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Hospitality
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January 16, 2024
Embattled Burger Chain Not Paying Property Taxes, Suit Says
A beleaguered burger chain grappling with frozen assets stemming from healthcare fraud charges against a businessman is now facing a civil suit by a landlord claiming it hasn't paid property taxes on or properly maintained a few locations in Michigan.
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January 16, 2024
Wyndham Earns Default Win In Timeshare Suit, Judge Says
Wyndham Vacation Ownership Inc. should be granted a default win in its suit accusing multiple companies of charging unnecessary fees to help customers exit their timeshares, a Florida federal magistrate judge said, noting that one company failed to respond.
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January 16, 2024
Conn. Judge Doubts Common Law Allows Wine Tasting Death Suit
A Connecticut state court judge on Tuesday appeared skeptical of a lawsuit by the estate of a restaurant employee who died in a car crash after a "mandatory" wine tasting, questioning whether exceptions in workers' compensation and dram shop statutes made it impossible for common-law claims to move forward.
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January 16, 2024
Marriott Says Former Foreign Intern Can't Prove Forced Labor
Marriott International Inc. has urged a Colorado federal judge to toss a Mexican citizen's proposed class action accusing the company of exploiting foreign interns for cheap labor at its St. Regis Hotel in Aspen, saying he lodged nothing but "bald accusations."
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January 16, 2024
Judge Nixes Six Flags Suit After Finding No Skadden Conflict
A Texas federal judge has dismissed with prejudice a shareholder derivative suit against Six Flags' board of directors over the company's failed attempt to expand amusement parks into China, saying the shareholder's argument that conflicted counsel advised the board is without merit.
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January 16, 2024
Panda Restaurant Group Atty Rejoins Fisher Phillips In LA
An in-house attorney for Panda Restaurant Group Inc. has returned to international labor and employment firm Fisher Phillips after two years, the firm said Tuesday.
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January 16, 2024
Trump Gag Order Not Constitutional Issue, NY Top Court Says
New York's top appellate court on Tuesday rejected Donald Trump's initial challenge to gag orders issued during the state attorney general's civil fraud case that limited his ability to comment on court staff, ruling that the former president failed to raise a "substantial constitutional question."
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January 16, 2024
Catching Up With Delaware's Chancery Court
Delaware's Court of Chancery tuned in to several music-related disputes last week, with two settlements involving Sirius XM and a new case over the late musician Prince's estate. Other litigation related to various ventures focused on house-flipping, house-cleaning, home-building, funerals and hospital workers' scrubs.
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January 16, 2024
Travel-Focused PE Shop Clinches $1.26B Private Credit Fund
Travel- and leisure-focused private equity firm KSL Capital Partners LLC, advised by Simpson Thacher & Bartlett LLP, on Tuesday announced that it has completed fundraising for its latest private equity fund after securing $1.26 billion of commitments from partners.
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January 16, 2024
High Court Won't Review Rabobank Chicken Price-Fixing Win
The U.S. Supreme Court refused on Tuesday to review contentions from chicken buyers that a lower court was wrong to toss their claims that Rabobank helped orchestrate an industrywide price-fixing scheme.
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January 12, 2024
Reality Star Lisa Vanderpump Faces Fired Bartenders' Suit
Reality TV star and former "The Real Housewives of Beverly Hills" cast member Lisa Vanderpump has been sued in California court by a couple of bartenders who worked for her and her husband at one of their posh West Hollywood eateries — until the duo complained about substandard work conditions.
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January 12, 2024
NLRB Wants Starbucks To Rehire Fired Union Supporters
A regional director of the National Labor Relations Board called on a Michigan federal judge Friday to order the immediate rehiring of two fired Starbucks workers, arguing there was cause to believe that the firings were retaliatory and would chill workers' willingness to organize.
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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.
Expert Analysis
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Proposed Immigration Fee Increases May Have A Silver Lining
The recent proposal to increase immigration filing fees may help U.S. Citizenship and Immigration Services improve efficiency, and even the 2,050% increase in the cost of registering for the H1-B lottery may have an upside, say Rebecca Bernhard and Mike Sevilla at Dorsey & Whitney.
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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.