• March 14, 2018

    Jay Peak Receiver Seeks OK On $1.5M Deal With Contractor

    The court-appointed receiver for the failed Jay Peak EB-5 project asked a Florida federal judge Tuesday to approve a $1.5 million settlement agreement with contractor PeakCM LLC, which represents a discount from the company's initial $2.75 million in claims.

  • March 14, 2018

    Wine Bar Fights Trump's Bid To Escape Lost-Business Row

    The Cork Wine Bar has urged a Washington, D.C., federal judge to reject a bid by President Donald Trump to toss its suit claiming Trump’s ties to a Pennsylvania Avenue hotel have unfairly diverted customers away from the restaurant and bar, arguing Trump is not immune from the action.

  • March 14, 2018

    Architects Rip Five Guys Damages Bid In Copyright Row

    An architecture firm blasted Five Guys in Illinois federal court Wednesday over the fast food chain’s bid to toss attorneys’ fees and damages from a copyright infringement suit, saying it was "hard to square” Five Guys’ argument about the date when the firm registered its copyright with the facts of the case.

  • March 14, 2018

    FTC Wants More Info On $2.8B Casino Merger

    Casino operators Penn National Gaming Inc. and Pinnacle Entertainment Inc. disclosed in regulatory filings on Tuesday that the Federal Trade Commission has requested more information about their planned $2.8 billion cash-and-stock tie-up.

  • March 14, 2018

    REIT Xenia Hotels & Resorts Sells Hawaii Property For $200M

    Xenia Hotels & Resorts Inc. has sold a leasehold interest in a hotel in Oahu, Hawaii, for $200 million, according to an announcement from the Florida-based real estate investment trust on Wednesday.

  • March 14, 2018

    Calif. Ski Resort Gets Final OK For $3.75M TCPA Deal

    A settlement that will see Mammoth Mountain Ski Area LLC fork over $3.75 million to resolve Telephone Consumer Protection Act claims secured final approval Tuesday, with a California federal judge saying the deal is a reasonable resolution to a class action over alleged robocalls.

  • March 14, 2018

    Dairy Queen Sues WB Mason Over 'Blizzard' Trademark

    With nor'easters repeatedly bearing down on the East Coast, fast-food chain Dairy Queen and office supplier W.B. Mason are going to trademark war over "Blizzard."

  • March 14, 2018

    Injured Man Wins $37.5M In Dram Shop Suit Against Club

    A truck driver who became completely disabled and whose wife died in a drunken driving crash won a $37.5 million judgment Tuesday in Illinois state court in a dram shop lawsuit against the strip club that served the drunken driver, the man’s lawyers said.

  • March 13, 2018

    Morgan Lewis Attys Violated Conduct Rule, Judge Says

    Morgan Lewis & Bockius LLP attorneys violated a rule of professional conduct when they represented both a hotel operator and several hotel workers who are potential members of a class suing the company for alleged wage-and-hour violations, but the lawyers can stay on the case under certain conditions, a California federal judge ruled Monday.

  • March 13, 2018

    How They Won It: Akin Gump Lands High Court Win For Tribe

    Recognizing that the U.S. Supreme Court might be on the verge of overturning a D.C. Circuit ruling that Congress didn't violate the constitutional separation of powers with a law blocking a legal challenge to the Gun Lake Tribe's Michigan casino project, Akin Gump Strauss Hauer & Feld LLP stepped in and refocused the case on a new argument that tipped the scales decisively in the tribe's favor. 

  • March 13, 2018

    Starbucks Signs Brazilian Licensing Deal With PE Firm

    Starbucks Coffee Co. said Monday it had entered into a licensing agreement with private equity firm SouthRock that will see the Brazilian company run the coffee chain's retail operations and expand its presence in the country.

  • March 13, 2018

    NJ Gov. Calls For Millionaires' Tax In His $37.4B Budget

    New Jersey's governor put forward a $37.4 billion budget on Tuesday that proposes a new tax on those making more than $1 million a year, raising the state sales and use tax back to 7 percent, legalizing and taxing marijuana use and increasing the state property tax deduction from $10,000 to $15,000.

  • March 13, 2018

    Marketing Firm Found In Default In Fla. Timeshare Exit Suit

    A Florida federal court entered a default judgment Tuesday against a marketing firm named in a suit alleging it illegally interferes in Westgate Resorts Ltd.’s contracts with timeshare owners, handing down its order after Westgate said the marketing firm’s owner refused to defend himself in the action.

  • March 13, 2018

    Hertz Can Arbitrate Renter's Suit Over Unpaid Toll Fees

    A California federal judge on Monday sent to arbitration a putative class action alleging Hertz failed to tell car renters about transponders that didn’t work properly on all toll roads so the company could unlawfully charge an administrative fee for unpaid tolls, saying the rental agreements had arbitration provisions.

  • March 13, 2018

    MGM Resorts International Hit With Age, Sex Bias Suit

    MGM Resorts International Operations Inc. on Monday in Nevada federal court was hit with a lawsuit from a female employee alleging that younger men in her department were paid more, even though they all did work requiring equal skill.

  • March 13, 2018

    Pa. Justices Urged To Ax Philly Soda Tax

    Opponents of Philadelphia's tax on sweetened beverages urged the state's highest court Monday to break with two lower courts that have both found that the levy was not improperly duplicative of the state's sales tax.

  • March 13, 2018

    9th Circ. Clears Starbucks In Underfilled Iced Drink Suit

    The Ninth Circuit affirmed Monday the dismissal of a proposed class action claiming Starbucks Corp. tricks iced-drink buyers by underfilling cups with actual liquid, saying no reasonable consumer would think that a 12-ounce iced drink contains only coffee or tea.

  • March 13, 2018

    NJ Hooters Must Arbitrate With Insurer Over Fatal Crash

    A Hooters restaurant located in an Atlantic City, New Jersey, casino hotel must arbitrate an insurer's claims for reimbursement of the benefits it paid in connection with a fatal car crash that was allegedly caused by a drunk patron, a state appeals court said Tuesday.

  • March 12, 2018

    Starbucks Wins Partial Dismissal Of Chemical-Coffee Suit

    An Idaho federal judge on Monday partially granted Starbucks Corp.’s motion to dismiss a suit by an Idaho customer who says he ordered coffee and instead got a cleaning chemical that caused months’ worth of internal damage, but gave the man two weeks to try again on certain claims.

  • March 12, 2018

    $560M Powerball Winner Can Remain Anonymous

    The woman who won a $560 million Powerball jackpot in January can remain unnamed, a New Hampshire state judge ruled Monday, partially granting “Jane Doe’s” request for privacy while citing the harassment lottery winners sometimes face.

Expert Analysis

  • 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.

  • The Bankruptcy Eligibility Of Quasi-Government Entities

    James Heiser

    In cases where a not-for-profit corporation is closely related to or controlled by a governmental unit, a creditor may challenge the corporation’s eligibility to file for bankruptcy. An Illinois bankruptcy judge's decision in Lombard Public Facilities is a reminder that eligibility is a fact-specific inquiry, say attorneys with Chapman and Cutler LLP.

  • PAGA Cases Offer Rare Victories For Calif. Employers

    Benjamin Ebbink

    If you’re a California employer, perhaps no single law strikes fear into your heart quite as much as the Private Attorneys General Act. However, a pair of recent appellate court decisions granted significant procedural “wins” to employers in PAGA cases, says Benjamin Ebbink of Fisher Phillips.

  • How To Serve Your Blind Client Effectively

    Julia Satti Cosentino

    While a client’s visual impairment can create challenges for an attorney, it also can open up an opportunity for both attorney and client to learn from each other. By taking steps to better assist clients who are blind or visually impaired, attorneys can become more perceptive and effective advisers overall, say Julia Satti Cosentino and Nicholas Stabile of Nutter McClennen & Fish LLP.