• November 29, 2017

    Pa. Golf Resort CEO Pleads To Ripping Off Company

    The former CEO of a western Pennsylvania golf resort on Wednesday pled guilty to stealing money from the facility and dodging federal income taxes, according to the acting U.S. attorney for the Western District of Pennsylvania.

  • November 29, 2017

    Ex-Drivers Sue Motorino Over Non-Tipped Pizzeria Tasks

    The company behind the popular Motorino pizzerias in New York City and abroad was hit with a wage-and-hour suit Tuesday in federal court by former delivery drivers who claim they had been tasked with performing tip-exempt duties such as washing dishes and mopping floors, even though they weren’t paid minimum wages.

  • November 29, 2017

    Real Estate Rumors: Blackstone, Centennial, Siren Studios

    A Blackstone lending arm has reportedly loaned roughly $650 million for a New York condo tower project, Centennial Bank is said to have loaned $17.66 million for a Florida hotel project, and Siren Studios has reportedly sold its Los Angeles office and retail campus for about $60 million.

  • November 28, 2017

    7th Circ. Upholds Hyatt's $9M Award In Contract Dispute

    The owners of a Los Angeles hotel lost another “pointless” round of litigation on Tuesday, after the Seventh Circuit affirmed a lower court’s ruling that found a $9 million dollar arbitration award to Hyatt in a breach of contract dispute rested on rock-solid legal foundations.

  • November 28, 2017

    Philly Restaurants To Pay $830K In Wage Deal With Feds

    A Pennsylvania federal judge signed off Tuesday on two Philadelphia restaurants’ agreement to pay about $830,000 in back wages and damages to more than 150 workers following a wage and hour investigation by the U.S. Department of Labor.

  • November 28, 2017

    Atty's Contact With Clerk Won't Sink $25M Yacht Deal

    An Illinois appellate court said a $25 million settlement of a lawsuit over a yachting accident should go forward despite improper communication between a court clerk and the injured man’s attorney while the case was on trial, saying Monday the attorney’s behavior isn’t enough to torpedo the deal.

  • November 28, 2017

    Cipriani Group Says Pasta Co. Is Infringing TMs Despite Deal

    Cipriani Group Inc. filed suit in New York federal court Monday alleging that the new owner of rival Italian food purveyor Cipriani’s Pasta & Sauce Inc. is infringing the luxury group’s trademarks and damaging its reputation in violation of an earlier settlement between the two similarly named companies.

  • November 28, 2017

    DC Circ. Backs Toss Of Calif. County's Tribal Casino Fight

    The D.C. Circuit on Monday backed a lower court’s decision to toss a California county’s suit challenging a U.S. Department of the Interior decision supporting a proposed tribal casino, saying the tribe and the county agreed in a 1987 deal that the tribe would be treated as a federally recognized reservation.

  • November 28, 2017

    Insurer Asks 5th Circ. To Ax Landlord's Win Over Lease Case

    An insurance company on Monday urged the Fifth Circuit to find it doesn’t have to provide liability coverage to a Texas shopping center landlord for failing to complete commercial lease negotiations with a new restaurant on time, arguing a lower court wrongly equated a right to occupy with occupancy itself.

  • November 28, 2017

    Arby's Swallows PE-Backed Buffalo Wild Wings In $2.9B Deal

    Arby’s Restaurant Group Inc. has agreed to buy Buffalo Wild Wings Inc. from private equity firm Roark Capital Group for $157 per share, the companies said on Tuesday, in a deal with an enterprise value of roughly $2.9 billion.

  • November 27, 2017

    Disclosures Key In $2.2B Diamond-Apollo Merger Appeal

    Attorneys for a Diamond Resorts International shareholder told Delaware's Supreme Court on Monday that a vice chancellor misjudged the importance of Diamond’s founder’s undisclosed opposition to a $2.2 billion sale to private equity firm Apollo in dismissing a putative class suit claiming that stockholders weren't fully informed about the deal.

  • November 27, 2017

    Janitorial Co. Sues 2 Ex-Employees In Trade Secrets Row

    Illinois-based janitorial services company The Millard Group Inc. sued two of its former employees in Illinois federal court Sunday, claiming one longtime executive stole trade secrets from Millard in order to benefit a competitor, and another employee broke his noncompete agreement in order to work for the same competitor.

  • November 27, 2017

    German Watchdog Denies CTS Eventim's Event Organizer Buy

    Germany’s competition watchdog has blocked CTS Eventim AG from acquiring a majority stake in a Berlin-based booking agency and tour promoting group, dealing another blow to the ticketing giant, which is facing a separate proceeding alleging it may be abusing its dominant position.

  • November 27, 2017

    2nd Circ. Nixes Google, Netflix Appearance In BMI Appeal

    The Second Circuit has denied a request from Google, Netflix and other media industry heavyweights to appear at oral arguments in the U.S. Department of Justice's dispute with Broadcast Music Inc., saying the companies should offer feedback to the court by letter instead.

  • November 27, 2017

    Bob Evans Wants Out Of Workers' Wage-And-Tip Suit

    Restaurant chain Bob Evans urged an Ohio federal court on Monday to toss a proposed class's wage-and-tips collective action under the Fair Labor Standards Act, arguing the employees' claims fail because they never said they received less than full minimum wage during a workweek.

  • November 27, 2017

    Justices Pass On Challenge To Oneida Casino Land Grant

    The U.S. Supreme Court on Monday said it won’t hear bids from a New York town and a nonprofit to review a Second Circuit decision approving the federal government’s decision to take land into trust for the Oneida Indian Nation — a decision that Justice Clarence Thomas said he disagreed with.

  • November 27, 2017

    DOJ Argues No Trump SoHo Hotel, No Emoluments Conflict

    The Trump Organization’s plans to walk away from a Manhattan luxury hotel further undermine an ethics group’s allegations that the building, which bears President Donald Trump’s name, violates the Constitution’s “emoluments” ban on influence-peddling financial dealings, the U.S. Department of Justice told a New York federal judge Friday.

  • November 22, 2017

    Google, Netflix 'Irrelevant' To DOJ 2nd Circ. Appeal, BMI Says

    Broadcast Music Inc. asked the Second Circuit on Wednesday to bar Google, Netflix and media industry players from opposing its right to sell partial interests in music in the U.S. Department of Justice’s suit against the performance rights organization, saying their arguments are irrelevant.

  • November 22, 2017

    Carl's Jr. Loses NLRB Case After Failing To Respond

    In the first National Labor Relations Board decision to include both its newest members Bill Emanuel and Marvin Kaplan, the agency on Tuesday ruled against a Carl’s Jr. facility in Los Angeles that it found illegally prevented workers from talking to union representatives, because the chain never responded to the allegations.

  • November 22, 2017

    Restaurant Groups Sue To Stop NYC Fast-Food Deduction Law

    The National Restaurant Association and its legal affiliate on Tuesday sued New York City to invalidate a statute that would require fast-food businesses to forward voluntary deductions from workers’ paychecks to nonprofits like the “Fight for $15” campaign, saying it tramples on the First Amendment’s protections against compelled speech.

Expert Analysis

  • Hurricane Readiness And Response: The Hospitality Industry

    Karl Heisler

    There are lessons to be learned in how this year's hurricane readiness and response plans stood up to Hurricanes Harvey, Irma and Maria. Many in the hospitality industry are working to incorporate these lessons and revise their readiness plans before the next storm hits, says Karl Heisler of Katten Muchin Rosenman LLP.

  • How Hotel Owners Can Respond To Evolving Technology

    Samantha Ahuja

    As the role of guest-facing technology proliferates and brands update their standards, hotels and hotel managers must negotiate their management and franchise agreements in order to protect themselves, say attorneys with Morris Manning & Martin LLP.

  • The End May Be Nigh For FACTA Claims

    John Papianou

    Until last month, the Eleventh Circuit appeared to be the last place for class action plaintiffs to pursue run-of-the-mill statutory damage claims for failure to truncate credit card numbers under the Fair and Accurate Credit Transactions Act. However, the dismissal of Gesten v. Burger King indicates a shift away from the generous reading of Spokeo that Eleventh Circuit plaintiffs have enjoyed, say John Papianou and Erin Novak of M... (continued)

  • Minimizing Risk Of Borrower Bankruptcy

    Samuel Newman

    As lenders and investors continue to experiment with creative structures to prevent a borrower’s bankruptcy filing, two recent bankruptcy court decisions in the cases of Lexington Hospitality Group and Squire Court Partners provide guidance on valid safeguards, say attorneys with Gibson Dunn & Crutcher LLP.

  • Wage And Hour Takeaways From Proposed TGI Friday's Deal

    David Miller

    A proposed $19.1 million deal to settle wage-related class claims affecting up to 28,800 employees of TGI Friday's was big news. Big news, that is, until a New York federal court quickly sent the parties back to the drawing board. The proposed settlement and the court’s reaction to it point up a number of hot spots in wage and hour suits, says David Miller of Bryant Miller Olive.

  • An Inch, 3% Or 10 Calories: Which Is Material?

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    Class plaintiffs often accuse food manufacturers of misrepresenting their product offerings. There are many examples of discrepancies seized on by the plaintiffs bar between what the manufacturer advertised and what the consumer received. But as three recent cases demonstrate, proving a material misrepresentation can be challenging, says Reena Bajowala of Jenner & Block LLP.

  • China's US Interests Are In For A Roller Coaster Ride

    Kai Wang

    China is increasingly emerging as an engaged United States investor and business partner, though some regulatory and geopolitical realities have tempered the Chinese enthusiasm. Anyone involved with Chinese investments in the U.S. should be prepared for uncertainty as a result of both China's tightened outbound approval regime and heightened scrutiny from the U.S. side, says Kai Wang of Carlsmith Ball LLP.

  • How Plaintiffs And Defense Counsel Misperceive Each Other

    Daniel Karon

    What makes the practice of law so stressful? Our thesis is that it comes from being terrible to each other. As a plaintiffs lawyer and a defense lawyer, we asked what we believed our opposition thought about us and how our opposition judged us — and then we compared notes, say Daniel Karon of Karon LLC and Philip Calabrese of Porter Wright Morris & Arthur LLP.

  • Why A Subway Sandwich Class Settlement Didn't Measure Up

    Gerald Maatman Jr.

    The Seventh Circuit recently rejected a class action settlement involving Subway sandwich purchasers who sued for alleged consumer fraud, calling the settlement "worthless" in terms of alleged relief to the class. Companies defending such litigation cannot expect to "buy peace" by simply paying off plaintiffs lawyers, say Gerald Maatman Jr. and John Marrese of Seyfarth Shaw LLP.

  • Economy Conditions Complicate Business Interruption Claims

    Vincent Morgan

    Business interruption claims are frequently the most difficult and hotly contested of insurance claims, and this is even more so in the aftermath of large-scale natural disasters like Hurricanes Harvey and Irma. One common dispute is whether the measurement of business interruption should take into account the post-loss area-wide economic conditions, say attorneys with Pillsbury Winthrop Shaw Pittman LLP.