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Hospitality
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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.
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February 06, 2024
1st Circ. Appears Unlikely To Deflate Balloon Fraud Verdict
A defunct Massachusetts air balloon company on Tuesday struggled to persuade the First Circuit to throw out a fraud verdict by arguing that the jury had "rubber-stamped" a judge's damages estimate.
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February 06, 2024
Disney Settles Job Offer Dispute Linked To Fla. LGBTQ Law
The Walt Disney Co. told a California federal judge Tuesday that it has settled a lawsuit by a former British Petroleum executive claiming Disney withdrew a job offer after it criticized Florida's so-called Don't Say Gay law.
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February 06, 2024
Mast Capital Snags $600M Construction Loan For Miami Tower
Florida real estate development and investment firm Mast Capital said Tuesday it has secured a $600 million loan for the construction of Cipriani Residences Miami, a condominium tower to be built in the city's Brickell neighborhood.
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February 06, 2024
Processor Underpaid Us On Tribal Accounts, Tech Co. Says
A Las Vegas technology company is accusing a payment processor of neglecting an agreement to pay it a portion of interchange fees on merchant transactions, including thousands of dollars made from patrons of tribal hotels, casinos, shops and restaurants.
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February 06, 2024
'Beaten Up' Eatery Fights NLRB's Pandemic Ruling At 9th Circ.
A Los Angeles restaurant urged the Ninth Circuit Tuesday to reject the National Labor Relations Board's finding that it failed to bargain in good faith when the COVID-19 pandemic hit, arguing it was being "beaten up" by shut-down orders so negotiations at the time would've been unfruitful "surface bargaining."
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February 06, 2024
Estate Of Hilton Founder's Son Challenges $1.2B Tax Bill
The Internal Revenue Service incorrectly rejected charitable contribution deductions for bequests by the son of the Hilton hotel chain founder, the son's estate told the U.S. Tax Court as it challenged the IRS' determination of a $1.16 billion estate tax deficiency.
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February 06, 2024
McDonald's Franchisee Settles Sex Assault Lawsuit For $4.4M
A bankrupt McDonald's franchisee will pay $4.35 million to end a lawsuit from the family of a 14-year-old worker raped by a manager who had previously been convicted of sexually assaulting a child, according to a petition to approve the deal in Pennsylvania state court.
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February 06, 2024
NASCAR Museum Owner Still Bad-Mouthing ITG, Court Told
The owner of a North Carolina museum dedicated to the NASCAR Winston Cup has willfully violated a settlement agreement with ITG Brands LLC by allegedly continuing to disparage the tobacco giant on social media and in interviews, the state Business Court heard during a hearing Tuesday.
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February 06, 2024
NY Judge Wants Info On Perjury Probe Of Trump Lieutenant
A New York state judge weighing the evidence in Donald Trump's civil fraud trial demanded more information Tuesday about reports that a key trial witness, former Trump Organization Chief Financial Officer Allen Weisselberg, is facing perjury charges for his testimony in the case.
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February 05, 2024
Kochava Can't Shake FTC's Location Data Privacy Suit
An Idaho federal judge has refused to ax the Federal Trade Commission's suit accusing mobile app analytics provider Kochava Inc. of unlawfully selling precise geolocation data, finding that the expanded consumer harm allegations that the agency put forth in its revised complaint were sufficient to allow the dispute to move forward.
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February 05, 2024
Hedge Fund Sues SPAC For Books On Failed Casino Deal
A New York hedge fund on Monday sued a special purpose acquisition company for books and records related to a failed $2.6 billion deal to take a casino public in Manila, the Philippines.
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February 05, 2024
Workers Want $500K Fee Award From Defaulting Restaurateur
Celebrity chef Mike Isabella's refusal to admit that he stiffed his former staff on wages forced worker-side attorneys to expend thousands of unnecessary hours in pursuit of a default judgment, workers told a Maryland federal court in a bid to secure nearly $500,000 in attorney fees and expenses.
Expert Analysis
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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.
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What Could Lie Ahead For Prop 22 After Calif. Appellate Ruling
On the heels of a California appeals court’s recent decision to uphold Proposition 22 — which allows gig companies to classify workers as independent contractors — an analysis of related rulings and legislation over the past five years should provide context for the next phase of this battle, says Rex Berry at Signature Resolution.
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How Bank Turmoil Is Affecting Real Estate Purchases, Sales
The new uncertainty in the availability of financing from bank lenders that were previously considered "money good," spurred by the bank crisis, has inserted a wrinkle in the commercial real estate market that alters some of the dynamics between a buyer and seller, says Simran Bindra at Thompson Coburn.
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Don't Let Client Demands Erode Law Firm Autonomy
As clients increasingly impose requirements for attorney hiring and retention related to diversity and secondment, law firms must remember their ethical duties, as well as broader issues of lawyer development, culture and firm integrity, to maintain their independence while meaningfully responding to social changes, says Deborah Winokur at Cozen O'Connor.
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Fla. Restaurants Need To Prep For Liquor License Changes
As Florida restaurant operators face potential legislative changes to special food service liquor licenses, applicants should take care to ensure that their local zoning office will be able to issue clearance based on square footage and the number of people served at one time, says Grace Yang at GrayRobinson.