Hospitality

  • February 02, 2023

    NY Bar Scrutinizing Facial Recognition Tech Amid MSG Saga

    The New York State Bar Association said Thursday it would begin studying the legal and ethical implications of facial recognition software as a battle rages between Madison Square Garden Entertainment owner James Dolan and attorneys for his legal adversaries, whom he has banned from the company's arenas through the use of the technology.

  • February 02, 2023

    10th Circ. Won't Revisit Restaurant's Virus Coverage Suit

    The Tenth Circuit will not reconsider a now-shuttered Colorado restaurant's bid to overturn the dismissal of its suit that sought coverage from Cincinnati Insurance Co. for pandemic-related losses, the appeals court said Thursday.

  • February 02, 2023

    Ga. Hotel Says Bridge Construction Damaged Its Property

    The owner of a Savannah, Georgia, hotel has filed suit against the Georgia Department of Transportation in state court, alleging that a bridge the agency built 350 feet away damaged the hotel's foundation and walls.

  • February 02, 2023

    Philly Days Inn Reaches $24M Deal With Trafficking Victims

    Days Inn has reached a $24 million settlement with eight human trafficking victims at its Roosevelt Boulevard location in Philadelphia, whose owner and management were accused of failing to protect them, according to the victims' attorneys.

  • February 01, 2023

    Roomster Must Face FTC Suit Alleging Phony Listings

    A New York federal judge has declined to dismiss the Federal Trade Commission's suit claiming room-listing company Roomster Corp. advertises fake online apartment listings and paid for fake user reviews, ruling Wednesday that the FTC and six states had sufficiently pled their claims.

  • February 01, 2023

    Connecticut Bar's COVID Coverage Suit Tossed

    A Connecticut federal court dismissed a bar and music venue's lawsuit seeking coverage from its insurer for pandemic-related losses, determining Wednesday that the bar's losses were not caused by "direct physical loss or damage" and do not fall under an "all-risk" property damage policy.

  • February 01, 2023

    3rd Circ. Revives Six Flags Rider's Suit Over Blinded Eye

    The Third Circuit on Wednesday revived a roller coaster passenger's suit accusing Six Flags of negligence after he was hit and blinded in one eye by another passenger's cellphone, rejecting a New Jersey federal judge's conclusion that an expert was needed to establish the amusement park's standard of care under state law.

  • February 01, 2023

    Judge OKs Pause Of Virus Insurance MDL During Appeals

    A COVID-19 coverage dispute between Erie Insurance Co. and a group of businesses is on hold after a Pennsylvania federal judge agreed Wednesday to pause the multidistrict litigation until the state Supreme Court weighs in on a separate suit's appeal.

  • February 01, 2023

    Models Score Default Win Over Club's 'Improper' Use Of Pics

    A D.C. federal judge has handed a default victory to professional models in their lawsuit alleging that a nightclub operator used their photos in its advertisements for events and parties without their consent, though the judge refused to award attorney fees.

  • February 01, 2023

    Judge Rips Trump's Reply To AG's $250M Suit, Vows Oct. Trial

    A New York state judge lectured Donald Trump's attorneys Wednesday for their excessively wordy responses to the attorney general's mammoth civil fraud case against him but declined to consider the state's request for sanctions as the suit marches toward an October trial.

  • January 31, 2023

    Gambling Cos. Say Doc Request Should Be Quashed

    The gambling corporations formerly known as Scientific Games and Bally Gaming have asked an Illinois federal court to quash a subpoena issued by riverboat casino companies against a playing card company in litigation over automatic card shufflers, saying the card company doesn't belong in the case.

  • January 31, 2023

    Mo. Casino Workers' $5.5M Class Settlement Gets Initial OK

    A Missouri federal judge has granted preliminary approval to a class action settlement between casino workers and Penn National Gaming Inc. that would end their benefits claim under the Employee Retirement Income Security Act accusing the company of illegally reducing paychecks of employees who smoked tobacco.

  • January 31, 2023

    NY AG Wants Trump And Attys Sanctioned In $250M Suit

    New York Attorney General Letitia James told a state judge Tuesday that former President Donald Trump, the Trump Organization and its officers are attempting to "deny facts" they have previously admitted to in their responses to her $250 million fraud suit, asking the court to sanction the defendants and their counsel.

  • January 31, 2023

    4th Circ. Says Pollution Policy Doesn't Cover Virus Losses

    The Fourth Circuit rejected a hotel chain's COVID-19 coverage appeal on Tuesday, finding that a Virginia federal judge correctly found that the coronavirus wasn't a covered "pollution condition" under the hotels' pollution liability policy with a Chubb unit.

  • January 31, 2023

    Insurer Ducking Irma Appraisal Payment, Miami Hotelier Says

    The owner of two Miami hotels told a Florida federal court that Empire Indemnity Insurance Co. owes it at least $2.6 million, accusing the Zurich unit of attempting to dodge a binding appraisal award for Hurricane Irma damages.

  • January 30, 2023

    Seattle Co. Scores Win In Duck Boat Crash Counterclaims

    A Washington federal judge on Monday tossed counterclaims brought by theme park giant Herschend Family Entertainment Corp., which sought damages against a Seattle duck boat tour company over accusations the tour company failed to repair an amphibious vehicle purchased from Herschend, causing a deadly 2015 crash and damaging both their reputations.

  • January 30, 2023

    Attys Score $7.4M In Fees Following Yelp Investor Settlement

    Glancy Prongay & Murray LLP and Georgia firm Holzer & Holzer LLC will get $7.42 million for their work representing a proposed class of investors that accused business review website Yelp and its executives of mischaracterizing the growth and retention expectations of its advertising program.

  • January 30, 2023

    Chicken Buyers Fight Bid To Toss Price-Fixing Claims In MDL

    Broiler chicken buyers have opposed producers' bid to toss their state law claims in a massive price-fixing multidistrict litigation in Illinois federal court, saying the relevant statutes apply to their consumer protection claims because their federal claims have already survived.

  • January 30, 2023

    NYC Hotel Urges 2nd Circ. To Revive Severance Law Battle

    Manhattan's shuttered Roosevelt Hotel is continuing its fight against a now-expired city law that required hotels to pay severance to laid-off workers, urging the Second Circuit to overturn its loss in the case.

  • January 30, 2023

    Catching Up With Delaware's Chancery Court

    Delaware's Court of Chancery took a long-anticipated step last week when it ruled that a company officer at McDonald's had the same oversight obligations as a director. Chancery also weighed in on a power dispute at a bitcoin trading platform and heard allegations of trademark theft from a distributor of cannabis vaping devices.

  • January 30, 2023

    Hotel Chain Blames Ga. Atty, Others For Sex Trafficking

    A hotel chain said if a jury finds it was complicit in sex trafficking, then it must also distribute blame to more than three dozen nonparties to the suit, including social media companies, police departments, a strip club and an attorney for allowing an unnamed woman to be forced into commercial sex.

  • January 30, 2023

    Hotel Operator Strikes Deal To End COBRA Notice Suit

    A hotel operator has reached a tentative deal with a former employee to end her proposed class action alleging the company failed to notify workers of their right to continued health coverage after leaving their jobs, according to a Monday filing in Colorado federal court.

  • January 30, 2023

    Bankrupt NYC Holiday Inn Gets OK To House Migrants

    A New York bankruptcy judge on Monday approved a contract between the bankrupt owner of a Holiday Inn in Manhattan's Financial District and a New York City agency to turn the hotel's 492 rooms into housing for migrant asylum-seekers, saying the upsides of the deal outweigh the risks.

  • January 27, 2023

    Calif. AG Sets Sights On Mobile App's Privacy Compliance

    California's attorney general is taking aim at mobile apps that have allegedly failed to comply with their obligation to give consumers the ability to stop the sale of and delete their personal information, he revealed on Friday. 

  • January 27, 2023

    Calif. Tribes Score Wins In State Gaming Compact Suits

    A California federal court has sided with four Native American tribes in their gaming compact spat with the state, granting summary judgment to the tribes after the Ninth Circuit last year ruled that any state bids to discuss topics not directly related to gaming in compact negotiations aren't in good faith.

Expert Analysis

  • Litigators Should Approach AI Tools With Caution

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    Artificial intelligence tools like ChatGPT hold potential to streamline various aspects of the litigation process, resulting in improved efficiency and outcomes, but should be carefully double-checked for confidentiality, plagiarism and accuracy concerns, say Zachary Foster and Melanie Kalmanson at Quarles & Brady.

  • Recession Or Not, Elevated Restructuring Activity Is Coming

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    2023 is set up to be a strong year for corporate distress and reorganization, recession withstanding, but it may not be the blowout year that some are expecting — depending on whether the Fed continues its inflation fight and whether sponsors can go all out to defend investments, says Michael Eisenband at FTI Consulting.

  • 5th Circ. Confidential Witness Ruling Is A Big Change

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    The Fifth Circuit's recent ruling in Oklahoma Firefighters Pension and Retirement System v. Six Flags that confidential witness claims can be sufficient to establish scienter is a significant message that anonymous witness allegations should be credited, and plaintiffs should feel more confident including these claims in their securities fraud complaints, say James Christie and David Saldamando at Labaton Sucharow.

  • 5 Ways Attorneys Can Use Emotion In Client Pitches

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    Lawyers are skilled at using their high emotional intelligence to build rapport with clients, so when planning your next pitch, consider how you can create some emotional peaks, personal connections and moments of magic that might help you stick in prospective clients' minds and seal the deal, says consultant Diana Kander.

  • 5 Keys To A Productive Mediation

    Excerpt from Practical Guidance
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    Cortney Young at ADR Partners discusses factors that can help to foster success in mediation, including scheduling, preparation, managing client expectations and more.

  • How Attys Can Prep Latin American Brands For US Entry

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    Attorneys representing Latin American franchise systems entering the U.S. in 2023 should craft a careful strategy built around the dual-regulatory franchise scheme, intellectual property protection and other laws that may affect franchising, says Marc Lieberstein at Kilpatrick.

  • Evaluating The Legal Ethics Of A ChatGPT-Authored Motion

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    Aimee Furness and Sam Mallick at Haynes Boone asked ChatGPT to draft a motion to dismiss, and then scrutinized the resulting work product in light of attorneys' ethical and professional responsibility obligations.

  • 7 Tips To Increase Your Law Firm's DEI Efforts In 2023

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    Law firms looking to advance their diversity, equity and inclusion efforts should consider implementing new practices and initiatives this year, including some that require nominal additional effort or expense, say Janet Falk at Falk Communications and Gina Rubel at Furia Rubel.

  • Series

    Keys To A 9-0 High Court Win: Get Back To Home Base

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    When I argued for the petitioner in Morgan v. Sundance before the U.S. Supreme Court last year, I made the idea of consistency the cornerstone of my case and built a road map for my argument to ensure I could always return to that home-base theme, says Karla Gilbride at Public Justice.

  • Proposed Immigration Fee Increases May Have A Silver Lining

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    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.

  • Atty-Client Privilege Arguments Give Justices A Moving Target

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    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.

  • 5 Gen X Characteristics That Can Boost Legal Leadership

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    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.

  • 6 Questions For Boutique Firms Considering Mergers

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    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.

  • The Issues Shaping Labor Market Antitrust Litigation In 2023

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    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.

  • Del. Justices' Reversal Of Boardwalk Award May Apply Widely

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    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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