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- Charitable Sector
- Class Action Defense
- Corporate & Business Transactions
- Economic Recovery
- Employee Benefits & Executive Compensation
- Employee Stock Ownership Plans (ESOP)
- Entertainment & New Media
- Entertainment Litigation
- Environmental Law
- Fashion Industry
- Homeland Security & Regulation
- Immigration
- Intellectual Property & Technology
- International Trade
- Labor & Employment
- Litigation
- Real Estate
- Restructuring & Bankruptcy
- Tax
- Trusts & Estates
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ABOUT MS&K |
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1908
Shepard "Shep" Mitchell and Mendel "M.B." Silberberg meet as new attorneys at a Los Angeles firm and decide to go into practice together. Mitchell, a brilliant legal analyst, told the charismatic extrovert, Silberberg, "You bring in the clients and I'll turn out the work."
1920s
Silberberg became a trusted advisor to Columbia Pictures founder Harry Cohn, and so began MS&K's ongoing and unmatched relationship with the entertainment industry. There were no lawyers at the studios at that time, but Silberberg was given an office on the Columbia lot, the start of a tradition of loaning out MS&K attorneys to studios that continues to this day.
The stock market crash and the depression that followed caused the demise of many businesses and law firms. MS&K grew by assisting prominent companies, such as national insurance firms, in need of sophisticated legal counsel for complex reorganizations.
1930s
In the early 1930's, Guy Knupp, a law school classmate of Mitchell's and a superlative litigator, joined the firm and Mitchell Silberberg & Knupp was born.
MS&K expanded its Litigation, Corporate and Entertainment practices to serve a growing and diverse clientele.
1940s
Friends from college, Arthur Groman and Chester "Chet" Lappen joined the firm where, like so many MS&K attorneys and staff, they would devote their entire careers. What was unique about Groman and Lappen was the profound influence they had on the firm's litigation and corporate practices, respectively, each becoming a practice chair.
The firm negotiated the sale of Liberty Films to Paramount Pictures. Liberty was founded in 1945 by Sam Briskin and directors Frank Capra, George Stevens and William Wyler. Under terms of the sales agreement, Liberty became a subsidiary of Paramount; Capra, Stevens and Wyler were given producer-director status at the studio; and Briskin became a Paramount executive. MS&K attorneys continue to assist studios with Corporate and Real Estate transactions, and arrange innovative secured and unsecured debt financings for film, television, media and software production and distribution.
MS&K was engaged to represent the Estate of Ernst Lubitsch, whose distinctive "Lubitsch touch" graced an unforgettable string of film comedies. That was not the first time our Trusts & Estates practice administered the estate of a famous individual, nor would it be the last. We have been privileged to plan and administer the estates of such diverse luminaries as William Randolph Hearst, Irving Berlin, Albert Einstein, John Coltrane, Marilyn Monroe, the Wright Brothers and Elvis Presley.
1950s
MS&K helped Paramount buy a 50% interest in International Telemeter Corporation, one of the first pay community television systems -- literally coin-operated TV. A public test of this service was conducted in Palm Springs via close-circuit TV. When Paramount aired "Forever Female" over this pay service concurrent with the film's theatrical premiere, the initial response was overwhelming. That system was a precursor to Pay TV, Video on Demand, Satellite TV, and other exciting new and emerging digital delivery mechanisms that have become a such major component of the entertainment industry.
New Yorker Armand Hammer was referred to MS&K by a New York law firm when he was searching for counsel in Los Angeles. On a napkin at the Beverly Hills Hotel, Arthur Groman roughed out what would become the documents forming Occidental Petroleum, and so began a life-long friendship between these extraordinary men and a lasting professional relationship between Occidental Petroleum and MS&K.
Edward "Eddie" Rubin began representing the newly created Association of Motion Picture Producers, predecessor of the Alliance of Motion Picture and Television Producers (AMPTP). Eddie Rubin would go on to chair MS&K's Entertainment practice, represent several major motion picture studios, become a noted author and law school professor, and serve as President of the California State Bar Association.
1960s
Norma Zarky became the first woman partner at MS&K. A truly remarkable woman and an exceptional entertainment attorney, she paved the way for a succession of women to follow her into the partnership. Norma Zarky blazed other important trails, too. She was the first woman to serve as president of the Beverly Hills Bar Association and was a founding member of Women in Film, which issues an annual humanitarian award in her name.
The piracy of recorded material dates back to the first recordings. However, the advent of tape cassettes, and ultimately CDs and DVDs, enabled true mass production of pirated material. Representing all of the major record labels at the time, MS&K launched a successful campaign to seize pirated recordings and shut down pirating operations. Even now, our Intellectual Property & Technology practice is still sought after by recording and production companies as well as manufacturers, publishers, entrepreneurs and countless others to provide worldwide representation in the protection, enforcement and exploitation of intellectual property rights.
1970s
MS&K's Labor & Employment practice represented the AMPTP before the National Labor Relations Board (NLRB), and ultimately the US Supreme Court, in the watershed case American Broadcasting Cos., et. al. v. Writers Guild of America which held that the WGA could not legally fine members who crossed a WGA picket line in order to perform producing (not writing) duties. Throughout its history, MS&K has regularly represented the entertainment industry's multi-employer bargaining Association in high-stakes arbitrations under the various Guild and union contracts. MS&K has always been at the forefront of representing management in labor and employment law matters in a wide variety of industries and settings.
MS&K's Litigation practice defended a national accounting firm in what was then the largest securities fraud class action that had ever been filed. Our client, including two of its partners, stood accused of facilitating a massive fraud in connection with the Equity Funding scandal. Through diligent and dogged but also creative lawyering, MS&K was able to extricate our client from the Equity Funding litigation. MS&K continues to maintain a track record of success in defending class action, mass-plaintiff and other complex litigation matters, working closely with each client to evaluate liability, develop strategies to reduce or eliminate exposure, and finally dismiss or, if necessary, creatively settle the action.
When sports entrepreneur Jack Kent Cooke, then owner of the Los Angeles Lakers, the Los Angeles Kings and the "Fabulous" Forum that housed both teams, looked east to pursue investments, he looked to MS&K to help him realize his dream. MS&K's skilled attorneys devised a complex and ingenious plan that enabled Cooke to sell both teams and to acquire the famed Chrysler Building, among other East Coast properties, in a tax-free exchange for The Forum. Then as now, the MS&K Tax practice provides sophisticated, innovative solutions to corporations, individuals and nonprofit entities. In addition, MS&K has particular expertise in the legal and tax aspects of charitable gift planning, having earned a national reputation for innovation and creativity in structuring current and deferred charitable gifts.
1980s
By the 1980s, MS&K's Immigration practice had emerged as a rare specialty among corporate law firms. Our Immigration attorneys worked closely with our music and entertainment clients to ensure that performers and their crews could appear on international touring and recording commitments. Offering a nuanced understanding of the hurdles employers now face in recruiting technical and creative employees into the country for short- or long-term stays, MS&K's Immigration practice today provides a full range of immigration services to multi-national corporations, public and private businesses and others in a variety of industries.
1990s
Corporate partner and security industry specialist Lessing "Les" Gold joined MS&K, bringing with him Protection One, a company he had formed in 1991. MS&K handled an IPO that allowed Protection One to be traded on the NYSE and, over the next few years, MS&K's Corporate attorneys represented the client in a series of additional offerings, raising several hundred million dollars, and in numerous acquisitions. By the time MS&K represented the client in its sale to Western Resources, Inc., Protection One had a transaction value of close to one billion dollars. MS&K has remained very active in the area of mergers and acquisitions, having represented security alarm companies in the U.S. and abroad, purchasers and sellers, in nearly every major M&A transaction since the Protection One sale.
MS&K successfully represented Fred Goldman in his high-profile civil suit in which a jury found that O.J. Simpson was liable for the wrongful death of Ronald Goldman. MS&K Litigation attorneys also served as lead defense counsel in coordinated class action suits brought against five manufacturers of acrylonitrile butadiene styrene (ABS) pipe, involving complex insurance issues and resulting in a very successful settlement for our clients. Keeping aloft the torch that was passed from Guy Knupp and Arthur Groman, MS&K's Litigation attorneys bring skillful representation to clients in a wide range of businesses and industries, frequently trying cases when necessary, both to judges and juries, and regularly handling administrative trials and hearings before federal, state, and local agencies.
2000s
Throughout the decade, MS&K continued to live up to the highest professional standards set by its founders. There follows just a few examples.
The Intellectual Property & Technology practice, for example, represented the record company plaintiffs as lead counsel in the seminal internet file sharing litigation, A&M Records, Inc. v. Napster, and in their historic suit against the Kazaa/Sharman, StreamCast, and Grokster peer-to-peer internet services, through appeal to the United States Supreme Court and post-appeal litigation, resulting in one of the most significant copyright decisions by The Supreme Court to date. Team MS&K served as lead counsel in two precedent-setting decisions involving the scope of the Digital Millennium Copyright Act, in a Ninth Circuit case of first impression which applied the First Amendment to the use of trademarks in video games, and in the largest series of cases ever brought involving the sampling of sound recordings and musical compositions. We were also retained by NBC/Universal to police the internet for unauthorized uses of material from the 2008 Olympic games.
MS&K's Labor & Employment practice demonstrated its expertise when it served as lead counsel in what may have been the largest labor arbitration ever held in the motion picture industry, successfully representing three studios in a 30-day arbitration with SAG, WGA and DGA concerning residuals on sales of home videos in foreign markets. MS&K also successfully represented Warner Bros. Television Production, an independent production company and several individual writers in a high-profile, wrongful termination and harassment suit brought by a former writer's assistant for the hit TV show "Friends." After obtaining summary judgment and an award of attorneys' fees for our clients, MS&K argued the case of Lyle v. Warner Bros. Television Production before the California Supreme Court, resulting in a unanimous decision in favor of our clients. In addition, MS&K has successfully defended many employers in single-plaintiff, multi-plaintiff and class action lawsuits involving allegations of employment discrimination, wage and hour violations, wrongful termination and unfair competition.
To better serve a global client base, MS&K opened two East Coast offices: Washington, D.C. (2002), now occupying the entire 8th floor of 1818 N Street, N.W., and New York City (2008), at 12 East 49th Street, 30th floor. The outstanding attorneys who are resident in these new locations possess a unique depth and breadth of experience in Entertainment & New Media transactions, Intellectual Property & Technology, and complex business Litigation. MS&K attorneys based in Los Angeles, and their clients, are frequent visitors to these busy offices, too.
Responding to market changes and client needs, MS&K launched three new practice specialties. The International Trade practice represents domestic and foreign clients in matters involving customs and international trade, international transportation and maritime law, and food and drug law as it relates to the import/export and interstate distribution of products. The Subprime group, comprised of litigation, bankruptcy and corporate lawyers, assists clients in weathering the liquidity, investment and legal challenges sparked by the subprime mortgage lending crisis and resulting economic downturn. The Homeland Security & Regulatory practice, coupling the firm's unparalleled experience in the security services industry with its nationally recognized expertise in the areas of immigration and international trade, addresses the transactional and regulatory issues arising out of the events of 9/11, at the federal and state levels.
In 2008, MS&K celebrated its 100-Year Anniversary by endowing a $100,000 scholarship fund to financially assist socio-economically disadvantaged students attending the UCLA School of Law. By endowing The Mitchell Silberberg & Knupp, Edward Rubin & Norma Zarky Endowed Scholarship Fund, honoring the memories of two seminal figures in the history of MS&K, the firm expressed its appreciation for a century of success by reinvesting some of its good fortune into the lives of promising law students who need a helping hand in order to pursue their dreams of a legal career.
In 2009, MS&K was named "The Media and Entertainment Law Firm of the Year" by the Association of Media and Entertainment Counsel (AMEC). According to AMEC Co-Founder Arnold Peter, "MS&K is clearly one of the trail blazing firms and thought leaders for the entertainment industry. When there is an industry-wide legal challenge, we consistently turn to MS&K and its partners, many of whom are legends in their respective specialties. AMEC is honored to have the opportunity to recognize MS&K as it continues to lead the entertainment industry in these times that are both challenging and exciting."







