M. K. Gordon

[email protected]

T: (213) 406-2916
F: (213) 613-0550

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Education & Honors

Harvard Law School (J.D., 2015); Technical Editor, Harvard Civil Rights-Civil Liberties Law Review (2013-2015); University of California, Los Angeles (B.A., American Literature and Culture).

 

Bar Admissions

California (2016); United States District Court, Central District of California.

 

Noteworthy

Advocate, Harvard Veterans Law & Disability Benefits Clinic: Estate Planning (2015); Summer Associate, Munger Tolles & Olson, LLP (2013); Law Clerk, Seyfarth Shaw, LLP (2011-2012)

A representative sampling of Ms. Gordon’s litigation experience:

Business Litigation
  • Successfully represented aviation equipment company asserting breach of contract and fraud claims against buyer of aviation assets and real property, based on multimillion-dollar sale agreement, royalties, and consulting contract.
  • Successfully represented individual in breach of contract and fraud claims involving a multimillion-dollar investment against Ponzi scheme mastermind.
  • Currently representing over 90 current and former residents of a manufactured home park against property owner and manager for fraud and violations of Mobilehome Residency Law and Rent Stabilization Ordinance.
Labor and Employment
  • Represented film production company against former employees for breach of non-solicitation agreement and non-compete agreement.
  • Advised several corporations regarding compliance with newly-amended Fair Employment and Housing Act (FEHA), including anti-discrimination and anti-harassment policies, complaint procedures, employee training, employee handbooks, and company practices.
  • Advised national corporation regarding wage and hour laws.
Tax & Employee Benefits
  • Represented a corporation against claims relating to classifications of individuals as employees or independent contractors under the Internal Revenue Code (IRC).
Intellectual Property Litigation
  • Represented six-time multi-platinum album author and singer-songwriter against copyright claims relating to two of his multimillion-dollar productions in Las Vegas.
False Claims Act
  • Defended corporations and individuals in qui tam lawsuits brought under the False Claims Act (FCA) relating to the viability of the “implied false certification” theory of liability.
Environmental & Mass Tort
  • Secured reversal of adverse verdict involving a major food company in a series of toxic tort lawsuits involving thousands of South American workers claiming personal injuries from exposure to a chemical used on banana farms.
Securities
  • Represented a major corporation against claims brought under the Securities Exchange Act of 1934 relating to securities traded on foreign exchanges.
Shareholder Activism
  • Defended corporate director against a shareholder derivative suit relating to breach of fiduciary duty.
Personal Injury
  • Represented individual against assailants and a restaurant and bar for battery, intentional infliction of emotional distress, negligence, premises liability, and negligent hiring, supervision, and retention of employees.
Bankruptcy
  • Represented a healthcare provider in Chapter 11 bankruptcy where federal and state government has unilaterally terminated Medicare and Medicaid provider agreement.

A representative sampling of Ms. Gordon’s transactional experience:

Individual Income Tax
  • Advised the City of Los Angeles regarding tax implications for “nonresident alien” employees, independent contractors, and athletes for purposes of making certain tax representations in the city’s bid to host the Olympics.
Corporate Tax
  • Advised national corporations regarding proper classification of individuals as employees or independent contractors under the Internal Revenue Code (IRC) and potential consequences of improper classification.
  • Advised stockholders regarding treatment of their interests in corporations as “stock” or as “indebtedness” for purposes of the federal income tax under Internal Revenue Code (IRC) section 385.
  • Advised corporate clients regarding regulations issued under section 368(a)(1)(F) of the IRC and their impact on corporate transactions and certain types of tax-free reorganizations.
  • Advised a corporation on whether its planned acquisition of a public company would be considered part of the “same transaction” of a prior tax-free spin-off and, therefore, a taxable distribution, or instead fall under a safe harbor under IRC regulation 1.355-7.
  • Advised a corporate taxpayer regarding what transfers qualify as charitable contributions, when charitable contributions may be deducted, and the limitations of such deductions under section 170 of the IRC.
  • Advised an individual on how his 50% interest in a closely-held, family-controlled corporation would be valued for tax purposes in the event that his interest is transferred inter vivos to his family members; specifically, whether a “minority interest discount” and/or “lack of marketability discount” would be appropriate when valuing the transferred interest when each transferee receives only a part of the 50% interest.
Employee Benefits & ERISA
  • Revised a corporate employer’s 401(k) and pension plans to ensure compliance with the Employee Retirement Income Security Act of 1974.
  • Advised a corporation regarding potential violations of IRC section 409A by granting independent contractors impermissible breadth of discretion in election to defer or accelerate pension payments.
Real Estate
  • Successfully represented a client in issuance of a $65 million loan for the purpose of acquiring real estate (acquisition financing).
  • Represented a corporate client in a one-time acquisition of approximately 30 real properties.