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Hospitality
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February 09, 2024
Atlanta Atty Keeps $1.15M Fee Award Despite Tossing Notes
A Georgia state appellate court has upheld an award of $1.15 million in attorney fees to a solo-practice attorney, saying an Atlanta-based airport travel spa operator he did work for failed to show the trial court was wrong in finding the attorney didn't have to save notes about the legal services he provided.
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February 09, 2024
Burford Can't Sub For Sysco In Pork, Beef Price-Fixing Suits
Legal investment firm Burford Capital cannot substitute for Sysco in sprawling price-fixing lawsuits against pork and beef producers because doing so would extend the litigation just so Burford can maximize its return on investment, a Minnesota federal judge ruled Friday.
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February 09, 2024
Mother, Son Call Truce In Dispute Over Denver Bar Chain
A mother and son suing each other over a Denver-area restaurant and bar chain said Friday they would pause their fight as they try to divide their business and personal finances, just as the mother was preparing to argue her son improperly tried to negotiate a settlement while driving her to the airport.
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February 09, 2024
Off The Bench: NCAA NIL Rule Lives; Dartmouth Players Win
In this week's Off The Bench, a Tennessee judge sends mixed signals to the NCAA in the fight over its NIL recruiting ban, Dartmouth's basketball players tally a win for college athletes' unionization efforts, and DraftKings tries to stop rival Fanatics from benefiting from a former executive who switched sides. If you were on the sidelines over the past week, Law360 is here to clue you in on the biggest sports and betting stories that had our readers talking.
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February 09, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen a Saudi Arabian property investor file legal action against RLS Solicitors, Aspire Pharma and Bayer Intellectual Property tackle a patent dispute, the owners of soccer club West Ham United FC raise a red card against E20 Stadium LLP with a commercial fraud action, and accountants BDO file another commercial claim against the managing directors of KGJ Insurance Services. Here, Law360 looks at these and other new claims in the U.K.
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February 08, 2024
DOJ Investigating Metropolis Tech's $1.5B SP Plus Deal
Mobility services provider SP Plus said on Wednesday that it had received another request for information from the U.S. Department of Justice on its planned $1.5 billion merger with Metropolis, a payments tech company.
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February 08, 2024
Renderings Pitch White Sox Ballpark In Chicago's South Loop
Developer Related Group has released a series of renderings to tease a possible move by the Chicago White Sox from their Guaranteed Rate Field to a new riverfront site in the city's South Loop.
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February 08, 2024
Winery Wedding Ban Doesn't Stomp Out Speech, Group Says
A Michigan township's law limiting wineries' ability to host events and weddings is not restricting their speech, a nonprofit backing the regulations said Wednesday, as it tries to whittle down the vintners' constitutional claims ahead of an April trial.
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February 08, 2024
Exec Barred From Using DraftKings Info At New Fanatics Job
A former DraftKings Inc. executive who recently jumped to competitor Fanatics won't be allowed to use any of the information he allegedly accessed in his final days with the Massachusetts-based gaming platform to draw potential high-value Super Bowl bettors over to his new employer, a Massachusetts federal judge ruled Thursday.
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February 08, 2024
Mass Shooting Survivor Loses $17M Judgment On Appeal
A Texas appellate court has overturned a mass shooting victim's $17 million judgment she won against a restaurant after accusing one of its managers of not sufficiently intervening, ruling that the food joint can't be held to account because the manager wasn't found to have had a responsibility to control the shooter.
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February 08, 2024
2nd Circ. Backs Kay Jewelers' Victory In Age Bias Suit
The Second Circuit refused Thursday to revive a former Kay Jewelers manager's suit claiming he was forced to quit because of his boss's incessant ageist insults, finding the retailer appropriately handled the situation after the employee complained to human resources.
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February 08, 2024
Live Nation Worker Can Fight $5.5M Disputed Atty Fee
A New York appeals court on Thursday sustained a breach of contract counterclaim in a suit over $5.5 million in attorney fees against Morelli Law Firm PLLC stemming from a Live Nation event worker's historic $20 million personal injury award.
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February 08, 2024
Deals Rumor Mill: Club Med, Galderma, Sierra Space
China’s Fosun is exploring a Club Med minority-stake sale, Galderma's IPO could yield a $20 billion value, and Sierra Space Corp. is making its own IPO plans. Here, Law360 breaks down the notable deal rumors from the past week.
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February 08, 2024
McDonald's Ends Suit Accusing Managers Of Racist Abuse
McDonald's and a franchisee have resolved a race bias suit from Black former workers who said their managers called them "ghetto" and "smelly" and fired one of them for complaining about it, according to a filing in Illinois federal court.
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February 08, 2024
NY Judge Scolds Trump Attys For Response To Perjury Query
The New York state judge overseeing Donald Trump's civil fraud trial on Thursday chastised defense attorneys for their "misleading" response to his demands for information about reports of possible perjury by defendant and key trial witness Allen Weisselberg.
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February 07, 2024
Athens Airport's $845M IPO Takes Flight, Steered By 8 Firms
Shares of Athens International Airport SA rose in debut trading Wednesday following an $845 million initial public offering that priced at the top of its range, a landmark IPO for the Greek government that was guided by eight law firms.
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February 07, 2024
Wyndham Gets Joint Employer Claim Cut From Trafficking Suit
An Ohio federal judge has partly granted Wyndham's motion to dismiss an anonymous accuser's claims that the hotel giant's inaction facilitated sex trafficking, reasoning the hotel company didn't exercise enough control over a franchise location's employees to be held liable as a joint employer.
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February 07, 2024
DraftKings Fight With Ex-Exec Intensifies Amid Dueling Filings
DraftKings is arguing that one of its former executives who left to join rival Fanatics must have his lawsuit over noncompete agreements heard in California federal court, not state court, saying he went to great lengths to defraud the court into thinking diversity jurisdiction doesn't apply.
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February 07, 2024
Trump Trial Judge Gets Little Info On Exec's Alleged Perjury
An attorney for Donald Trump and his companies' former chief financial officer Allen Weisselberg told the New York state judge presiding over their civil fraud trial Wednesday that she could not respond to "unsubstantiated" reports that the ex-CFO was in plea negotiations for allegedly lying on the stand, citing her ethical obligations.
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February 07, 2024
Don't Halt Rehire Order At Hotel Bel-Air, NLRB Tells 9th Circ.
A Los Angeles hotel can't stall the enforcement of a National Labor Relations Board decision ordering the company to rehire more than 100 employees, the NLRB told the Ninth Circuit, saying the hotel hasn't shown that it's likely the U.S. Supreme Court will take up this dispute.
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February 07, 2024
South Fla. Resort Heads To Liquidation After Failed Sale
A Florida bankruptcy judge took no issue Wednesday with converting a West Palm Beach, Florida, resort's insolvency case to a Chapter 7 liquidation of its assets after a $102 million Chapter 11 sale fell through last year.
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February 07, 2024
Colo. Urges Court To Reject Bid To Nix Delivery, Ride Fees
A Colorado court should throw out a suit from a conservative group challenging new fees on deliveries and online ride-hailing services, attorneys for the state said, arguing that the transportation funding law that created them does not violate any state statutes.
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February 07, 2024
Panel Says Ohio Broke Promise In Brewery District Land Fight
The Ohio appeals court ruled against the Buckeye State's transportation officials in a battle with Columbus business owners over property the state needed for a highway project, finding that the state agency's counsel acknowledged it did not deliver what it promised in a previous settlement.
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February 07, 2024
Starbucks Argues NLRB Has No Say In Firing Decision
Starbucks has urged a Michigan federal judge to deny the National Labor Relations Board's request to force the company to rehire two fired workers, saying the board doesn't have the right to interfere with the coffee chain's managerial decisions.
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February 07, 2024
Mass. Residents Want High Court To Undo Tribe's Land Grant
A group of Massachusetts residents are asking the U.S. Supreme Court to reverse a ruling that allowed the U.S. Department of the Interior to take 321 acres into trust for the development of a billion-dollar tribal hotel and casino, arguing that a lower court ignored precedent in determining that the Mashpee Wampanoag Tribe is under federal jurisdiction.
Expert Analysis
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Mich. Statute Of Limitations Cases Carry Nationwide Impacts
The outcomes of Dine Brands v. Eubanks and Walt Disney v. Eubanks, currently working their way through the Michigan courts, are likely to affect how statutes of limitations in unclaimed property audits are calculated nationwide as well as within the state, given the widespread adoption of similar model provisions by many other states, say attorneys at McDermott.
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Joint Representation Ethics Lessons From Ga. Electors Case
The Fulton County district attorney's recent motion to disqualify an attorney from representing her elector clients, claiming a nonconsentable conflict of interest, raises key questions about representing multiple clients related to the same conduct and highlights potential pitfalls, say Hilary Gerzhoy and Grace Wynn at HWG.
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Lawyer Discernment Is Critical In The World Of AI
In light of growing practical concerns about risks and challenges posed by artificial intelligence, lawyers' experience with the skill of discernment will position them to help address new ethical and moral dilemmas and ensure that AI is developed and deployed in a way that benefits society as a whole, says Jennifer Gibbs at Zelle.
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Don't Forget Alumni Engagement When Merging Law Firms
Neglecting law firm alumni programs after a merger can sever the deep connections attorneys have with their former firms, but by combining good data management and creating new opportunities to reconnect, firms can make every member in their expanded network of colleagues feel valued, say Clare Roath and Erin Warner at Troutman Pepper.
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Without Stronger Due Diligence, Attys Risk AML Regulation
Amid increasing pressure to mitigate money laundering and terrorism financing risks in gatekeeper professions, the legal industry will need to clarify and strengthen existing client due diligence measures — or risk the federal regulation attorneys have long sought to avoid, says Jeremy Glicksman at the Nassau County District Attorney’s Office.
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Every Lawyer Can Act To Prevent Peer Suicide
Members of the legal industry can help prevent suicide among their colleagues, and better protect their own mental health, by learning the predictors and symptoms of depression among attorneys and knowing when and how to get practical aid to peers in crisis, says Joan Bibelhausen at Minnesota Lawyers Concerned for Lawyers.
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DUI Liability Ruling Affirms SC Isn't Direct Action-Friendly
The Supreme Court of South Carolina's recent decision in Denson v. National Casualty not only clarifies the state's jurisprudence surrounding private rights of action and negligence per se, but also tacitly reinforces that South Carolina is not a direct-action state, say Anna Cathcart and Turner Albernaz at Phelps Dunbar.
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Building On Successful Judicial Assignment Reform In Texas
Prompt action by the Judicial Conference could curtail judge shopping and improve the efficiency and procedural fairness of the federal courts by implementing random districtwide assignment of cases, which has recently proven successful in Texas patent litigation, says Dabney Carr at Troutman Pepper.
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Opinion
Now Is The Time For Independent Industry Self-Regulation
The high level of trust in business, coupled with the current political and legal landscape, provides an opportunity for companies to play a meaningful role in finding solutions to public policy issues through the exploration of independent industry self-regulation models, says Eric Reicin at BBB National Programs.
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Cities Should Explore Minn. Municipal Alcohol Store Model
Minnesota’s unique alcohol control model that functions at the municipal level may be worth exploring for cash-strapped cities looking for an additional stream of revenue, though there may be community pushback, say Louis Terminello and Bradley Berkman at Greenspoon Marder.
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AmEx Ruling Proves A Double-Edged Sword In Labor Antitrust
Though the U.S. Supreme Court's 2018 decision in Ohio v. American Express was a defense victory, both the plaintiff and defense bars have learned to use the case's holdings to their advantage, with particularly uncertain implications for labor antitrust cases, say Lauren Weinstein and Robert Chen at MoloLamken.
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Peephole Cam Case Lowers The Bar On NY Negligence Claims
A New York state appeals court's recent decision in Brown v. New York Design Center is significant because, barring a contrary state high court ruling, claims of negligent infliction of emotional distress need not demonstrate extreme and outrageous conduct, which could result in an uptick in such claims, say attorneys at Cahill Gordon.
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Do Videoconferences Establish Jurisdiction With Defendants?
What it means to have minimum contacts in a foreign jurisdiction is changing as people become more accustomed to meeting via video, and defendants’ participation in videoconferencing may be used as a sword or a shield in courts’ personal jurisdiction analysis, says Patrick Hickey at Moye White.
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Opinion
Humanism Should Replace Formalism In The Courts
The worrying tendency for judges to say "it's just the law talking, not me" in American decision writing has coincided with an historic decline in respect for the courts, but this trend can be reversed if courts develop understandable legal standards and justify them in human terms, says Connecticut Superior Court Judge Thomas Moukawsher.
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Employment-Related Litigation Risks Facing Hospitality Cos.
A close look at recent hospitality industry employment claims highlights key issues companies should keep an eye out for, and insurance policy considerations for managing risk related to wage and hour, privacy, and human trafficking claims, say Jan Larson and Huiyi Chen at Jenner & Block.