law Firms. David Newman, Allan Cutrow and Jeffrey Davine were singled out for their expertise in the not-for-profit sector.

Proposed Federal Labor Legislation Will Change Balance of Power in the Workplace
MS&K Labor & Employment partner, Steven Schneider, discussed in a guest column in the Los Angeles Daily Journal a number of pro-union bills that would dramatically disadvantage management, should they pass. To read this article, click here.

MS&K Helps Launch The Partnership for an HIV-Free Generation
MS&K is pleased to join an "unprecedented coalition" of private and public sector leaders, coordinated by the U.S. President’s Emergency Plan for AIDS Relief, to address HIV prevention in youth. Jeff Davine, Felicia Chang and Laura Lanchester served as pro bono tax and legal counsel to The Partnership which combines 21st Century technology with the latest evidence-based prevention techniques. To learn more, click here.

MS&K's Commitment to the Environment
Mitchell Silberberg & Knupp has demonstrated its commitment to the environment over the past decades. Long before "going green" became fashionable among companies in general, and law firms in particular, MS&K recognized the importance of ecology and the responsibility we each have toward the planet that we share. In an effort to minimize the environmental footprint left by the firm, we have established a comprehensive and growing array of policies and procedures to which we all adhere. To learn more, click here.

MS&K Ranked Among "The Best Lawyers in America 2009," and Ranked #1 in Immigration Law in Los Angeles
Frida Glucoft, Chair of MS&K's Immigration Practice, is among ten attorneys from MS&K named among The Best Lawyers In America 2009. Other "Best Lawyers" include: Bill Cole, Larry Michaels and Steve Schneider for Labor & Employment Law; Allan Cutrow for Trusts & Estates; David Newman for Tax and Non-Profit/Charities Law; Bob Lowe for Employee Benefits Law; Andy Katz for Corporate Law; Russell Frackman for Entertainment Law; and Marvin Leon for Real Estate Law.

MS&K Partners Among "The 100 Most Influential Attorneys in Entertainment"
The Hollywood Reporter 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.

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.

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.

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.

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:

Intellectual Property & Technology Newsletter
The most recent Intellectual Property & Technology alert is available here.

Immigration Alert
The Immigration Department has released an alert regarding green cards for investors in troubled businesses. To access the alert, click here.

International Trade Alert
The most recent International Trade alert is available here.

Labor & Employment Alert
The Labor & Employment Department has released the following alert: "New Law Serves Up Additional Menu Items For Alternative Workweeks." To access the alert, click here.

Corporate Alert
The most recent alert from the Corporate Department is available here.

Charitable Sector Letter
The latest edition of MS&K's Charitable Sector Letter is available online. In this issue: IRS Proposes Regulations on Substantiation and Reporting of Charitable Contributions; IRS Proposes Controversial Regulations That Would Negatively Affect Charitable Lead Trusts; The Book Shelf: Charity on Trial, by Doug White.

This website is for informational purposes only and does not constitute legal advice. Attorney Advertising. This site was last updated: 07-02-09.