Hospitality

  • December 03, 2021

    Chicago Apartment Escapes COVID-19 Refund Suit For Now

    An Illinois state court judge on Friday dismissed a proposed class action suit brought against a Chicago luxury apartment building by tenants seeking a partial refund on rent payments, suggesting that the claims over the building's COVID-19-related common area closures might be better suited for a breach of contract suit.

  • December 03, 2021

    Ex-Knicks Star Fights Sanctions Threat For Failed Assault Suit

    Former Knicks star Charles Oakley told a Manhattan federal judge that Madison Square Garden and its chairman can't pursue sanctions over a protracted legal battle regarding his 2017 ejection from the arena because the case was brought in good faith and has already been dismissed.

  • December 03, 2021

    Sidley Pilots $200M IPO For FanDuel Alums' Gambling SPAC

    Bullpen Parlay Acquisition Co., an online gambling-focused special purpose acquisition company founded by two former FanDuel executives, began trading on the Nasdaq Friday after raising $200 million in an initial public offering guided by Sidley Austin LLP and underwriter's counsel Reed Smith LLP.

  • December 03, 2021

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen Nintendo take on U.K. internet providers, collapsed TV company Arena take on its directors, and major fashion brands chase MasterCard for swipe fees. Here, Law360 looks at those and other new claims in the U.K.

  • December 02, 2021

    Calif. Tribe Wants To Duck Casino Worker's Harassment Suit

    A Native American tribe has asked a California federal judge to toss sexual harassment claims by a former employee of its casino resort, saying that the court lacks jurisdiction and that the case should instead be adjudicated by the tribe's claims commission.

  • December 02, 2021

    Space Needle's Insurer Can't Keep Virus Coverage Row In NY

    The Space Needle's suit for coverage of its pandemic losses can be litigated outside of New York, an Empire State appeals court ruled Thursday, upholding a finding that the building's insurer had tried to do an "end run" around Washington forum-selection rules.

  • December 02, 2021

    Ohio Appeals Court Affirms Nail Salon's COVID Coverage Loss

    Hiscox Insurance Co. does not owe coverage to an Ohio nail salon, a state appellate court decided Thursday, finding that the virus exclusion in the policy clearly prevents coverage.

  • December 02, 2021

    How The Pandemic Made This Judge A Zoom Trial 'MacGyver'

    State and federal courts in the Seattle area were pioneers in transitioning to remote proceedings when the COVID-19 pandemic began, and King County Superior Court Judge Matt Williams says there's no turning back now.

  • December 02, 2021

    Chubb Unit Asks 11th Circ. To Affirm Virus Coverage Win

    Westchester Surplus Lines Insurance Co. urged the Eleventh Circuit on Wednesday to keep intact its COVID-19 coverage win, arguing that a Florida restaurant doesn't allege any physical change to its property but the temporary presence of the coronavirus and related government restrictions.

  • December 02, 2021

    NC Theaters Ask 7th Circ. To Revive Virus Coverage Suit

    A North Carolina movie theater chain asked the Seventh Circuit to revive its COVID-19 coverage lawsuit against Houston Casualty Co., arguing that a district judge ignored its allegations of contamination and should've followed decisions that favored policyholders.

  • December 02, 2021

    Crown Spurns $6.2B Blackstone Bid, Is Open To Further Talks

    Australian resort and casino operator Crown Resorts Ltd. said Thursday that Blackstone's AU$8.5 billion (US$6.2 billion) takeover proposal is not compelling, and invited the private equity giant to view nonpublic information as part of due diligence ahead of potentially making a stronger offer.

  • December 01, 2021

    Anderson Kill To COVID-19 Policyholders: Don't Give Up

    Policyholders should not lose hope after most courts have sided with insurers in their battles over pandemic-related coverage, two Anderson Kill PC attorneys said Tuesday, noting the tide may turn as it did in the environmental and asbestos insurance wars.

  • December 01, 2021

    Byron Allen's $10B McDonald's Race Bias Suit Nixed, For Now

    A California federal judge Tuesday threw out Byron Allen's $10 billion lawsuit accusing McDonald's Corp. of racially discriminating against Black-owned media companies by spending significantly more money advertising with white-owned companies, but said the media mogul can file an amended complaint.

  • December 01, 2021

    Partners Accuse NY Chef Of Sabotaging Hell's Kitchen Eatery

    The ex-chef of a restaurant in New York City's Hell's Kitchen neighborhood has been sued in state court by his former partners, who claim he sabotaged the business they co-owned by inviting his friends to dine for free and repeatedly showing up drunk to work.

  • December 01, 2021

    DraftKings 'Cash Out' Feature Cribs Patented Tech, Suit Says

    British bookmaker Colossus Bets hit DraftKings Inc. with a patent suit in Delaware federal court Wednesday alleging that a "cash out" button on the Boston-based sports betting giant's platform infringes its proprietary technology.

  • December 01, 2021

    Real Estate Rumors: Capital Realty, Deutsche, Rockpoint

    Capital Realty Group has reportedly picked up a Miami apartment complex for $46.1 million, Deutsche Bank is said to have loaned $217.5 million for a Long Island, New York, resort, and a Rockpoint Group venture is said to have sold a Florida apartment complex for $153 million.

  • December 01, 2021

    Delivery Workers, NYC Food Court Settle OT Claims

    Delivery workers and a New York City food court reached a settlement over the workers' claims that the company failed to pay them minimum wage and overtime, according to a New York federal court order.

  • November 30, 2021

    Guest-Tek's Hotel Internet Product Uses Nomadix IP, Jury Told

    A computer networking expert told a California federal jury Tuesday that network device maker Guest-Tek's product for connecting hotel guests to internet services uses patented technology owned by rival Nomadix.

  • November 30, 2021

    Starbucks Hit With Age Bias Suit Over Management Hires

    Starbucks has been slapped with an age discrimination lawsuit by a former manager who claims in his proposed class and collective action in Georgia federal court that the coffee chain systematically favors younger applicants at the expense of their older counterparts.

  • November 30, 2021

    Square Gets PTAB To Ax Digital Receipt Patent

    The Patent Trial and Appeal Board has found that Square Inc. has successfully shown that a host of claims in a digital receipt patent were not valid, saying they were too abstract.

  • November 30, 2021

    NY Village Asks High Court To Overturn Cayuga Bingo Ruling

    The village of Union Springs, New York, has urged the U.S. Supreme Court to overturn a Second Circuit ruling that the village can't block the Cayuga Nation from offering electronic bingo, saying the appellate court misapplied both a 2005 high court decision and federal law.

  • November 30, 2021

    Real Estate Rumors: Black Lion, Sonder, City National Bank

    Black Lion Investment Group has reportedly sold a Florida office and retail center for $36.2 million, Sonder is said to be leasing a planned New York hotel for 15 years, and City National Bank of Florida is said to have loaned $14.61 million for a Miami apartment complex.

  • November 30, 2021

    Ill. Casino Worker Sues Over Firing For Refusal To Wear Mask

    An ex-service manager for two casino and gaming operators filed a lawsuit in Illinois federal court Monday claiming he was improperly fired for refusing to wear a face mask, despite a medical note from his doctor explaining he suffers from anxiety about suffocation after he nearly drowned and was resuscitated during childhood.

  • November 30, 2021

    Eatery Urges Zurich To Cover $1.75M FLSA Suit Settlement

    Zurich American Insurance Co. must be on the hook for an employment collective action settlement after it "suddenly went silent" during negotiations and reneged on its promises to pay defense costs in the suit, a Tex-Mex restaurant chain told a Kansas federal court.

  • November 30, 2021

    Developer Asks 4th Circ. To Revive $500M Virus Coverage Suit

    A sports and entertainment real estate developer asked the Fourth Circuit to reverse a lower court's dismissal of its COVID-19 insurance suit, arguing that its policy with Affiliated FM did not require a structural alteration for its properties to receive coverage.

Expert Analysis

  • Avoiding Audit Disaster After Receiving A Disaster Grant  

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    Erin Greten and Thomas Barnard at Baker Donelson offer tips to help entities that received COVID-19-related federal assistance navigate complex audit processes, stay in compliance with spending requirements, and avoid civil liability or criminal prosecution.

  • Without Leadership Buy-In, Law Firm DEI Efforts Stand To Fail

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    A law firm's diversity, equity and inclusion strategies need the full attention and support of its top leadership to succeed, and requiring the firm's key decision makers to join the DEI committee can make the difference, says Noble Allen at Hinckley Allen.

  • Series

    Confronting Origination Credit: Self-Advocacy Tips For Attys

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    Female lawyers and lawyers of color have historically not been privy to the rules of the origination credit game, but they can employ various strategies to increase the chances of receiving the credit they are due, such as enlisting allies for support and tracking inequity patterns, says Marianne Trost at The Women Lawyers Coach.

  • COVID Insurance Cases Highlight Federal-State Court Tension

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    COVID-19 insurance coverage litigation has resulted in an unprecedented number of federal courts preemptively ruling on an area of law in which state courts have final say — a problematic trend with likely undesirable results for litigants unless federal courts consider certain proactive solutions, says John Koch at Flaster Greenberg.

  • A Real-World Guide To Staying Discovery In Federal Court

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    Pleas for stay of discovery under the Federal Rules of Civil Procedure are often rejected when motions to dismiss are pending due to a tenacious tangle of case law, imposing financial and administrative burdens on parties, but some unambiguous rules of thumb can be gleaned to maximize the chances of a discovery stay, says Amir Shachmurove at Reed Smith.

  • Mitigating Inflation's Impact On Commercial Contracts

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    As accelerating inflation threatens to turn many commercial contracts unprofitable for sellers, lessors and lenders, prospects of court relief are slim, but certain contract clauses and revisions can help, says Jonathan Hugg at Schnader Harrison.

  • Heed These Rules, Or Risk Your Argument On Appeal

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    Failing to meet the scattered requirements for appellate preservation can have dire consequences, so litigants must understand the relevant briefing rules, the differences between waiver and forfeiture, and the four components of a pressed argument in order to get their case fully considered on appeal and avoid sanctions or dismissal, says Michael Soyfer at Quinn Emanuel.

  • Ghost Kitchens Present Unique Leasing Considerations

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    As the ghost kitchen business model expands from a niche market into a booming and prevalent industry, landlords, tenants and third-party licensees that are hosted by tenants must be prepared to negotiate lease provisions ranging from commercial signage to indemnification and percentage rent, say attorneys at Lowndes.

  • What To Include In Orders Governing Remote Arbitration

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    When conducting remote arbitration, attorneys should negotiate written orders that spell out clear rules on technology accommodations, document handling, witness readiness and other key considerations to ensure parties' rights are protected and the neutral's time is not wasted, say Matthew Williams and Christina Sarchio at Dechert.

  • Opinion

    Insurers Should Honor Astroworld Coverage Obligations

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    While insurers may be eager to shift blame on Astroworld showrunner Travis Scott for conditions that resulted in 10 deaths and dozens of injuries, arguments suggesting the tragedy shouldn't be covered appear baseless in light of the facts and the law, says Benjamin Massarsky at Miller Friel.

  • Series

    Embracing ESG: CBRE GC Talks Effective Compliance Emails

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    Good corporate governance requires communicating expectations for ethical conduct, but compliance emails need not be overly technical — a relatable story told in simple language with humility and respect can create internal communications that drive home the message, says Laurence Midler at CBRE.

  • Revisiting Loss Calculations For Business Interruption Claims

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    As business interruption insurance claims from COVID-19 and other recent catastrophes flood the courts, David Yohai and Heather Weaver at Weil examine two common judicial approaches to calculating losses, survey their outsize effect on an insured's recovery, and discuss how the influx of new decisions will change the landscape.

  • The Hazards Of Female Lawyers Being 'Office Moms'

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    Female attorneys are frequently credited with being the "office moms" who do critical but undervalued work — from bringing birthday cakes to serving on diversity committees — but as lawyers return to offices, now is a good time for employers to rectify the gender imbalance that disadvantages women, say Ninth Circuit Judge Margaret McKeown and Fine Kaplan partner Roberta Liebenberg.

  • The Comparability Challenges Patent Damages Experts Face

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    Rich Franciosa and Michael Herrigel at Charles River Associates analyze nearly seven years of U.S. district court data on how patent damages expert testimony has been challenged based on comparability, and how courts have ruled with regard to license and settlement agreements, litigation verdicts, market studies and more.

  • Discovery Immunity For Draft Expert Reports Lacks Clarity

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    Court rulings on whether — and when — drafts of expert reports are immune from discovery have been inconsistent, so the Federal Rules of Civil Procedure should be amended to better distinguish between draft and final expert reports, say attorneys at Lowenstein Sandler.

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