• February 23, 2018

    Public Air Charter Founders Can't Shake NJ Fraud Charges

    A New Jersey federal judge ruled Friday that a trial postponement last year did not warrant tossing charges that the co-founders of a defunct public air charter operator defrauded financial institutions out of millions of dollars in passenger payments, while also rejecting their bid to keep out certain evidence.

  • February 23, 2018

    Real Estate Rumors: StepStone, Maxim Capital, Brock

    Financial services company StepStone is said to be taking 30,000 square feet in New York, Maxim Capital has reportedly loaned $50 million for certain unsold luxury condo units in Florida and Brock Development is said to have landed a $20 million construction loan for a Florida hotel project.

  • February 23, 2018

    Hotels Move For Cert. In Expedia False Ad Suit

    A pair of hotels are pushing to certify their proposed class action accusing Expedia of luring customers with false advertisements and then diverting them to make reservations at places where it gets a cut, telling a California federal court Thursday that a class action is the best way for their Lanham Act claims to proceed.

  • February 23, 2018

    Trump Golf Club Members Seek OK Of $5.4M Settlement

    Members of a golf club owned by President Donald Trump asked a Florida federal judge on Friday for initial approval of a $5.4 million class settlement that would end a suit alleging they were denied refunds of their deposits when Trump took over Jupiter Golf Club LLC in 2012.

  • February 23, 2018

    Trump Hotel Cos. Fight to Keep Law Firm Arb Suit Federal

    Trump International Hotels Management LLC and an affiliate hit back Thursday at a Panamanian law firm’s request to remand its suit accusing the Trump entities of improperly responding to arbitration over a “mismanaged” hotel by pulling the firm into the fight, telling a Delaware federal court that the matter doesn’t belong in state court.

  • February 23, 2018

    SC Federal Court Lacks Jurisdiction, Says

    A U.S. District Court in South Carolina lacks personal jurisdiction in a proposed class action suit claiming overcharged a state resident for taxes and fees when he booked through the site, the company said Thursday in a motion to dismiss.

  • February 23, 2018

    Latham & Watkins Advises Hyatt On $1B Sale Of 3 Hotels

    Latham & Watkins LLP has guided Hyatt Hotels Corp. in the $1 billion sale of three hotels to real estate investment trust Host Hotels & Resorts Inc., the law firm said on Friday.

  • February 23, 2018

    Panera Assistant Manager Sues Franchisee For Unpaid OT

    A proposed class of Panera Bread assistant managers on Thursday in Ohio federal court served up a Fair Labor Standards Act lawsuit against the restaurant chain's largest franchisee, claiming it improperly classified them as exempt and deprived them of overtime wages when they worked longer than 40 hours a week.

  • February 23, 2018

    Patent Agent Emails Merit Privilege, Texas Justices Say

    The Texas Supreme Court on Friday sided with an inventor and upended a trial court's order that he turn over more than 300 emails between himself and his nonattorney patent agent in a dispute over restaurant technology, holding that the communications are privileged under the state's evidence rules.

  • February 22, 2018

    Chuck-E-Cheese, Insurer Trade Blows In $5M Coverage Battle

    Chuck E. Cheese's owner CEC Entertainment Inc. on Wednesday urged a Texas federal judge to rule that Travelers must shell out more than $4.9 million to cover the pizza chain's costs to defend a shareholder suit stemming from its 2014 merger, while the insurer looked to stop the coverage bid in its tracks.

  • February 22, 2018

    Resort-Focused Aspen REIT Pulls Reg A+ IPO

    Aspen REIT Inc., a real estate investment trust that was formed to own a Colorado mountainside resort and sought to become the first single-asset REIT to list on major stock exchange, late on Wednesday postponed an offering to raise about $34 million through a Regulation A+ “mini-IPO."

  • February 22, 2018

    Omni Urges 1st Circ. To Rehear Suit Over Hotel Lobby Assault

    Omni Hotels asked the First Circuit on Wednesday to reconsider the court’s decision to revive a man's suit accusing the company of negligence in an assault he suffered in a hotel lobby, saying circuit judges erred in accepting "inadmissible hearsay" and speculation about Omni’s standard of care.

  • February 22, 2018

    7th Circ. May Call On Indiana In Fantasy NCAA Athlete Row

    Two Seventh Circuit judges considering whether to revive a proposed class action against DraftKings and FanDuel over their use of college athletes’ likenesses said Thursday they likely need the state of Indiana to weigh in on whether exemptions in its right of publicity law cover fantasy sports sites.

  • February 22, 2018

    Judge Tells Marlins To Cough Up Financial Info On $1.2B Sale

    A Florida judge sided with Miami-Dade County on Thursday in its dispute with the Miami Marlins, ruling that the team breached a 2009 contract for public financing of its stadium and ordering the Marlins to share with the county detailed financial information from their recent $1.2 billion sale.

  • February 22, 2018

    NJ Hotel Escapes Patron's Infection Suit At 3rd Circ.

    The Third Circuit on Wednesday affirmed a ruling for Windrift Hotel Resort in litigation brought by a woman whose leg was amputated after she contracted sepsis and a bacterial skin infection from raw clams, saying there wasn’t enough evidence that the Jersey Shore establishment was to blame for the allegedly defective food.

  • February 22, 2018

    Condo Owners Want $1.6M Costa Rican Award Enforced

    Unit owners in a Costa Rican luxury condo development stood behind their request to confirm a nearly $1.6 million arbitral award against the resort’s developer Wednesday, contending that an Arizona federal court can enforce the award even though it was annulled by the Central American country’s Supreme Court.

  • February 22, 2018

    Trump Hotel Cos. Want Unit Owners To Arbitrate Panama Row

    Two Trump hotel management companies urged a New York federal court to keep alive their arbitration claims alleging that the owners of units in a Trump-branded Panamanian hotel unfairly ousted them from a hotel management contract, arguing that the parties agreed to binding international arbitration.

  • February 21, 2018

    Activist Investor Barington Pushes Bloomin' Brands Spinoff

    Activist hedge fund Barington Capital Group LP sent a letter Wednesday to struggling restaurant company Bloomin’ Brands Inc. urging it to spin off its three smaller brands into a new company while leaving its successful Outback Steakhouses to operate independently, among other changes.

  • February 21, 2018

    Wis. Tribe Fights For Quick Win In Gambling Deal Dispute

    The Forest County Potawatomi Community has again urged a D.C. federal judge to award the tribe summary judgment in its bid to vacate a Bureau of Indian Affairs decision rejecting an amendment to the tribe’s gambling deal with Wisconsin, saying the change wouldn’t put another tribe on the hook for payments to protect the Potawatomi’s casino business.

  • February 21, 2018

    NY Ramen Joint Settles National Origin Discrimination Claim

    A Manhattan ramen restaurant settled with the federal government over claims that it unlawfully discriminated against a job applicant on the basis that he was not Korean or Japanese, the U.S. Department of Justice announced Wednesday.

Expert Analysis

  • Opinion

    Gig Economy Business Model Skirts Calif. Labor Laws

    Mike Arias

    California workers have spent over a century carving out the rights to have fair working conditions, an eight-hour work day and to be paid a living wage. The gig economy largely seeks to circumvent these well-established laws, says Mike Arias of Arias Sanguinetti Wang & Torrijos LLP.

  • How Emerging Sources Of ESI Will Impact Discovery

    Charles McGee

    Late last year, the Sedona Conference released the third edition of its principles addressing electronic document production, updated to account for innovations like Snapchat and Twitter. It may be necessary for these principles to be updated more often in order to keep pace with technology, says Charles McGee III of Murphy & McGonigle LLP.

  • Put The Brakes On Acceleration Bay Litigation Funder Ruling

    David Gallagher

    Last week, the District of Delaware raised eyebrows by ruling that documents provided to a litigation funder and its counsel in connection with their due diligence are categorically not attorney work product. Acceleration Bay v. Activision Blizzard seems to be a case of bad facts making bad law, says David Gallagher, investment manager and legal counsel for Bentham IMF.

  • Worker Classification Questions Remain Post-GrubHub Win

    Art Lambert

    A California federal judge implied that her recent decision in Lawson v. GrubHub was a close call, which suggests there is a tipping point where a driver moves from the independent contractor classification to the employee classification. However, when exactly that happens is still up in the air, says Art Lambert of Fisher Phillips.

  • Considerations For Attorneys Using Artificial Intelligence

    Ben Allgrove

    Artificial intelligence tools can empower attorneys to work more efficiently, deepen and broaden their areas of expertise, and provide increased value to clients, which in turn can improve legal transparency, dispute resolution and access to justice. But there are some common pitfalls already apparent in the legal industry, say Ben Allgrove and Yoon Chae of Baker McKenzie.

  • How Not To Enforce An Arbitration Agreement

    Phillip Kilgore

    The Fourth Circuit's recent opinion in Degidio v. Crazy Horse Saloon and Restaurant serves as a lesson to employers and counsel alike on what not to do when setting up an arbitration program or when attempting to enforce an arbitration agreement, says Phillip Kilgore of Ogletree Deakins Nash Smoak & Stewart PC.

  • Series

    Judging A Book: Duncan Reviews 'Justice And Empathy'

    Judge Allyson Duncan

    In "Justice and Empathy: Toward a Constitutional Ideal," the late Yale Law School professor Robert Burt makes a compelling case for the undeniable role of the courts in protecting the vulnerable and oppressed​. But the question of how the judiciary might conform to Burt’s expectations raises practical problems​, says U.S. Circuit Judge Allyson Duncan of the Fourth Circuit. ​

  • The Art Of The Litigation Funding Deal

    Julia Gewolb

    As litigation funding becomes more widespread, greater complexity and variability in funding deals are to be expected. All claimants should consider certain key questions on the economics of single-case funding when considering or comparing funding terms, says Julia Gewolb of Bentham IMF.

  • Smart Contracts Need Smart Corporate Lawyers

    Matthew O’Toole

    Given the operational and security risks involved, and the substantial digital asset values transacted, the rise of distributed ledger technology and smart contracts will create new opportunities and responsibilities for transactional lawyers, say attorneys with Potter Anderson Corroon LLP.

  • How To Fix Your Broken Client Teams

    Mike O'Horo

    Law firms claim they create client teams to improve service. Clients aren’t fooled, describing these initiatives as “thinly veiled sales campaigns.” Until firms and client teams begin to apply a number of principles consistently, they will continue to fail and further erode clients’ trust, says legal industry coach Mike O’Horo.