• 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.

  • November 22, 2017

    Judge Trims 'Space Tourist' Claims Over $30M Deposit

    A Virginia federal judge Tuesday whittled down a prospective space traveler’s suit alleging a commercial space travel company fooled him into agreeing to pay a $30 million nonrefundable deposit on false pretenses, rejecting the jilted customer’s conversion and unjust enrichment charges while letting stand allegations of fraud and breach of contract.

  • November 22, 2017

    Deals Rumor Mill: Bank of Sharjah, Penta Investments, Actis

    Two United Arab Emirates financial institutions could merge to create a single entity boasting about 50.6 billion dirhams, CEFC and Penta Investments are partnering on a bid for Time Warner’s Central European Media Enterprises, and Standard Chartered is nearing a sale of its real estate principal finance business.

  • November 22, 2017

    NC Casino Operator Moves To Nix Unpaid Wages Suit

    The operator of a pair of North Carolina tribal casinos has urged a federal judge to toss a proposed class and collective action accusing it of failing to pay certain employees for all the hours they worked.

  • November 22, 2017

    How Associate Bonuses May Highlight BigLaw's Profit Gap

    In past years, many BigLaw firms have played follow-the-leader in matching associate bonuses to those set by the most profitable firms, but as law firm profit gaps grow, experts say it's likely that bonuses at less profitable firms will remain on trend with past years even as their counterparts up the ante for a select few associates.

  • November 21, 2017

    Palm Families Make Final Bid For $71M In Licensing Fees

    Family members behind the famous Palm steakhouse in Manhattan said Tuesday in closing trial arguments that they were cheated out of $71 million in intellectual property licensing value by the cousins who built a single trendy outpost into an empire, and certain family members essentially relied on a lack of scrutiny to stick to an extremely low status-quo licensing fee.

  • November 21, 2017

    7-Eleven Settles Prop 65 Coffee Case, Will Post Signs

    7-Eleven Inc. will post signage alerting California consumers to the presence of a cancer-linked chemical in coffee products and pay $900,000 in penalties and costs, according to a settlement approved by a California judge on Tuesday in a Proposition 65 case that’s still ongoing against dozens of other coffee roasters and retailers.

  • November 21, 2017

    SEC Sues Long Island Town, Ex-Official For Securities Fraud

    The U.S. Securities and Exchange Commission on Tuesday hit the Long Island town of Oyster Bay and its former top elected official with a securities fraud suit alleging that they concealed from investors the town’s indirect guarantees of more than $20 million in private loans to a local businessman who ran concessions and restaurants at town facilities.

  • November 21, 2017

    NJ Hotel Settles Suit Over Housekeeper's Unequal Pay

    A New Jersey hotel has agreed to compensate a female housekeeper who was allegedly fired after complaining that male employees, including her own son, were being paid more for doing the same work, the state Office of the Attorney General said Tuesday.

  • November 21, 2017

    Country Club Mgr. Loses Bid For $6M Crash Deal Coverage

    A pair of CNA Financial Corp. insurers don't have to cover country club manager Heathland Hospitality Group LLC's $6 million settlement of a lawsuit accusing it of overserving alcohol to a patron who later caused a fatal car accident, a Pennsylvania federal judge ruled Tuesday, finding that liquor liability policy exclusions apply to bar coverage.

  • November 21, 2017

    9th Circ. Kills Yelp Investor Action Over FTC Complaints

    The Ninth Circuit on Tuesday backed a lower court judge’s decision to dismiss a shareholder suit against Yelp Inc., saying the plaintiffs can’t rest their fraud case on the fact that the company’s stock price fell after the FTC disclosed it was the subject of over 2,000 regulatory complaints.

  • November 21, 2017

    Equinox Facing TM Claims Over Hotel Expansion Plan

    A small firm called Equinox Hotels asked a California federal judge on Monday to block high-end gym giant Equinox from expanding into hotels, claiming the bigger rival threatens to “usurp” the company’s identity.

Expert Analysis

  • 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.

  • Risks And Rules For Data Collection At Retail Properties

    Daniel Ray

    Brick-and-mortar retailers and other property-level businesses have increasingly taken advantage of technology in learning about consumer behavior. But security breaches of consumer information have led to government investigations and multimillion-dollar settlements. Businesses should incorporate privacy principles at every stage of the development of data tracking and collection programs, say attorneys with King & Spalding LLP.

  • Navigating The Amazon: Retail Leases Must Evolve

    Excerpt from Lexis Practice Advisor
    S.H. Spencer Compton

    Amazon has changed the way consumers shop, and shopping center owners have reacted by repositioning their properties in a variety of ways. Both retail tenants and landlords need to be optimistic and nimble, and both sides should be accommodating when faced with failing results, say S.H. Spencer Compton of First American Title Insurance Co., and attorney Diane Schottenstein.

  • How Collaboration Is Changing Inside Some Law Firms

    Chris Cartrett

    In our recent survey of business of law professionals, nearly half of respondents said that who they collaborate with, inside their law firm, is different from five years ago, says Chris Cartrett of legal software provider Aderant.

  • Defibrillator Ruling: A Relief For Calif. Businesses

    Jeremy Freedman

    The California Legislature and California courts have stayed largely silent on whether there is a duty to use a defibrillator on a person who has suffered cardiac arrest. But a recent ruling from the San Diego Superior Court signifies an important step in providing legal protection to businesses that maintain defibrillators, says Jeremy Freedman of Parker Straus LLP.

  • The Psychology Of Hourly Fee Arrangements

    J.B. Heaton

    The range of possible and better fee agreements is wide. But such alternatives will become popular only if litigants confront the psychological tendencies shaping their existing fee arrangements, says J.B. Heaton, a partner at Bartlit Beck Herman Palenchar & Scott LLP.

  • A Proposed Step Toward Uniform Cruise Passenger Rights

    Eric Lee

    The recently introduced Cruise Passenger Protection Act of 2017 does not seek many material changes to passengers' statutory or common law legal rights against cruise lines, but rather appears aimed at uniformity of passenger protections across state lines, say Eric Lee and Michael Cavanaugh of Holland & Knight LLP.

  • 8th Circ. Sick Day Decision Hinged On Company 'Loyalty'

    Eve Wagner

    The benefits employees enjoy in belonging to a labor union can be numerous. However, as the Eighth Circuit recently demonstrated with its decision in MikLin Enterprises Inc. v. National Labor Relations Board, a union can't protect against termination if an employer finds an employee bad-mouthed the business to the extent that it impacts revenue, says Eve Wagner of Sauer & Wagner LLP.

  • Opinion

    Patchak V. Zinke Stresses Need For Separation Of Powers

    James Marino

    Patchak v. Zinke may be one of the most important cases that the U.S. Supreme Court will hear in the coming term, as it will address whether Congress has the right to retroactively declare that what was illegal can be "made legal" by legislative dispensation, rendering the Administrative Procedure Act's protections essentially vapid and illusory, says James Marino.

  • Lessees Left In Limbo

    Kate Thomas

    The Ninth Circuit’s recent decision in Spanish Peaks casts doubt on the scope of protection that lessees may have when their leased real property is sold under Section 363 of the Bankruptcy Code, says Kate Thomas of Squire Patton Boggs LLP.