• August 17, 2017

    Ill. B&B Must Still Pay Up For Refusing Same-Sex Couple

    An Illinois bed and breakfast is still on the hook for $82,000 in damages and fees related to its refusal to host a civil union ceremony for a same-sex couple in 2011, after a state appellate court on Wednesday declined to revive the business's appeal, citing missed deadlines by its attorney.

  • August 17, 2017

    Judge Embraces 'Gilligan's Island' In Cruise Ship TM Row

    Just sit right back and you'll hear a tale, a tale of a trademarked ship, that started with a dry-docked boat, and ended in a snit.

  • August 17, 2017

    Barbados Firm Looks To Revive Venezuela Tourism Arbitration

    A Barbadian fiduciary services firm that claimed to have suffered more than $200 million in losses after its investments in the Venezuelan tourism and hospitality industries were expropriated is looking to have its claim against the country revived, according to a Wednesday notice.

  • August 17, 2017

    Fla. Woman Charged With Embezzling $2.6M From Cruise Biz

    A finance employee of a Miami-based onboard retailer for cruise ships owned by LVMH Moet Hennessy Louis Vuitton SE was slapped with criminal charges in Florida federal court on Wednesday accusing her of a fraud scheme to steal more than $2.6 million from her company.

  • August 17, 2017

    Okla. Tribe Says 10th Circ. Ruling Backs Its Jurisdiction

    The Kialegee Tribal Town filed a lawsuit in D.C. federal court Thursday seeking a declaration that it shares jurisdiction over the Muscogee (Creek) Nation’s lands, pointing to a recent Tenth Circuit decision to boost its claims.

  • August 17, 2017

    Real Estate Rumors: Brenda Earl, Ronny Finvarb, Eni

    Former Zweig-Dimenna partner Brenda Earl has reportedly listed a New York Hamptons estate for $175 million, Florida developer Ronny Finvarb is said to have dropped $19.2 million on a Citibank branch and plans to build a hotel there, and Italian energy company Eni is said to have renewed its lease for roughly 16,000 square feet in Manhattan.

  • August 17, 2017

    Fed. Circ. Upholds Travel Sites' Win In Cronos Patent Suit

    A Federal Circuit panel on Thursday affirmed a trial court’s ruling that Expedia Inc., Inc. and LP did not infringe Cronos Technologies LLC’s patented online shopping cart system, saying the ruling correctly interpreted the meaning of certain key terms in the patent.

  • August 17, 2017

    Panera Investor Wants Appraisal Of $7.5B JAB Buyout

    A Panera Bread Co. investor asked the Delaware Chancery Court on Wednesday to appraise the fast-casual restaurant’s $7.5 billion buyout by consumer brands-focused investment firm JAB Holdings, after the now-closed deal dodged a flurry of shareholder suits last month.

  • August 17, 2017

    Texas Restaurant Asks 5th Circ. Not To Undo FLSA Verdict

    A Houston restaurant asked the Fifth Circuit to uphold a verdict freeing the eatery from Fair Labor Standards Act claims that waiters were required to share tips with its “coffeeman," arguing Wednesday that the workers never challenged the jury instructions in the lower court.

  • August 17, 2017

    Hilton Owners Seek To Force Insurer To Cover Wage Action

    The owners and operator of four Hilton hotels in Montana asked a federal judge on Wednesday to find that Charter Oak Fire Insurance Co. must cover their costs to defend and settle a proposed class action alleging they withheld extra fees from food service workers, arguing that two sections of their policy extend coverage.

  • August 17, 2017

    Portland Timbers Sued Over Broker’s Revoked Season Tickets

    Major League Soccer’s Portland Timbers are facing a lawsuit in Washington federal court from a ticket broker alleging the team illegally revoked his ownership interest and renewal rights for more than 100 season ticket packages for games at the Timbers’ home stadium.

  • August 16, 2017

    Jurisdiction Woes May Sink Time-Share Co. Suit Against Atty

    A Florida federal court dismissed a suit by time-share company Westgate Resorts Ltd. accusing a law firm of fraudulently inducing time-share owners to stop making payments on their contracts, ruling Wednesday that the company failed to provide enough information for the judge to decide if the case even belongs in federal court.

  • August 16, 2017

    Grubhub Faces ADA Suit Over Website Accessibility

    The parent company of online and mobile food ordering service Grubhub was hit Wednesday in Florida federal court with an Americans with Disabilities Act lawsuit that alleges the company discriminates against the blind and visually impaired.

  • August 16, 2017

    9th Circ. Frees Hilton From Employee Age Bias Suit

    The Ninth Circuit on Wednesday upheld Hilton Worldwide Inc.’s win against a former employee who alleged he was fired due to age discrimination, saying the hotel offered convincing evidence the termination was “for legitimate and non-discriminatory” reasons.

  • August 16, 2017

    NYC Can't Enforce Menu Labeling Law, FDA Tells Court

    New York City can’t start enforcing its rule requiring calorie information to be displayed on restaurant menus this month because it has to mirror the federal government’s plan to begin enforcing an identical rule in May, the U.S. Food and Drug Administration told a New York federal court on Tuesday.

  • August 16, 2017

    Attempt To Sue Ill. McDonald's Over New Soda Tax Fizzles

    An Illinois judge on Tuesday dismissed a lawsuit filed last week claiming dozens of Chicago-area McDonald’s “double taxed” patrons for sodas after the rollout of the penny-per-ounce tax on sugar-sweetened beverages in Cook County in early August.

  • August 16, 2017

    Real Estate Rumors: Blackstone, Generator Hostels, Kamber

    Blackstone Group has reportedly scored an $87 million loan for four Florida Motel 6 properties, Generator Hostels is said to have landed a $25 million loan for a Florida hostel project and Kamber Management is reportedly buying three parking garage condos at the Trump Place-Riverside South development in Manhattan for $50 million.

  • August 16, 2017

    49ers Stadium-Goers, Ticketmaster To Arbitrate ADA Row

    U.S. District Judge Lucy H. Koh on Tuesday said attendees of events at the San Francisco 49ers' home stadium suing Ticketmaster and Live Nation over the sale of disability access seats must arbitrate their dispute, finding the arbitration clause in the companies' terms of use adequate and enforceable.

  • August 16, 2017

    City Atty Immune From Retaliation Claims In Inspection Row

    A city attorney in Nebraska is entitled to “qualified immunity” against allegations he condemned a local motel because of a tax dispute with the operator, an Eighth Circuit panel said in a published opinion Wednesday, reversing a lower court ruling.

  • August 16, 2017

    FibraHotel Inks $163M Deal For Cancún Resort

    FibraHotel, a Mexican real estate investment trust focused on the hospitality sector, has agreed to acquire a full-service resort in Cancún for 2.9 billion Mexican pesos ($163.2 million) from Grupo Posadas in a sale-leaseback transaction, the company said Tuesday.

Expert Analysis

  • A South Florida Victory For Condominium Hotels

    Laurence Litow

    In Dear v. Q Club, a jury in the Southern District of Florida returned a verdict in favor of Q Club, finding that the hotel owner was right to increase its annual maintenance costs. This verdict is important to the condominium hotel industry, as many owners are not collecting an adequate amount of the shared costs at their properties, say Larry Litow of Burr & Forman LLP and Barry Mukamal of KapilaMukamal.

  • Waffle House Arbitration Ruling May Reach Past 11th Circ.

    Neal Ross Marder

    The impact of the Eleventh Circuit's recent decision in Jones v. Waffle House may be far-reaching, as it has significantly widened the circuit split over the "wholly groundless" exception to arbitrability clauses, and has added persuasive authority that could sway undecided circuits to join in rejecting that exception, say attorneys with Akin Gump Strauss Hauer & Feld LLP.

  • Series

    Judging A Book: Kopf Reviews Posner's 'Federal Judiciary'

    Judge Richard Kopf

    There is a wonderful sketch of Seventh Circuit Judge Richard Posner dressed in a black robe with arms outstretched as if they were the billowing wings of a lean vulture. He is kicking a human brain down a hallway and wearing a half-smile that looks for all the world like a sneer. That sketch is the perfect metaphor for both Judge Posner and his new book, "The Federal Judiciary: Strengths and Weaknesses," says U.S. District Judge Ri... (continued)

  • Trump's Cuba Policy May Have A Chilling Effect On Travel

    Jose Aquino

    President Donald Trump's new Cuba policy, as announced, presents an impediment to the expansion of U.S.-Cuban business ties, and the uncertainty of what's to come will likely have a detrimental effect on new investment and future travel. However, Trump is also cognizant of the opportunities and mutual benefits of continued engagement, says Jose Aquino of Duane Morris LLP.

  • The Use Of Special Masters In Complex Cases

    Shira Scheindlin

    Special master appointments can be very beneficial in resolving disputes quickly, streamlining discovery, handling delicate settlement negotiations, and — somewhat surprisingly — reducing cost and delay, says retired U.S. District Judge Shira Scheindlin, now with JAMS.

  • A Plaintiff’s Guide To Discovery Proportionality: Part 2

    Max Kennerly

    Proportionality is often a question of whether discovery production has reached a point of diminishing returns, and about the marginal utility of additional discovery once the core discovery in the case has been completed. In other words, proportionality is a method to avoid going in circles or getting sidetracked, not an excuse for cutting corners, says Max Kennerly of Kennerly Loutey LLC.

  • Roundup

    Notes From A Law Firm Chief Privacy Officer


    As more law firms become the targets of major cyberattacks, more firms may consider appointing a chief privacy officer. In this series, CPOs at four firms discuss various aspects of this new role.

  • A Plaintiff’s Guide To Discovery Proportionality: Part 1

    Max Kennerly

    In December 2015, the parts of the Federal Rules of Civil Procedure concerning proportionality in discovery were amended. The amendments changed the language defining the scope of relevance, but substantively, this remains the same as it has been for nearly 40 years, says Max Kennerly of Kennerly Loutey LLC.

  • Series

    Notes From A Law Firm Chief Privacy Officer: New Demands

    Phyllis Sumner

    For outside counsel, oftentimes efficiency and responsiveness collide with security measures as clients are increasingly requiring their law firms to comply with third-party risk management programs. To meet these challenges, law firms are focusing more on the roles of chief privacy officer and chief information security officer, says Phyllis Sumner, chief privacy officer for King & Spalding LLP.

  • Labor Law Changes Leave Employers In Limbo

    Shira Yoshor

    Over the last 12 months lawyers who advise companies in advance of changes in employment law may have begun to feel some unease. Even those who have been practicing for years have been at a loss as to how to predict what may be coming next, especially with respect to overtime, joint employment, the persuader rule and tip pooling — just to name a few issues, says Shira Yoshor of Greenberg Traurig LLP.