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Hospitality
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January 12, 2024
NC Resort Says Energy Co. Can't Dig Up Trees For Pipeline
A North Carolina resort owner has told the state appeals court that an energy company cannot remove trees on its property, saying a lower court got it wrong when it only granted the resort partial summary judgment and a jury trial was held on that erroneous premise.
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January 12, 2024
2nd Circ. Judge Blasts 'Messy' Agency Rulings Amid Cruise Case
Government agency findings are never entirely right and never entirely wrong, a Second Circuit judge griped Friday while covering an administrative law case concerning a Connecticut company's challenge to a Mississippi River charter granted to European cruise line operator Viking Cruises Ltd.
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January 12, 2024
Boulder Says Airbnb Agreed To Collect Taxes In Fee Spat
A Colorado city is arguing Airbnb agreed to "assume the duties of a tax collector" on behalf of hosts under a 2016 agreement and can't get out of paying more than $415,000 in taxes on guest fees, according to the city's brief urging a state judge to uphold the tax bill.
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January 12, 2024
Justices Take Up Starbucks' NLRB Injunction Challenge
The U.S. Supreme Court is poised to standardize the circuit courts' approach to vetting National Labor Relations Board injunction bids after accepting on Jan. 12 Starbucks' challenge to a Sixth Circuit ruling upholding an order to rehire seven fired workers.
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January 12, 2024
Choice Hotels' Hostile Takeover Bid Under FTC Microscope
Following Choice Hotels Inc.'s repeated assertions that its hostile takeover bid of Wyndham Hotels & Resorts wouldn't trigger a Federal Trade Commission challenge, Wyndham confirmed this week that the commission has issued a 40-page "second request" regarding the deal.
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January 11, 2024
Son's Bid To Cut Mom Off From Bar Biz Too Hard To Swallow
A Colorado state judge on Thursday turned down a bid to give sole control of a popular Denver-area restaurant and bar chain to the company's CEO and strip power over the business from the executive's mother, finding that loose oversight of company funds long predates their dispute.
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January 11, 2024
Hotel Resists Rehire Order As It Seeks Supreme Court Review
A Los Angeles hotel has asked the Ninth Circuit to pause its order enforcing a National Labor Relations Board decision forcing it to rehire union workers following a major renovation, saying the U.S. Supreme Court must first resolve a circuit split on the issue of "anti-union animus."
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January 11, 2024
NY Hotspot Can't Shut Door On $10M Customer List Theft Suit
The owners of a Manhattan hotspot called Sei Less failed to persuade a New York federal judge on Thursday to toss a $10 million lawsuit surrounding allegations they stole customer lists from their old job and sabotaged the reservation books on their way out the door.
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January 11, 2024
Ex-Cay Clubs CFO Sentenced To More Than 17 Years In Prison
A Florida federal judge on Thursday sentenced the ex-chief financial officer of the Cay Clubs Resorts and Marinas to more than 17 years in prison following his 2022 conviction for participating in a $40.7 million fraud involving the creation of fake purchases to secure bank loans.
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January 11, 2024
Ruling Would Destroy DOI's Land Trust Limits, Casinos Say
Three Detroit casino operators are urging the D.C. Circuit to uphold a lower court's ruling that blocked the Sault Ste. Marie Tribe of Chippewa Indians from acquiring land for two casino developments, saying the tribe is attempting to erase the limits on the federal government taking land into trust for Native American tribes.
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January 11, 2024
Judge Backs Union In Banquet Server's Representation Suit
A New York federal judge has handed an early win to a labor union sued by a member, while also raising concerns that the member, a banquet server also pursuing Labor Management Relations Act claims against Marriott, is receiving legal help despite filing pro se following the death of his attorney.
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January 11, 2024
Hilton Operator Let Out Of Suit Over Fla. Hit-And-Run Death
A Florida state appeals court won't reinstate a widow's claims against the operator of a Hilton resort in a hit-and-run death suit, saying the driver was not working in the scope of his employment when the collision occurred.
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January 11, 2024
Disney Says 11th Circ. Decision Strengthens Free Speech Suit
Disney's hospitality arm used the Eleventh Circuit's recent ruling in a Florida state attorney's case against Gov. Ron DeSantis to strengthen its own First Amendment case against him.
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January 11, 2024
Real Estate Rumors: Deutsche, Decron, Valley National
Deutsche Bank is said to be the lender of a $133 million loan for a Florida mixed-use project, Decron Properties is reportedly leaving the LA market following the sale of two properties for nearly $41 million, and Valley National Bank is believed to be providing $71 million in construction financing for a Queens residential project.
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January 11, 2024
Insurer Pins Golf Club's Frozen Pipe Damage On Contractors
Philadelphia Indemnity Insurance Co. took a pair of construction contractors to Pennsylvania state court over $280,000 in damages to a Pittsburgh golf club caused by a burst pipe, claiming the companies are responsible for reimbursing the insurer's coverage payment.
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January 11, 2024
Colo. Bill Would Boost Property Tax On Short-Term Rentals
Many Colorado properties used as short-term rentals would be classified as lodging for property taxation under legislation introduced in the state Senate.
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January 11, 2024
Trump Speech Caps Chaotic NY Trial: 'I Am An Innocent Man'
Former President Donald Trump spoke directly to the judge during closing statements in the New York attorney general's civil fraud trial Thursday, proclaiming his innocence and arguing that the state should pay him back for what he called a political "persecution."
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January 11, 2024
NY Judge In Trump's Fraud Trial Receives Bomb Threat
The New York state judge presiding over former President Donald Trump's civil fraud trial was targeted with a bomb threat Thursday morning before hearing closing arguments in the case, according to law enforcement and court officials.
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January 10, 2024
Wynn Seeks Nix Of Back Pay Award After Worker's Racial Slur
A Wynn casino and resort in Massachusetts filed suit against two unions, seeking to toss an arbitration award that ordered the reinstatement and compensation of back pay to an employee who was fired for referring to a Black co-worker as a "monkey."
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January 10, 2024
9th Circ. Restores Union's Arbitration Win Over 2 Hyatt Hotels
The Ninth Circuit reinstated an arbitration award Wednesday ordering Hyatt to secure a franchisee's assumption of a neutrality agreement Hyatt signed to respect workers' unionization efforts at two Hollywood hotels, finding Hyatt transferred its role as the hotels' operator to the franchisee, making the franchisee a successor to the agreement.
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January 10, 2024
Al Habtoor Hits Lebanon With $1B Dispute As War Fears Loom
Al Habtoor Group said Wednesday it had filed a dispute notice against Lebanon, claiming the country's breaches of its bilateral investment treaty with the United Arab Emirates amount to approximately $1 billion involving luxury hotels branded under Hilton Hotels & Resorts and other ventures.
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January 10, 2024
Kroger Urges Justices To Review TM Dispute With Grubhub
The Kroger Co. has urged justices to review a Seventh Circuit decision that held Grubhub Inc.'s logo does not infringe the one used by Kroger's meal-kit delivery service Home Chef, arguing the lower courts did not conduct a full likelihood-of-confusion analysis between each product's fork-and-knife logo.
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January 10, 2024
Vegas Nightclub Co. Says Trafficking Claims Filed Too Late
A Las Vegas hospitality management company asked a Nevada federal judge to dismiss a sex trafficking lawsuit, saying the claims were brought too late.
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January 10, 2024
Mich. Justice Says COVID Measures 'Singled Out' Gyms
Two Michigan Supreme Court justices seemed open Wednesday to reviving lawsuits from gyms and restaurants seeking compensation from the state after they were forced to either close or scale back their services during the COVID-19 pandemic.
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January 10, 2024
Eateries Press NC Justices To Force COVID-19 Loss Coverage
A group of restaurants and bars pressed the North Carolina Supreme Court on Tuesday to force an insurer to pay for losses incurred because of COVID-19, arguing their policies don't require physical destruction but an inability to use property to trigger coverage.
Expert Analysis
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Atty-Client Privilege Arguments Give Justices A Moving Target
Recent oral arguments before the U.S. Supreme Court in a case regarding the scope of the attorney-client privilege appeared to raise more questions about multipurpose counsel communications than they answered, as the parties presented shifting iterations of a predictable, easily applied test for evaluating the communications' purpose, say Trey Bourn and Thomas DiStanislao at Butler Snow.
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5 Gen X Characteristics That Can Boost Legal Leadership
As Generation X attorneys rise to fill top roles in law firms and corporations left by retiring baby boomers, they should embrace generational characteristics that will allow them to become better legal leaders, says Meredith Kahan at Whiteford Taylor.
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6 Questions For Boutique Firms Considering Mergers
To prepare for discussions with potential merger partners, boutique law firms should first consider the challenges they hope to address with a merger and the qualities they prioritize in possible partner firms, say Howard Cohl and Ron Nye at Major Lindsey.
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The Issues Shaping Labor Market Antitrust Litigation In 2023
Questions about whether traditional antitrust analysis should apply to labor market abuses will continue to define litigation over agreements restricting employment this year, as courts grapple with the sufficiency of pleadings, parties' evidentiary burdens, affirmative defenses and jury instructions, say Manly Parks and Randy Kim at Duane Morris.
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Del. Justices' Reversal Of Boardwalk Award May Apply Widely
The Delaware Supreme Court's recent Boardwalk Pipeline v. Bandera Master Fund decision that a general partner wasn't liable for willful misconduct is likely to have wide applicability for noncorporate entities, which courts are unlikely to view as entitled to more protection than Boardwalk's public unit holders, say attorneys at Fried Frank.
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5 Tips For Adding Value To Legal Clients' Experience In 2023
Faced with a potential economic downturn this year, attorneys should look to strengthen client relationships now by focusing on key ways to improve the client experience, starting with a check-in call to discuss client needs and priorities for the coming year, say attorneys at Troutman Pepper.
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A Tumultuous 2022 For CRE And What Comes Next
The year 2022 was one of unexpected challenges for the commercial real estate industry, including war in Ukraine and rising inflation, but despite lingering effects of certain factors, there is reason to hope that activity will pick up later this year, says Bonnie Neuman at Cadwalader.
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6 Ways To Avoid Compounding Errors When Practicing Law
For lawyers and law firms, inevitable human error can lead to claims of malpractice or ethical violations, but the key is to avoid exacerbating mistakes by adding communication failures, conflicts of interest or insurance coverage losses, says Mark Hinderks at Stinson.
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State AGs May Double Down On Bipartisan Issues In 2023
In 2023, state attorneys general may focus increasingly on bipartisan issues that affect their constituents on a daily basis — including privacy, competition and consumer protection — following the zero net change among the partisan divide of state attorneys general last year, says Stephen Cobb at Holland & Knight.
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What Will Keep Legal Talent Professionals Up At Night In 2023
Hybrid work environments, high demand for lateral hires and a potential slowdown of the economy defined 2022 in the always-busy marketplace for legal talent, and as BigLaw looks at the year ahead, there are five major sources of concern for the teams charged with securing and retaining that talent, say advisers at Baretz+Brunelle.
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The Most-Read Legal Industry Law360 Guest Articles Of 2022
A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from the "great resignation" to potential expansion of attorney-client privilege.
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What 3 Legal Industry Trends From 2022 Mean For Next Year
Kate Reder Sheikh at Major Lindsey & Africa looks back on the year in legal recruiting, including practice areas that saw the most movement, which regions seemed most ripe for new office openings and who was promoted to partner, and makes some look-ahead predictions for 2023.
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Learning From This Year's Legal Industry Discrimination Suits
To limit the risk of lawsuits and make the workplace a more welcoming environment for female attorneys, it is important to reflect on lawyers' recent discrimination and sexual harassment claims against law firms and public employers, says Hope Comisky at Griesing Law.
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Series
The Future Of Legal Ops: AI Has Important Role To Play
Though the debut of OpenAI's ChatGPT has prompted some fears about negative impact on lawyers, artificial intelligence technology can be a powerful tool for legal operations professionals if used effectively to augment their work, say Justin Ben-Asher and Gwendolyn Renigar at Steptoe, and Elizabeth Matthews at TotalEnergies.
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4 Proactive Strategies For 'Rocket Docket' Discovery In SDNY
With more than half of Southern District of New York judges now allowing four or fewer months for fact discovery, civil litigators in this aspiring "rocket docket" jurisdiction should prioritize case management methods that make the most of this compressed timeline, say Jaclyn Grodin and Nicholas Cutaia at Goulston & Storrs.