Hospitality

  • July 02, 2020

    Law360 Names Top Attorneys Under 40

    We're pleased to announce Law360's Rising Stars for 2020, our list of 176 attorneys under 40 whose legal accomplishments transcend their age.

  • July 02, 2020

    OECD Offers New Tax Reporting Rules For Gig Economy

    The providers of so-called gig economy platforms such as Uber and Airbnb will be required to report the tax information of sellers on their networks under recommended rules issued Thursday by the Organization for Economic Cooperation and Development.

  • July 02, 2020

    Fed. Circ. Told PTAB's Fee Model Undercuts Due Process

    Patent Trial and Appeal Board judges are biased toward instituting America Invents Act reviews because the agency needs the fees involved to operate, and judges are evaluated and rewarded for their workload, a gaming company has told the Federal Circuit in a novel due process challenge.

  • July 02, 2020

    NPC International Fields Creditor Questions At Hearing

    The largest Pizza Hut and Wendy's franchisee in the U.S. appeared in a Texas bankruptcy court Thursday alongside its second-lien lenders, who complained about being left out of the talks that produced a restructuring agreement with first-lien lenders.

  • July 02, 2020

    High Court Sends Booking.com TM Fee Case Back To 4th Circ.

    Fresh off its U.S. Supreme Court victory, Booking.com has won a bid to have the Fourth Circuit reconsider its attorney fees award to the U.S. Patent and Trademark Office after the agency lost their trademark dispute.

  • July 02, 2020

    NJ Catering Biz Owners Not Liable For Drunken Party Fight

    A New Jersey federal judge trimmed claims against owners of a catering company over a drunken fight that erupted after a hired entertainer found his Superman cape floating in a pool, saying owners of companies that serve alcohol don't have personal liability for the actions of their business.

  • July 02, 2020

    Grubhub Says Customer Misled Court On FCC Ruling

    Grubhub Inc. told an Illinois federal court that a customer who proposed a class action over unwanted autodialed calls has mischaracterized a recent Federal Communications Commission ruling related to the definition of an "autodialer," saying it "has no relevance to this action."

  • July 02, 2020

    Jimmy John's Slams Class Certification Bid In No-Poach Suit

    A Jimmy John's employee can't certify a class in his suit challenging the company's no-poach agreements because the class would include conflicting class members and their claims can't be proven with common evidence, the sandwich chain argued in Illinois federal court.

  • July 02, 2020

    Coronavirus Litigation: The Week In Review

    Grocery delivery service Instacart is suing to block a Seattle ordinance requiring coronavirus hazard pay for gig delivery workers, New York police officers and Las Vegas resort workers claim they haven't been provided with adequate protections during the pandemic, and the ACLU says California courts can't block public access to trials, despite the virus. 

  • July 02, 2020

    Real Estate Rumors: JP Morgan, Hollywood, Fla., Elion

    A J.P. Morgan venture has reportedly landed $120 million in financing for a Philadelphia mixed-use project, the city of Hollywood, Florida, is reportedly looking for a development partner for a beachfront project, and Elion Partners is said to have paid $7.2 million for a Florida warehouse.

  • July 02, 2020

    Top Florida News 2020: A Midyear Report

    The coronavirus pandemic dominated the first half of the year in Florida as judges and litigators had to adjust to the new normal of justice by computer screen, but the courts continued their work, issuing rulings in battles over felon voting rights and bitcoin holdings, as well as handling pandemic-related litigation over business interruption coverage and cruise ship liability.

  • July 01, 2020

    Miller Friel Picks Up Insurance Pro From DLA Piper

    Miller Friel PLLC is hiring away a partner from DLA Piper as part of a move to bolster its nationwide expansion of the firm's insurance recovery practice.

  • July 01, 2020

    Pa. Justices Reject Lawmakers' Bid To Lift Virus Emergency

    The Pennsylvania General Assembly's joint resolution to end the state of emergency Gov. Tom Wolf declared over the COVID-19 pandemic was struck down by the state's high court Wednesday because it had not first crossed Wolf's desk for a likely veto.

  • July 01, 2020

    Congress Extends PPP To August, Mulls 2nd Round Of Loans

    The U.S. House of Representatives passed a bill Wednesday to reopen the Paycheck Protection Program through Aug. 8, sending the Senate-approved measure to the president as lawmakers discuss a possible second round of forgivable loans.

  • July 01, 2020

    Top 7 Trademark Rulings Of 2020: A Midyear Report

    From cannabis to video games to three U.S. Supreme Court rulings, the first half of 2020 was a busy time in the world of trademark law. As we head into the back half of the year, here are the seven big trademark decisions you need to know.

  • July 01, 2020

    Fla. Country Club Worker Fired After COVID-19 Bout, Suit Says

    A country club in a Florida retirement community fired one of its longtime employees after he took time off to recover from COVID-19, according to a suit filed in Florida federal court Wednesday.

  • July 01, 2020

    NLRB Official OKs Union Vote For Furloughed Hotel Staff

    Workers at a Hawaii hotel can hold an election to decide if they want to be represented by a union even though most of them are currently furloughed due to the coronavirus pandemic, a National Labor Relations Board official has ruled, rejecting the employer's argument the vote should be indefinitely delayed.

  • July 01, 2020

    Las Vegas Eateries Press For COVID-19 Shutdown Coverage

    A Las Vegas breakfast chain on Wednesday opposed U.S. Specialty Insurance Co.'s bid to dismiss the restaurants' proposed class suit seeking coverage of losses tied to Nevada's COVID-19 shutdown order, saying the insurer is taking an overly narrow view of its policy.

  • July 01, 2020

    Pa. Landlord Demands Rent From Virus-Closed Restaurant

    The landlord for a historic office building in downtown Pittsburgh is demanding that a restaurant pay its back rent plus other damages related to breaking its lease when it permanently closed because of the COVID-19 pandemic, according to a lawsuit filed in Pennsylvania state court.

  • July 01, 2020

    Hilton Not Liable For Man's Drowning, 1st Circ. Affirms

    Family members of a doctor who died while snorkeling off Puerto Rico can't revive their $20.5 million lawsuit against a Hilton resort because they didn't prove that the hotel's alleged negligence caused the man's death, the First Circuit said Tuesday.

  • July 01, 2020

    COVID-19 Sends Top Pizza Hut, Wendy's Franchisee To Ch. 11

    The largest franchisee of Wendy's and Pizza Hut restaurants in the U.S. filed for Chapter 11 protection Wednesday in a Texas bankruptcy court with more than $1 billion in debt, citing the economic uncertainties around the COVID-19 pandemic.

  • June 30, 2020

    3 Developments As HHS Officials Paint Dark Pandemic Picture

    Leading public officials on Tuesday warned U.S. senators that COVID-19 infections could soar to previously unthinkable heights if Americans fail to take the disease seriously, and they raised the specter of the pandemic lasting longer because of an alarming distrust in vaccines.

  • June 30, 2020

    Fla. Court Lets Caterers Receive Offsite Alcohol Deliveries

    By ruling that a Miami-area vendor can receive alcohol deliveries directly to offsite catered events, Florida's First District has served up both a major blow to state regulators but also a "hollow victory" for now for the business, its counsel said, with major events canceled due to the COVID-19 pandemic.

  • June 30, 2020

    La. Legislature OKs Biz Tax Breaks Expansion Amid Virus

    The Louisiana Legislature approved two bills that would expand state tax incentive programs to retailers, restaurants and hotels to help them recover from the COVID-19 pandemic, along with a bill to provide tax credits for investments in opportunity zones.

  • June 30, 2020

    In Booking.com, Court Rejects Hard Rules And Dire Warnings

    The U.S. Supreme Court's decision on Booking.com essentially amounted to a rejection of two big things: a bright-line rule on when generic terms can be registered as trademarks, and fears that such protection might be abused.

Expert Analysis

  • COVID-19 Orders Unlikely To Constitute Temporary Takings

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    Although public agencies have issued a broad range of orders intended to slow the spread of COVID-19, they are likely safe from temporary takings claims due to the high hurdles for such claims and the expanded police powers granted to governments during public health emergencies, say Gene Tanaka and Emily Chaidez at Best Best.

  • Opinion

    Time To Consider Percentage Rental Agreements For Lawyers

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    It has long been the law that attorneys cannot use percentage rental agreements because doing so would constitute an impermissible sharing of fees with nonlawyers, but such arrangements can help lawyers match expenses with revenues in lean times like now, say Peter Jarvis and Trisha Thompson at Holland & Knight.

  • How Force Majeure Provisions Are Being Tested In New York

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    The Southern District of New York's recent rulings in E2W v. KidZania and Latino v. Clay, together with prior precedent, are illustrative of New York state and federal courts' attitude toward force majeure and whether such provisions might excuse contract performance during the pandemic, say Stephanie Denker and Christie McGuinness at Saul Ewing.

  • Opinion

    Regulatory Estoppel Does Not Invalidate The Virus Exclusion

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    Some policyholders seeking coverage for losses stemming from COVID-19 are arguing that virus exclusions are invalid due to regulatory estoppel, but this theory lacks substance and threatens to undermine formal clarifications of insurance policy intent, say Jonathan Schwartz and Colin Willmott at Goldberg Segalla.

  • 'Settle And Sue' Malpractice Cases Have New Clarity In Calif.

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    A California state appellate court's recent decision in Masellis v. Law Office of Leslie F. Jensen provides a road map for proving causation and damages in settle-and-sue legal malpractice cases — an important issue of long-standing confusion, says Steven Berenson at Klinedinst.

  • What You Say In Online Mediation May Be Discoverable

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    Mediation conducted online with participants in different states makes it harder to determine where communications were made, increasing the risk that courts will apply laws of a state that does not protect mediation confidentiality, say mediators Jeff Kichaven and Teresa Frisbie and law student Tyler Codina.

  • Key Defense Approaches To 'Other Similar Incident' Evidence

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    A New York state court's recent ruling in Marshall v. Port Authority of New York and New Jersey shows that, while product liability plaintiffs seek to use so-called other similar incident evidence to argue that manufacturers know their products are unsafe, defense counsel can successfully challenge such evidence, says Timothy Freeman at Tanenbaum Keale.

  • Arbitration Pact Rulings Show Signature Snags For Employers

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    Two recent appellate opinions highlight the challenges in proving specific employees signed arbitration agreements, but employers can take certain steps to defend such claims and ensure enforcement, say Ryan Glasgow and Tyler Laughinghouse at Hunton.

  • Access To Restricted Funds Could Save Struggling Museums

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    The Association of Art Museum Directors' recent announcement that museums can temporarily draw on endowments and other restricted funds during the COVID-19 pandemic, without fear of sanction from the organization, may provide crucial support for struggling institutions, says Jamie Stone at Womble Bond.

  • 10 Tips For A Successful Remote Arbitration Hearing

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    As I learned after completing a recent international arbitration remotely, with advance planning a video hearing can replicate the in-person experience surprisingly well, and may actually be superior in certain respects, says Kate Shih at Quinn Emanuel.

  • Cos. Must Prep For More DOJ Probes To Protect US Workers

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    Employers should review the Immigration and Nationality Act, understand the evolution of enforcement, and take steps to mitigate risk in order to prepare for a potential increase in U.S. Department of Justice investigations into perceived preferential treatment of foreign workers due to the economic downturn, say Ginger Solon Partee and Matthew Gorman at Baker McKenzie.

  • Opinion

    To Achieve Diversity, Law Firms Must Reinvent Hiring Process

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    If law firms are truly serious about making meaningful change in terms of diversity, they must adopt a demographically neutral, unbiased hiring equation that looks at personality traits with greater import than grades and class rank, says Thomas Latino at Florida State University College of Law.

  • Cybersecurity Steps For Law Firms Amid Heightened Risks

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    With large swaths of the population indoors and primarily online, cybercriminals will be able to exploit law firms more easily now than ever before, but some basic precautions can help, says Joel Wallenstrom at Wickr.

  • Borrower Insights For Maximizing PPP Loan Forgiveness

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    Mike Miller and Kathryn Hesman at Moore & Van Allen explore the permitted forgivable uses of Paycheck Protection Program funds for entity borrowers, the process of applying for loan forgiveness, and best practices for maximizing that forgiveness.

  • 10 Key Considerations For Commercial Leases After COVID-19

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    Negotiating commercial leases after COVID-19 will require careful attention to many issues arising from both landlords' and tenants' new priorities, as well as government regulations, say Cynthia Keliher and Jonathan Pizarro-Ross at McCarter & English.

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