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Hospitality
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September 29, 2023
Trump To Face NY AG As 'Fraud' At Trial, His Empire At Stake
After three years of investigation, litigation and ceaseless appeals, the New York attorney general is set to bring former President Donald Trump to trial Monday as she seeks to put him out of the real estate business for good and claw back $250 million in allegedly ill-gotten gains.
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September 29, 2023
Diamond Resort Gets Fees, No Sanctions In Timeshare Suit
A judge granted a partial win Friday to hospitality real estate company Diamond Resorts in its dispute with a timeshare exit firm, ordering the parties to determine how much the firm owes in attorney fees due to delays it caused in the case.
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September 29, 2023
Pro Say: A Cheat Sheet For The New Supreme Court Term
The U.S. Supreme Court justices return to the bench on Monday for a new term sure to have an impact, with issues ranging from gun ownership rights in domestic violence cases to the legality of administrative courts and the First Amendment implications of public officials blocking critics on social media.
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September 29, 2023
Up First At High Court: CFPB's Funding, ADA Tester Suits
The U.S. Supreme Court will begin its new term by hearing arguments over the constitutionality of the Consumer Financial Protection Bureau's funding structure, the meaning of "and" in a criminal sentencing statute and whether so-called Americans with Disabilities Act testers have standing to sue. Here, Law360 breaks down this week's oral arguments.
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September 29, 2023
Vici, MGM Hit With Proposed Class Action Over Data Hack
An MGM Resorts loyalty program member filed a proposed class action against the hotel and casino operator, property owner VICI Properties, and related entities this week in Nevada federal court, saying the companies' failure to meet federal guidelines for protecting customer information led to a recent data breach.
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September 29, 2023
Off The Bench: Tucker Fired, Leagues Merge, Title IX Appeal
This week's Off The Bench features Michigan State and the football coach it fired rushing headlong toward a legal battle, a merger of two spring football leagues and a resounding Title IX victory by an ex-student over her former school.
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September 29, 2023
NC Gov. Takes COVID Shutdown Fight To State Supreme Court
North Carolina Gov. Roy Cooper wants the state Supreme Court to rule that a group of bar owners can't sue him over a COVID shutdown order, citing case law showing barkeepers can't seek money from a public entity for a constitutional affront.
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September 29, 2023
US Says Atty Owes $6.4M In Unpaid Employment Taxes
Federal prosecutors in Texas are seeking $6.4 million in unpaid federal tax liabilities from a Dallas-area attorney and mediator who they claim failed to turn over federal taxes he withheld from payroll on behalf of employees at various businesses he owned and ran between 2009 and 2017.
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September 29, 2023
'Administrative State' Attacks Soar To High Court Crescendo
After methodically amassing U.S. Supreme Court victories against agency enforcers and regulators, a legal crusade against "administrative state" powers is poised to parlay piecemeal wins into a climactic conquest during the high court's new term, which is already teeming with anti-agency cases.
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September 29, 2023
UK Litigation Roundup: Here's What You Missed In London
The past week in London has seen Lenovo and Motorola bring a wireless tech patent spat with InterDigital to the U.K., litigation funder Therium and a Cayman Islands fund hit with a claim from a real estate sponsor, and the former deputy registrar of the University of Leicester sue three production companies for libel over his depiction in a film about the discovery of King Richard III’s remains. Here, Law360 looks at these and other new claims in the U.K.
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September 29, 2023
Supreme Court To Hear US Trustee Fee Refund Dispute
The Supreme Court of the United States said Friday it will consider the Office of the U.S. Trustee's bid to ensure it still gets fees paid by Chapter 11 debtors, even during a period where the high court has ruled an unconstitutional fee schedule was in place.
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September 29, 2023
First-Time Advocates Dominate High Court's Fall Schedule
Solo practitioner Howard Bashman had almost given up all hope on his goal of arguing before the U.S. Supreme Court, but then the justices agreed in March to hear an admiralty law case over choice-of-law provisions in which he represents a yacht owner challenging the denial of an insurance claim.
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September 29, 2023
5 Supreme Court Cases To Watch This Fall
The U.S. Supreme Court will tackle a variety of questions in the first half of its 2023 term that will have a broad impact on federal regulators' power and the authority of courts to intercede in major aspects of American life.
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September 28, 2023
NYC Delivery Apps Can't Block Wage Rule Amid Legal Fight
A New York state judge on Thursday refused to issue preliminary injunctions preventing New York City from enforcing its new rule that would raise wages for delivery app workers, holding that Uber, DoorDash and Grubhub haven't shown that they're likely to prevail in their challenge.
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September 28, 2023
Designer Seeks OK Of $5.7M Award In 'DreamCube' Feud
A designer whose credits include the 9/11 Memorial Museum in New York has urged a federal court to enforce a nearly $5.7 million final arbitral award in a dispute with the son of Chinese billionaires over a soured contract to create sports-themed video games.
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September 28, 2023
Ill. AG Says Trump Tower Underreports Wastewater Discharge
Illinois' attorney general told a Cook County judge Thursday that the owners of Trump International Hotel and Tower in Chicago have continued to underreport the amount of heated wastewater it discharges into the Chicago River in violation of environmental laws and an agreed order it entered into with the state.
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September 28, 2023
Hopi Tribe Wants To Enter Navajo Nation's Land Trust Suit
The Hopi Tribe is looking to intervene in the Navajo Nation's lawsuit against the U.S. Department of the Interior over a land trust and casino road easement, telling an Arizona federal court it has a legally protectable interest because it's the beneficial owner of the land.
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September 28, 2023
Calif. Fast-Food Workers To Earn At Least $20 An Hour
More than half a million California fast-food workers will start earning at least $20 an hour in 2024, their minimum wage raised by a bill that Gov. Gavin Newsom signed into law Thursday, saying the achievement resulted from a group effort and long negotiations.
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September 28, 2023
11th Circ. Says Insurers Owe Duty Over Hotel Shower Filming
The Georgia-based owner and manager of a New York hotel where an employee allegedly filmed a law school graduate guest while she was in the shower are owed a defense by their insurers, the Eleventh Circuit affirmed Thursday.
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September 28, 2023
Ohio Motel Site Properly Valued At $35M, Court Affirms
The value of an Ohio motel property was best determined at $35 million, the price paid during the most recent sale of the property, the Ohio Court of Appeals affirmed Thursday.
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September 28, 2023
Appeals Court Denies Trump Bid To Stay $250M NY Fraud Trial
A Manhattan appeals court on Thursday denied a bid by Donald Trump to delay the start of his $250 million civil fraud trial over the New York attorney general's claims that the former president and his real estate company defrauded banks and insurers for years by exaggerating his net worth by billions of dollars.
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September 28, 2023
Migrants Seek Class Cert. In NY County Shunning Row
Migrants participating in New York City's voluntary migrant relocation program pushed for class certification in their lawsuit against two counties they alleged refused to take them in, chiding the counties' contention that there weren't enough migrants affected by the rejection.
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September 27, 2023
NJ Justices Question Casino On Exclusion In Virus Appeal
Several New Jersey Supreme Court justices questioned an Atlantic City casino Wednesday as to why a contamination exclusion doesn't doom its bid for insurance coverage of its COVID-19-related losses.
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September 27, 2023
Trump Cries Foul As $250M NY Fraud Trial Looms
Counsel for Donald Trump and the New York Attorney General's Office appeared in New York state court Wednesday ahead of the $250 million fraud trial slated to begin next week, and the former president again accused the presiding judge of flouting an appeals court's orders.
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September 27, 2023
Pork Buyers' Price-Fixing Suit Is Timely, Minn. Judge Rules
A Minnesota federal judge Tuesday refused to throw out a consolidated complaint brought by nine groups of pork buyers who accuse Tyson Foods Inc., Hormel Foods Corp. and other pork producers of colluding to diminish supply and inflate prices in sprawling multidistrict litigation.
Editor's Picks
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Foley Reps Hospitality REIT In $260M Buy Of Texas Property
Foley & Lardner LLP said it has represented real estate investment trust Ryman Hospitality Properties Inc. in its $260 million acquisition of the Block 21 mixed-use development complex that occupies an entire city block in downtown Austin, Texas.
Expert Analysis
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Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees
The crowdfunding of legal fees has become increasingly common, providing a new way for people to afford legal services, but attorneys who accept crowdsourced funds must remember several key ethical obligations to mitigate their risks, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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As AI Pricing Tools Evolve, So Does Antitrust Risk
As the use of pricing algorithms has given rise to regulatory scrutiny and civil actions, such as RealPage Rental Software Antitrust Litigation in the Middle District of Tennessee and Gibson v. MGM in the District of Nevada, independent pricing decisions and other best practices can help limit antitrust risk, say attorneys at Axinn.
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How Investors Can Seize Renewables Opportunities In RE
As governments and stakeholders increasingly focus on sustainability in the real estate sector, investors could capture significant upside by implementing an operational real estate strategy focused on renewable energy sources, say attorneys at Goodwin.
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What Large Language Models Mean For Document Review
Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.
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Participating In Living History Makes Me A Better Lawyer
My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.
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How A Gov't Shutdown Would Affect Immigration Processing
While a government shutdown would certainly create issues and cause delays for immigration processing, independently funded functions would continue for at least a limited time, and immigration practitioners can expect agencies to create reasonable exceptions and provide guidance for navigating affected matters once operations resume, say William Stock and Sarah Holler at Klasko Immigration Law Partners.
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Opinion
Private Equity Owners Can Remedy Law Firms' Agency Issues
Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.
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How To Protect Atty-Client Privilege While Using Generative AI
When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.
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How New Lawyers Can Leverage Feedback For Growth
Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.
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Series
In A 'Barbie' World: Boosting IP Value With Publicity Machines
Mattel's history of intellectual property monitoring, including its recent challenge against Burberry over the "BRBY" trademark ahead of the "Barbie" film, shows how IP enforcement strategies can be used as publicity to increase brand value and inform potential collaborations, says Carly Duckett at Shepherd and Wedderburn.
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Series
ESG Around The World: Australia
Clive Cachia and Cathy Ma at K&L Gates detail ESG-reporting policies in Australia and explain how the country is starting to introduce mandatory requirements as ESG performance is increasingly seen as a key investment and corporate differentiator in the fight for global capital.
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Twitter Legal Fees Suit Offers Crash Course In Billing Ethics
X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.
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ABA's Money-Laundering Resolution Is A Balancing Act
While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.
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A Festival Of Litigation Could Arise From 'Electric Zoo' Fiasco
Over Labor Day weekend, thousands of electronic dance music fans were displeased with the organization of the New York City-based Electric Zoo festival, which quickly elicited comparisons to the 2017 Fyre Festival — and three kinds of litigation could ensue from the debacle, say attorneys at Seiden Law.
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Law Firm Professional Development Steps To Thrive In AI Era
As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.