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Hospitality
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February 16, 2024
Ex-Jenner & Block Litigator Joins Holland & Knight In Chicago
Holland & Knight LLP has brought on a longtime Jenner & Block LLP partner to bolster its litigation practice as a partner based in its Chicago office.
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February 16, 2024
Trump Atty Didn't Go 'Rogue' In Pushing Club NDA, Court Told
A former server suing a Trump Organization golf club over a nondisclosure agreement that she was allegedly illegally induced to sign by one of Donald Trump's lawyers has urged a New Jersey state court to keep her suit alive, arguing that the club's motion to dismiss relies on "absurd" arguments.
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February 16, 2024
Trump Owes $355M For Fraud That 'Shocks The Conscience'
A New York state judge on Friday found Donald Trump, his adult sons, his companies and longtime executives liable for a decadelong valuation fraud conspiracy, ordering the defendants to disgorge $364 million in ill-gotten gains to the state, plus interest, with the former president on the hook for the lion's share.
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February 16, 2024
Vail Resorts Promotes Deputy GC To Top Lawyer
Vail Resorts Inc. has elevated one of its in-house attorneys to general counsel, as its top lawyer leaves the mountain ski resort operator.
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February 15, 2024
Restaurant Franchise Owner Hit With $30.7M Jury Verdict
A Dallas County, Texas, jury has returned a $30.7 million verdict against major restaurant franchise company Sun Holdings Inc. and its owner in favor of an executive who claimed they refused to pay him his fair share of profits for operating nearly 150 Popeyes eateries.
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February 15, 2024
Club, Insurer Resolve Fiduciary Breach Coverage Row
A country club owner, various club board members and Selective Insurance Co. agreed to dismiss their dispute Thursday in Massachusetts federal court over coverage for breach of contract and fiduciary duty claims that club investors lodged in arbitration, resolving the coverage case after reaching a settlement in January.
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February 15, 2024
No Coverage For Pandemic Losses, NY Top Court Rules
A Texas-based restaurant operator isn't entitled to insurance coverage for its pandemic losses, New York's top court ruled Thursday, saying the operator didn't allege the kind of physical loss or damage required for coverage.
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February 15, 2024
Conn. Justice Calls Marriott Lien Fight 'An Embarrassment'
A "bizarre" appeal that seeks the discharge of a sewer assessment lien on a Marriott hotel property is "a waste of everybody's time," a Connecticut Supreme Court justice said Thursday amid oral argument.
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February 15, 2024
NJ Atty Beats Greater Damages Bid Over Hotel Project Loan
A New Jersey attorney won't have to face an additional $9.5 million in damages in a suit over a mishandled escrow agreement related to the development of a luxury New Mexico hotel, a federal judge has ruled.
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February 15, 2024
Ex-DraftKings Exec Seeks Clarity On Fanatics Guardrails
A former DraftKings Inc. executive has asked a Massachusetts federal court to clarify the type of work he can perform for competitor Fanatics Inc. while the legal fight with his previous employer plays out, warning that the court's current order is too restrictive.
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February 15, 2024
'Jock Tax' Is Constitutional, Pittsburgh Tells Pa. Justices
The Pennsylvania Commonwealth Court erred by ruling Pittsburgh's fee on nonresident professional athletes violates the state constitution's uniformity clause, the city told the Pennsylvania Supreme Court.
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February 15, 2024
Vaughan Baio Adds 3 Partners And 2 Offices In NY, NJ
Philadelphia-based midsized firm Vaughan Baio & Partners expanded its footprint and resources this month with the addition of three partners and the opening of two offices in New York and New Jersey.
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February 15, 2024
Petition Watch: Classes, Litigation Changes & Fraud Theories
The U.S. Supreme Court receives thousands of petitions for review each term, but only a few make the news. Here, Law360 looks at four petitions filed in the past three weeks that you might've missed, including questions over how courts should analyze class certification bids and regulations restricting specific speech for content-neutral reasons, whether plaintiffs must reestablish standing after amending lawsuits, and what constitutes fraud.
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February 15, 2024
Feds Say Tax Prepper Filed Over $1M In False 2020 Returns
The U.S. Department of Justice's Tax Division took an Ohio tax preparer and his two businesses to federal court alleging he has employed "at least four definable schemes to generate or inflate his customers' refunds" and cost the government $1 million in revenue for the 2020 tax year alone.
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February 14, 2024
American Airlines Settles Ticketing Row With Travel Website
American Airlines Inc. told a Texas federal court Tuesday that it has settled its lawsuit claiming that Kiwi.com sold the airline's tickets and displayed American's trademarks and copyright-protected flight symbol without permission.
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February 14, 2024
Union Says Religion Not Behind Fired Flight Attendants' Posts
Two Alaska Airlines flight attendants alleging they were terminated from their positions for their religious convictions after making online posts about gender identity should have to prove their discrimination claims at trial, their union said, arguing that the attendants' real motive for posting publicly was political.
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February 14, 2024
NYC Servers Sue Korean BBQ Eateries Over Tipped Wages
A proposed class of servers hit two Manhattan-based Korean barbecue restaurants with a wage-and-tipping suit Wednesday in New York federal court, claiming their former employers failed to adhere to "strict" tip credits governed by the state and the Fair Labor Standards Act.
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February 14, 2024
Ind. Justices Find Eateries Can Be Liable Under Dram Shop Act
Two restaurant owners could be held liable in a negligence case over a drunken driver who crashed into and killed another man, the Indiana Supreme Court has held, finding the state Dram Shop Act changed common-law liability for businesses that provide alcohol — but did not eliminate it.
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February 14, 2024
Chicago Eatery Biz Exec's Bid For Atty Privilege Challenged
Investors in Chicago restaurant Maple & Ash told an Illinois court that a principal at the eatery's management firm wrongly acted as a lawyer in their corporate theft lawsuit against the firm, saying he inappropriately seeks to assert attorney-client privilege over 6,000 documents in the suit.
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February 14, 2024
NY Man Charged With Falsely Claiming To Own Iconic Hotel
A New York man has been charged with falsely claiming to own a celebrated New York hotel for four years, Manhattan District Attorney Alvin L. Bragg Jr. said on Wednesday.
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February 14, 2024
McDonald's In US Lack Adequate Lactation Spaces, Suit Says
McDonald's employees from Kansas and New York filed a collective action in Illinois federal court Wednesday alleging the fast-food giant, which has more than 13,000 U.S. locations, and its franchisees failed to provide reasonable lactation accommodations to nursing mothers in restaurants nationwide, forcing them to pump in unsanitary spaces.
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February 14, 2024
Chancery Flipped SeaWorld Stock Claims, Ex-Execs Tell Court
A Chancery Court judge "got it backwards" when he concluded that 19 former executives of SeaWorld Entertainment Inc. weren't entitled to vesting rights in connection with a 2017 stock sale, because he read the executives' separation and equity agreements out of order, an attorney for the executives told Delaware's Supreme Court on Wednesday.
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February 14, 2024
BCLP Can Fight Atlanta Firm's Fee Garnishing Request
Bryan Cave Leighton Paisner LLP can now appeal a trial court's ruling ordering the firm to return just over $125,000 in connection to a dispute between an Atlanta attorney and an airport travel spa operator, a Georgia state appellate court ruled Wednesday.
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February 14, 2024
TMZ Ordered To Pay $300K In Atty Fees Over Bus Tour Case
A California federal judge on Monday ordered TMZ to reimburse a Hollywood bus tour operator almost $300,000 in attorney fees after the operator convinced the court to vacate an arbitration award favoring the celebrity news provider based on an arbitrator's failure to disclose relevant information.
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February 14, 2024
Navajo Say Hopi Tribe Bid To Join Land Trust Suit Is Untimely
The Navajo Nation has said the Hopi Tribe's attempt to intervene in its lawsuit against the U.S. government over a land trust and casino road easement dispute is untimely, coming after nearly four years of litigation.
Expert Analysis
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Defending Against Fail-Safe Classes With Rule 23
The D.C. Circuit's recent decision in the case of White that there is no stand-alone rule against fail-safe classes deepens an existing circuit split — but defendants can still effectively attack fail-safe class definitions via different procedural arguments based in Rule 23, say Jeffrey Huberman and Andrew Soukup at Covington.
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Opinion
Attorneys Should Have An Ethical Duty To Advance DEI
National and state bar associations are encouraging attorneys to apply diversity, equity and inclusion practices in the legal profession and beyond, and these associations should take it one step further by formally recognizing ethical duties for attorneys to promote DEI, which could better the legal profession and society, says Elena Mitchell at Moore & Van Allen.
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Data-Driven Insights Are Key To Attracting Today's Clients
As law firm growth slows and competition for clients increases, modern firms must rely on robust data analytics to develop the sector-based expertise and industry insights that clients increasingly prioritize in relationships with counsel, says Lavinia Calvert at Intapp.
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Ghosting In BigLaw: Why Better Feedback Habits Are Needed
Not giving assignments or constructive criticism to junior associates can significantly affect their performance and hours, potentially leading them to leave the firm, but partners can prevent this by asking the right questions and creating a culture of feedback, says Rachel Patterson at Orrick.
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Rebuttal
Law Needs A Balance Between Humanism And Formalism
A recent Law360 guest article rightly questions the pretextual pseudo-originalism that permits ideology to masquerade as judicial philosophy, but the cure would kill the patient because directness, simplicity and humanness are achievable without renouncing form or sacrificing stare decisis, says Vanessa Kubota at the Arizona Court of Appeals.
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Short Message Data Challenges In E-Discovery
As short message platforms increasingly dominate work environments, lawyers face multiple programs, different communication styles and emoji in e-discovery, so they must consider new strategies to adapt their processes, says Cristin Traylor at Relativity.
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How Unions Could Stem Possible Wave Of Calif. PAGA Claims
Should the California Supreme Court hold in Adolph v. Uber that the nonindividual portions of Private Attorneys General Act claims survive even after individual claims go to arbitration, employers and unions could both leverage the holding in Oswald v. Murray to stifle the resurgence in representative suits, say attorneys at Greenberg Traurig.
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Opinion
Thomas Report Is Final Straw — High Court Needs Ethics Code
As a recent report on Justice Clarence Thomas' ongoing conflicts of interest makes evident, Supreme Court justices should be subject to an enforceable and binding code of ethics — like all other federal judges — to maintain the credibility of the institution, says Erica Salmon Byrne at Ethisphere.
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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.