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  • October 11, 2018

    Tribes, Wis. Battle Over How Casino Case Fits IGRA 'Zone'

    Two Wisconsin tribes and the state have filed memos to answer the Seventh Circuit's question about whether disputed plans for a casino expansion fall within the "zone of interests" protected by the Indian Gaming Regulatory Act, but none of the parties’ arguments aligned on how to interpret the IGRA’s intent.

  • October 11, 2018

    Fyre Festival 'Serial Fraudster' Faces 6 Years, $26M Forfeiture

    Billy McFarland, a young entrepreneur who caught the FBI's attention when his ill-fated Fyre Festival left concertgoers stranded on a remote island, was sentenced to six years in prison on Thursday — far less than the government sought — by a judge who called him a "serial fraudster," and also ordered to pay a $26 million forfeiture.

  • October 11, 2018

    MoMaCha Cafe Can't Escape MoMA's TM Dilution Claim

    A New York federal judge on Wednesday denied an attempt by Manhattan's MoMaCha cafe to toss a trademark dilution claim in a suit brought by the Museum of Modern Art, ruling that MoMA has shown its name is famous.

  • October 11, 2018

    Ill. AG Shutters Staffing Agency To End Discrimination Suit

    A Chicago employment agency will close its doors for the next decade as part of a Wednesday agreement with the state of Illinois, resolving a lawsuit in Illinois federal court accusing the agency of discriminating against Latino immigrants.

  • October 10, 2018

    Fontainebleau Hotel Sued By Guests Alleging Sexual Assault

    Miami Beach's famed Fontainebleau Hotel has been hit with a lawsuit announced Wednesday seeking to hold it liable for an alleged sexual assault by one of its employees against two women who were guests in June.

  • October 10, 2018

    2nd Circ. Raises Tough Questions About FLSA Settlements

    Three Second Circuit judges asked tough questions at arguments Wednesday over a court’s ability to approve or reject certain Fair Labor Standards Act settlements, suggesting they saw merit in both sides and leaving the future of a procedural workaround uncertain.

  • October 10, 2018

    Fla. Gas Station Worker's OT Suit Heads To Trial

    A Florida federal judge denied a gas station employee a quick win Wednesday in his proposed Fair Labor Standards Act class action seeking allegedly unpaid overtime, but found that the company owner qualifies as his employer under the law and ruled out one of three possible overtime exemptions.

  • October 10, 2018

    Cruise Line Must Litigate Wrongful Death Suit, Court Told

    The widow of a Norwegian Cruise Line employee who died while participating in a rescue drill aboard a cruise ship urged a Florida federal court to deny the company’s bid to compel arbitration of her wrongful death lawsuit, saying the dispute has already been arbitrated in the Philippines.

  • October 10, 2018

    Mass. Residents Blast Tribe's Stay Bid In 1st Circ. Trust Row

    A group of Taunton, Massachusetts, residents urged the First Circuit on Tuesday to reject the Mashpee Wampanoag tribe's request to pause its appeal of a decision that the tribe is ineligible to have land taken into trust for a casino project, saying it was well past time to resolve the long-dormant proceedings.

  • October 10, 2018

    Just Salad Says Wage Suit Accusers Are 'Judge-Shopping'

    A group of Just Salad restaurants in New York City accused a proposed class of delivery workers of “judge-shopping” in a motion to dismiss most of a Manhattan federal suit claiming the workers were paid below minimum wage.

  • October 10, 2018

    Fla. Court OKs No-Bid Sale For Beckham's Miami Stadium

    A Florida appeals court ruled Wednesday against a Miami activist seeking to reverse the approval of a $9 million, no-bid sale of county-owned land to ex-soccer star David Beckham for a stadium to host an expansion Major League Soccer team.

  • October 10, 2018

    5th Circ. Won't Revive Golf Ball-Tracking Technology Suit

    A high-tech golf range startup can't pursue claims that a rival squeezed it out of the market by nabbing key golf ball-tracking technology because its antitrust suit only speculated about future injury, the Fifth Circuit ruled on Tuesday.

  • October 10, 2018

    Japan Ends Airbnb Antitrust Probe After Listing Rule Waived

    Japan’s antitrust watchdog announced Wednesday that it was closing a monopoly investigation into Airbnb after the home-sharing giant waived its right to enforce contract restrictions barring third-party lodging management providers from using its competitors to list accommodations.

  • October 9, 2018

    Disney Wants 11th Circ. To Rehear Autism Accessibility Row

    Walt Disney Parks and Resorts filed for a rehearing en banc of the Eleventh Circuit's revival of suits alleging the theme park fails to properly provide access to guests with autism, saying on Tuesday that the panel applied an erroneous legal standard as to when an accommodation is "necessary" under the Americans with Disabilities Act.

  • October 9, 2018

    Westgate Suit Against 'Timeshare Exit' Firm Moves Forward

    A Florida federal judge trimmed several counts Tuesday from a lawsuit in which timeshare operator Westgate Resorts Ltd. accuses law firm U.S. Consumer Attorneys PA of misleading its customers into attempts to break their contracts for its own gain, but allowed most core claims to proceed.

  • October 9, 2018

    Starbucks, Dunkin' Can't Dodge Prop 65 Penalties Trial

    A California judge who determined coffee must carry cancer warnings under the state's Proposition 65 on Tuesday rejected separate bids by Dunkin' and Starbucks, with dozens of other coffee roasters, to pull the plug on an impending trial on Prop 65 civil penalties against the companies.

  • October 9, 2018

    FIKA's Proposed $11M Sale To Ch. 11 Lender Approved

    FIKA, a bankrupt New York City coffee chain inspired by Swedish coffee culture, inched forward Tuesday in its bid to sell the business to its secured lender in Chapter 11 for roughly $11.4 million and remain in operation.

  • October 9, 2018

    Zoe's Kitchen Hit With 2nd Suit Over Proposed $300M Sale

    A Zoe's Kitchen stockholder is seeking to put off a vote on a plan to sell the Plano, Texas-based restaurant chain to a competitor, saying in a proposed class action filed in Texas federal court that the proposed $300 million deal undervalues the company.

  • October 9, 2018

    Deals Rumor Mill: Ackman, HNA Group, Trian Partners

    William Ackman said his activist hedge fund has amassed a nearly 1.1 percent stake in Starbucks Corp., HNA Group is looking to sell property assets said to be worth upward of $11 billion, and Trian Fund Management is considering taking over Papa John’s International Inc.

  • October 9, 2018

    Pa. Appeals Court Approves Smoking At Off-Track Betting Hall

    A Pennsylvania appeals court on Tuesday reversed a state health regulator's conclusion that an off-track betting center outside Philadelphia must ban indoor smoking, ruling that the regulator misinterpreted state law.

Expert Analysis

  • 10 Ways To Prevent E-Discovery Woes

    Debbie Reynolds

    E-discovery is not easy, but employing these 10 strategies may help minimize future headaches, say Debbie Reynolds and Daryl Gardner of EimerStahl Discovery Solutions LLC.

  • Cloudy With A Chance Of Price Gouging

    Richard Lawson

    After California Gov. Jerry Brown recently declared a state of emergency in several California counties due to fires in the area, the state attorney general issued a reminder that price gouging during this time is illegal under state law. However, price gouging statutes related to states of emergency are not limited to fires or California, say Richard Lawson and Shoshana Speiser of Manatt Phelps & Phillips LLP.

  • An Unclear Path For Defending Calif. Wage-And-Hour Claims

    Brandon Takahashi

    The California Supreme Court's recent decision in Troester — holding that Starbucks must pay employees for time spent on off-the-clock tasks — is already affecting state wage and hour class actions. One example is a California federal court's recent decision to partially grant class certification in Ser Lao v. H&M, say Brandon Takahashi and Brian Noh of Hinshaw & Culbertson LLP.

  • 4 Key Components To New Firm Partnership Agreements

    Russell Shinsky

    A well-drafted partnership agreement protects a law firm's founders, establishes a process for new and outgoing partners, and sets forth guidelines for navigating conflict along the way. Startup firms can begin with something less complex, but there are important elements that every agreement should include, says Russell Shinsky of Anchin Block & Anchin LLP.

  • Opinion

    Open The Federal Courthouses

    David Oscar Markus

    Forget about cameras, reporters in the Manafort trial were not even permitted in the courtroom with their phones, tablets or computers. That meant no live reporting on Twitter and no emails to the newsrooms with updates. In a world focused on information and news as it happens, this is unacceptable, says trial attorney David Oscar Markus.

  • Look Out, Tax Zapper Users: Feds Join State-Level Crackdown

    Matthew Lee

    Two weeks ago federal prosecutors announced criminal tax charges against the owners of five Chicago-area restaurants as part of an ongoing federal investigation into the underreporting of gross receipts using sales suppression software. These cases are significant not only as the first federal charges against business owners in many years but also because they appear to be part of a larger investigation of Chicago-area businesses that use zappers, says Matthew Lee of Fox Rothschild LLP.

  • 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.