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  • October 30, 2018

    Au Pair Agency Can Arbitrate Wages Suit, 10th Circ. Says

    The Tenth Circuit on Tuesday compelled individual au pairs who challenged the terms of their contract with a placement agency to enter into arbitration to resolve the dispute, reversing a Colorado federal court’s determination that an “offending clause” in the agreement meant the matter should be handled in court.

  • October 30, 2018

    Airbnb Tax Suit Remanded To Florida State Court

    A case pitting a Florida county against Airbnb over the collection and remittance of the state's tourist development tax has been remanded to state court after a Florida federal court said Tuesday there is not enough certainty around the value of the foregone tax at issue for a federal court to the hear the case.

  • October 30, 2018

    Miami Judge Now Also Faces Suspension For Hotel Stays

    A Miami-Dade County judge accused of failing to disclose free and discounted hotel stays that her husband allegedly received as bribes while directing Miami Beach's Building Department consented Monday to adding a 30-day suspension to recommended penalties after the Florida Supreme Court rejected an earlier proposal.

  • October 30, 2018

    Squire Patton Adds 2 To Paris Real Estate Practice

    Squire Patton Boggs LLP has boosted the real estate practice in its Paris office with the appointment of two senior lawyers from Gowling WLG following a search in that city for attorneys who can help broaden Squire Patton's development of services for European clients, the law firm said.

  • October 29, 2018

    Daily Fantasy Sports Are Gambling, NY Judge Says

    A New York state judge found Friday that daily fantasy sports contests, like those offered by DraftKings Inc. and FanDuel Inc., are gambling, and that the state law that legalized them is unconstitutional, but noted that the court can't stop lawmakers from excluding them from the state's anti-gambling penal law.

  • October 29, 2018

    'Many Millions' Sought After Mandalay Bay Sign Pins Man

    The founder of a celebrity talent booking agency is seeking “many millions of dollars” for permanent brain, spine and knee injuries he allegedly suffered when a nearly 400-pound sign blew over in a gust of wind and fell on him outside the Mandalay Bay’s poolside concert venue, the man’s attorney told a Las Vegas jury during Monday opening statements.

  • October 29, 2018

    Marriott Seeks Quick Win In Workers' COBRA Notice Suit

    Marriott International Inc. has asked a Florida federal court for a quick win in a class action suit brought on behalf of former hotel workers over allegedly deficient notices about their rights to continued health care coverage under the Consolidated Omnibus Budget Reconciliation Act.

  • October 29, 2018

    Spirit Not On Board With Passengers' Bag-Fee Fraud Claims

    Spirit Airlines told a New York federal judge that federal law preempts a proposed class action alleging it defrauded consumers by concealing its carry-on bag fees on tickets sold through other online travel agents, while the consumers countered that the airline must be held accountable for its “gotcha” fees.

  • October 29, 2018

    NHL Embraces Sports Betting With MGM Resorts Sponsorship

    The National Hockey League on Monday became the second North American sports league to reach a partnership with a sports betting operator, making MGM Resorts its official partner, as the NHL embraces the spread of sports betting legalization across the United States after fighting for years to prevent it.

  • October 29, 2018

    Fla. Med Spa Hit With $5M TCPA Suit Over Text Messages

    A proposed class of thousands of people has hit a Florida med spa with a $5 million suit in federal court over claims that it violated the Telephone Consumer Protection Act by using an automatic telephone dialing system to send unwanted text messages advertising its treatments.

  • October 26, 2018

    Payment Processing Co.'s Suit Over Rival's Merger Tossed

    A California federal court judge has dismissed without prejudice a payment processing company's antitrust suit challenging a recent merger of its rivals, finding that it didn't define a relevant product market.

  • October 26, 2018

    Ex-Applebee's Hostess To Receive $100K In Trans Bias Case

    An Applebee’s franchisee will pay $100,000 to a transgender hostess the U.S. Equal Employment Opportunity Commission alleged the franchisee fired because of her gender identity, according to a consent decree a New York federal judge approved Thursday.

  • October 26, 2018

    Philly Restaurant Server Denied Class Cert. In Wage Suit

    There were too few waitstaff allegedly stiffed on tips at a Philadelphia restaurant for a federal court to fully certify an ex-waiter’s proposed class of plaintiffs, who can still opt into the minimum-wage case by joinder, a Pennsylvania federal judge ruled Friday.

  • October 26, 2018

    Seattle Hotel Benefits Law Preempted By ERISA, Judge Told

    The ERISA Industry Committee has urged a Washington federal judge to a block a recently revised section of Seattle's municipal code governing hotel employee health benefits, arguing that the city wrongly asserted that the ordinance wasn’t preempted by the Employee Retirement Income Security Act.

  • October 26, 2018

    9th Circ. Won't Revive Mandalay Bay Sex Assault Suit

    The Ninth Circuit on Friday declined a Mandalay Bay bartender’s request to reopen her suit alleging the hotel and her union both failed to adequately shield her from sexual harassment when they rehired a colleague who had allegedly grabbed her breasts, saying the company took reasonable steps to address the situation.

  • October 26, 2018

    Dunkin’ Latest Chain To Face No-Poach Class Action

    The attorney suing multiple fast-food chains for no-poaching agreements added Dunkin’ Donuts to the list Thursday in a proposed antitrust class action filed in New York federal court against the company and a number of its franchises in the state.

  • October 26, 2018

    Venue's Lost Value After Shooting Is Covered, Court Says

    A California appeals court has ruled that Scottsdale Insurance Co. must pay a $923,000 judgment against a security contractor blamed for a 2007 fatal nightclub shooting that cost the club its permit, finding that the venue owner’s claim for lost value falls under Scottsdale’s policy.

  • October 26, 2018

    Steakhouse Servers Win Cert. In Tipped Wage Suit

    A D.C. federal judge has tossed a steakhouse chain’s bid to compel arbitration in a suit claiming servers were not paid minimum wage because the company over the last three years illegally claimed a tip credit, and instead granted conditional certification to the class.

  • October 26, 2018

    Ireland Aims To Cut Down On Airbnb Rentals With New Regs

    Ireland’s housing minister is cracking down on short-term rentals available through online home-sharing platforms such as Airbnb, imposing new regulations to address tight housing supply in big cities as heavy tourist traffic to the Emerald Isle threatens the traditional long-term rental market.

  • October 25, 2018

    Judge Trims Chipotle Breach Row, Slams 'Sloppy Lawyering'

    A Colorado federal judge has axed negligence, trade secrets and a half dozen other claims from a putative class action brought by financial institutions over Chipotle's 2017 data breach, while warning both sides that the court would no longer tolerate "sloppy lawyering" as the trio of remaining claims move forward. 

Expert Analysis

  • The Potential Reach Of High Court's AmEx Antitrust Analysis

    Barry Reingold

    As lower courts decide whether to apply the U.S. Supreme Court's AmEx decision to other types of two-sided markets, the key question will be whether allegedly anti-competitive conduct on one side of a platform may be credibly constrained by indirect network effects on the other, say Barry Reingold and David Chiappetta of Perkins Coie LLP.

  • New Pass-Through Deduction Will Pass Over Many Lawyers

    Evan Morgan

    A few weeks ago, the IRS proposed regulations related to the Tax Cuts and Jobs Act's 20 percent deduction on qualified business income for pass-through entities. The guidance offers long-awaited clarity, but is mostly bad news for many law firms, says Evan Morgan of Kaufman Rossin PA.

  • How Reckless Judicial Impeachments Threaten Rule Of Law

    Jan van Zyl Smit

    Judicial impeachment fever seems to be spreading through the states, with West Virginia legislators recently voting to remove their state's entire Supreme Court, and lawmakers in Pennsylvania and North Carolina threatening the same. These actions are a serious threat to judicial independence, says Jan van Zyl Smit of the Bingham Centre for the Rule of Law.

  • Series

    Judging A Book: Fogel Reviews 'Good Judgment'

    Judge Jeremy Fogel

    In this time of partisan conflict over judicial selection, a new book by Canadian jurist Robert J. Sharpe —​ "Good Judgment" — represents a refreshing, deeply thoughtful departure from binary arguments about how and why judges make decisions, says U.S. District Judge Jeremy Fogel, director of the Federal Judicial Center.

  • 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.