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  • August 20, 2018

    Wash. AG: More Fast Food Giants To Ax ‘No-Poach’ Clauses

    Washington State Attorney General Bob Ferguson said Monday that eight restaurant chains, including Applebee’s and IHOP, agreed to drop their practice of using no-poach clauses to prevent employees from moving between franchise locations, adding to a recently announced list that included Carl’s Jr. and McDonald’s.

  • August 20, 2018

    Chevron Unit Seeks $10M From Nonprofit In Contract Row

    A Chevron subsidiary has sued a nonprofit that rehabilitated a historic Baton Rouge hotel, claiming the group owes it more than $10.9 million as it failed to buy out the energy giant’s investment in the project despite being contractually obliged to do so, according to a suit filed in Louisiana federal court.

  • August 20, 2018

    Jay Peak Receiver Settles Tax Dispute With Vermont Town

    A Florida federal court has approved a settlement reached between the court-appointed receiver for the failed Jay Peak EB-5 project and the town of Jay, Vermont, on interest and penalties stemming from $2 million in property taxes paid late to the town.

  • August 20, 2018

    La. Eatery Owner Urges 5th Circ. To Uphold Win In TM Spat

    The current owner of famous New Orleans restaurant Camellia Grill has urged the Fifth Circuit to affirm a lower court decision that the eatery’s former owner does not own a protectable trade dress and thus can't support its infringement claim in the restaurateurs’ long-running dispute over a license agreement.

  • August 20, 2018

    2nd Circ. Won't Revive La Quinta Stock-Drop Suit

    The Second Circuit on Monday refused to revive claims that La Quinta Holdings Inc. and a private equity backer duped investors by failing to adequately disclose the financial risks the hotel chain was facing ahead of a $550.8 million public offering.

  • August 20, 2018

    Calif. Hotel Panic Button Bill Fails In Fiscal Committee

    A proposed California "panic button" bill that would make hospitality companies protect employees who work alone in hotel rooms from sexual harassment and assault has stalled in the state Senate’s appropriations committee, but the bill's sponsor said he plans to reintroduce it.

  • August 17, 2018

    Disney May Not Be Magical For Autistic Guests: 11th Circ.

    The Eleventh Circuit revived 30 consolidated lawsuits alleging Walt Disney Parks and Resorts U.S. Inc. fails to properly accommodate guests with autism by making them wait for rides, ruling Friday that a bench trial should decide whether those visitors have access to the same experience as nonautistic patrons.

  • August 17, 2018

    Trump Asks For Stay Pending Appeal Of Emoluments Suit

    In a bid to prevent discovery that could involve President Donald Trump's financial records, government attorneys asked a Maryland federal judge Friday to stay Maryland and the District of Columbia's suit alleging Trump's potential profit from foreign and domestic governments at Trump International Hotel violates the Constitution's emoluments clauses.

  • August 17, 2018

    NLRB Dems Fight Post-Epic Review Of Wage Suit Ruling

    Republican members of the National Labor Relations Board have wiped out an April ruling that a Texas restaurant group illegally fired a worker who brought a wage suit against it, drawing objections from the board’s Democrats.

  • August 17, 2018

    Arby's Must Extend Info Search In Data Breach Dispute

    A Georgia federal judge ordered Arby’s to expand its electronic information search in litigation brought by financial institutions and consumers over a data breach, one day after agreeing to pause the patrons’ part of the dispute to give them time to finalize a settlement that has been agreed to in principle.

  • August 17, 2018

    Timeshare Co. Recklessly Disregarded FLSA, OT Suit Says

    A proposed class of employees hit a Florida timeshare company with a suit Friday in Florida federal court claiming willful violations of overtime wages under the Fair Labor Standards Act, saying the company failed to pay overtime and showed "reckless disregard" of the act's provisions.

  • August 17, 2018

    Half-Built Fla. Resort's $39M Sale Gets Court Approval

    A Florida bankruptcy judge signed off Friday on a $39.1 million sale of a stalled Fort Lauderdale resort partially built with $30 million from the EB-5 immigrant investor visa program.

  • August 17, 2018

    Deals Rumor Mill: Mafengwo, Marfrig, LafargeHolcim

    Mafengwo wants to raise as much as $300 million in new funding, Marfrig inked a deal to sell Keystone Foods to Tyson Foods Inc. for $2.5 billion and LafargeHolcim Ltd. has earned the interest of Asian powerhouses for its Indonesian unit.

  • August 17, 2018

    Loeb & Loeb Guides Morgan Stanley's $40M Loan To Fortuna

    Loeb & Loeb LLP represented Morgan Stanley Private Bank NA in connection with its $40 million loan to Fortuna Realty Group LLC for a piece of vacant land on Avenue of the Americas in Manhattan that's slated to be home to a new hotel, according to records made public in New York on Friday.

  • August 17, 2018

    Cava Mediterranean Chain Buys Zoe's Kitchen For $300M

    Cava Group Inc. has acquired Zoe’s Kitchen Inc. for approximately $300 million including debt, in a deal that combines the privately held Mediterranean-style chain's 66 locations with the struggling fast-casual eatery group’s 261 for a total of 327 restaurants in 24 states, the companies said Friday.

  • August 16, 2018

    Will Law Schools Start Counting ‘Generation ADA’?

    No one is tracking law students with disabilities to see where the education system may be failing them, but some advocates are working to change this dynamic and build a better pipeline.

  • August 16, 2018

    Food Service Workers Get Limited Cert. In Pay Suit

    A New Jersey federal judge on Thursday rejected most of a former Flik International Corp. worker’s request for conditional certification of a collective class of employees who purportedly weren’t paid for all the hours they worked, but held that he made the required showing when it came to workers at the Bayer cafeteria in Whippany.

  • August 16, 2018

    DOI's Views In Calif., Conn. Casino Suits At Odds, Tribe Says

    A Connecticut tribe and the state told a D.C. federal court that the U.S. Department of the Interior is wrong to say that the tribe operates its Foxwoods casino under procedures set out by the DOI secretary that are inferior to a tribal-state gambling compact because the department took the direct opposite position in tribal litigation in California.

  • August 16, 2018

    Applebee's Franchisee Gets Bank's Cash To Prep Ch. 11 Goals

    Bankrupt Applebee's restaurant franchisee RMH Franchise Holdings Inc. on Thursday told a Delaware bankruptcy court that it had struck a deal for continued access to its lender's cash, saying it will begin formulating bidding and sale procedures as well as a potential Chapter 11 reorganization plan.

  • August 16, 2018

    BK Franchisee Can't Stop Strike Talk In Parking Lot: NLRB

    A Michigan Burger King franchisee violated the National Labor Relations Act by telling workers they couldn’t discuss striking in support of a $15 minimum wage in its parking lot, a National Labor Relations Board panel said Wednesday.

Expert Analysis

  • EEOC Targets Employers' Prescription Drug Use Policies

    Karen Jennings Evans

    Recent court filings and settlements by the U.S. Equal Employment Opportunity Commission illustrate the potential pitfalls employers face when attempting to implement a drug-free workplace, say Karen Jennings Evans and Robert Dumbacher of Hunton Andrews Kurth LLP.

  • 'High Availability' — A Key Term In Law Firm IT Strategy

    Jeff Norris

    While most law firm executives and partners may instinctively want to tune out terms like "high availability" and "disaster recovery" — concepts that IT managers usually worry about — there are five reasons you should lean in and wrestle with the vocabulary, say Jeff Norris of Managed Technology Services LLC and Greg Inge of information security consulting firm CQR.

  • The 'Post-Fact' Jury In The 'Fake News' Era

    Ross Laguzza

    The "fake news" phenomenon is ever more prominent in the political arena — but not in the jury box. At a trial, jurors don’t have to rely on the media or any other source to tell them the facts and issues, since they have a front-row seat to the action, says Ross Laguzza, a consultant at R&D Strategic Solutions LLC.

  • Series

    Judging A Book: Lipez Reviews 'Last Great Colonial Lawyer'

    Judge Kermit Lipez

    In his new book, "The Last Great Colonial Lawyer: The Life and Legacy of Jeremiah Gridley," Charles McKirdy argues that Gridley — someone I had never heard of — was the last great colonial lawyer, and that his cases illuminate his times. The author largely substantiates both claims, says First Circuit Judge Kermit Lipez.

  • New Accessibility Lawsuit Trend: Class Action Complaints

    Edward Harold

    Recently, enterprising attorneys have brought Americans with Disabilities Act claims as class actions directed at all of a company’s locations. Their contention that the ADA requires broad, companywide compliance policies is controversial, but businesses must prepare for such claims, says Edward Harold of Fisher Phillips LLP.

  • Takeaways From 1st Retroactive Application Of Dynamex

    Desi Kalcheva

    The California Supreme Court's Dynamex opinion — fashioning an updated California test for distinguishing between employees and independent contractors — has stirred much speculation about its scope and the extent of its application. Now, for the first time, in Johnson v. Imperial Showgirls the decision has been applied on a retroactive basis, says Desi Kalcheva of Paul Plevin Sullivan & Connaughton LLP.

  • Interview Essentials For Attorneys On The Move

    Eileen Decker

    Across the country this fall, recent law school graduates, law firm associates and experienced professionals will interview for positions in private practice and government service. Sharing tips on how to stand out in this high-pressure, hypercompetitive process are Eileen Decker, former U.S. attorney for the Central District of California, and Keith Jacoby, co-chairman of Littler Mendelson PC’s class action practice group.

  • Roundup

    Clerking For Ginsburg

    Clerking For Ginsburg

    Justice Ruth Bader Ginsburg joined the U.S. Supreme Court 25 years ago and is not planning to retire anytime soon — she has hired clerks through 2020. What's it like to assist Justice Ginsburg? In this series, former clerks reflect on the experience.

  • Series

    Clerking For Ginsburg: 3 Surprises

    David Post

    It had never occurred to me that judges don’t always love the way their appellate cousins review their work and tell them — in public — all the things they got wrong. I was frequently struck by Justice Ruth Bader Ginsburg’s acute awareness of the delicacy of this relationship, says attorney David Post.

  • ERISA Class Actions After Epic Systems

    James Baker

    U.S. Supreme Court Justice Neil Gorsuch's opinion in Epic Systems v. Lewis employed the same analytics used by Justice Antonin Scalia in three previous decisions. They strongly suggest the court would allow a mandatory arbitration clause with a class action waiver in the Employee Retirement Income Security Act context, says James Baker of Baker McKenzie.