• 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.

  • November 21, 2017

    Calif. County Asks 9th Circ. To Rehear Tribal Casino Row

    A California county on Monday urged the Ninth Circuit to rethink a panel ruling backing a lower court’s support of the U.S. Department of the Interior's decision to take land into trust for a proposed Ione Band of Miwok Indians casino.

  • November 21, 2017

    Calif. Tribe Fights Union Over Labor Arbitration At 9th Circ.

    A California tribe has told the Ninth Circuit that the court and not an arbitrator should decide whether to arbitrate a labor dispute involving two employees who say they were fired for supporting a union representing tribal casino employees.

  • November 21, 2017

    Chicago's Whitehall Hotel Hits Houston Hotel With TM Suit

    Chicago’s historic The Whitehall Hotel says a Houston hotel that opened in 2016 is infringing its trademarks by having both the same name and a confusingly similar logo, according to a complaint filed in Illinois federal court on Monday.

  • November 20, 2017

    Real Estate Rumors: Mizuho Americas, MMG Equity, PNC Bank

    Mizuho Americas has reportedly leased another 270,000 square feet on Sixth Avenue in New York, MMG Equity Partners has reportedly bought a Florida grocery-anchored shopping center for $17 million and PNC Bank is said to have loaned $27.3 million for a Florida hotel project.

Expert Analysis

  • Why You Should Consider Hyperlinking Your Next Brief

    Christine Falcicchio

    The shift to electronic filing has somewhat eased the task of reviewing briefs and their supporting files. An e-brief takes e-filing to the next level, says Christine Falcicchio, a principal at Strut Legal Inc.

  • 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.

  • Asian-Americans Facing Challenges In The Legal Industry

    Goodwin Liu

    Asian-Americans are the fastest-growing minority in the legal profession, but recent studies confirm their underrepresentation among partners, prosecutors, judges and law school administrators. We must take action, say Goodwin Liu, associate justice of the California Supreme Court, and Ajay Mehrotra of the American Bar Foundation.

  • 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.

  • A BigLaw Ladies’ Guide To Becoming A 1st-Chair Trial Lawyer

    Sarah Rathke

    Judge Shira Scheindlin recently published an op-ed in The New York Times discussing the statistical truth that law firms have poor representation of female attorneys as first-chair trial lawyers. Backed by data collected by the New York State Bar Association, Judge Scheindlin’s observation is not merely anecdotal. But it doesn’t have to be inevitable, says Sarah Rathke, a partner and trial lawyer at Squire Patton Boggs LLP.

  • 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.

  • 5 Tips To Ensure Proper Deposition Behavior

    Brian McDermott

    If conducted properly, depositions can be a powerful tool. At times, though, opposing counsel employ tactics to impede the examiner’s ability to obtain unfiltered, proper testimony from the deponent. By knowing and effectively using applicable rules and case law, however, deposing attorneys can take specific steps to combat these tactics, say attorneys with Ogletree Deakins Nash Smoak & Stewart PC.