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Hospitality
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September 23, 2024
Tyson, Cargill Want Appeal Of Pollution Verdict Plan Certified
Tyson, Cargill and other poultry producers have urged an Oklahoma federal judge to certify their interlocutory appeal of a plan to hash out remedies concerning a river pollution trial that took place over a decade ago, arguing that the record is far too "stale" to support forward-looking relief now.
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September 23, 2024
3rd Circ. Revives $60M Moroccan Hotel Award Fight
The Third Circuit has sent a decision over a $60 million arbitral award favoring the Royal Mansour Hotel's current owner back to a lower court for further consideration, saying the company has plausibly argued that it didn't cause the Moroccan establishment to fall into financial ruin.
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September 23, 2024
Starbucks Wins At 9th Circ. In 'S'mores' Lip Gloss IP Theft Suit
The Ninth Circuit on Monday refused to revive lip balm company Balmuccino's claims that Starbucks breached an implied contract and misappropriated trade secrets by stealing its idea for coffee-flavored "S'mores Frappuccino" lip gloss, agreeing with the lower court's order that Balmuccino's claims were filed too late.
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September 23, 2024
Gordon Rees Gets Insurer's Wash. Malpractice Suit Trimmed
A Washington judge issued a mixed order in a lawsuit brought by the insurer for a climbing equipment manufacturer over allegations that misconduct by a Gordon Rees Scully Mansukhani LLP attorney — coupled with another insurer's decision to yank coverage — forced the manufacturer into a settlement over a climber's fall.
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September 23, 2024
Chicago's DoorDash Fee Claims Get Two-Year Limit
An Illinois federal judge on Friday pared down a lawsuit brought by the city of Chicago accusing DoorDash of using various deceptive practices to fool customers into paying higher prices, holding that claims under the city's municipal code that accrued more than two years before the city filed suit are time-barred.
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September 20, 2024
Domino's Execs Concealed Store Closure Woes, Investor Says
Domino's is facing a proposed class action filed Friday in Michigan federal court by an investor who says the pizza chain overhyped plans to launch more than 1,100 stores across the globe over a four-year period while concealing that a major franchisee faced significant hurdles with store openings and closures.
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September 20, 2024
Senate Panel Advances Jamul Indian Village Land Transfer Act
A U.S. Senate panel has moved forward efforts to win passage of the Jamul Indian Village Land Transfer Act, which would place approximately 172 acres of specified lands in San Diego into trust for the benefit of the California tribe.
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September 20, 2024
NC Governor Defends Bar Closures During COVID
North Carolina Gov. Roy Cooper urged the state's highest court to overturn a decision finding he violated the constitutional right to make a living and the equal protection of bar owners with his COVID shutdown order, arguing the decision was reasonable given how the virus was spreading.
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September 20, 2024
Golf Course Co. Sued Again; Earlier Data Breach Case Axed
An Illinois-based golf course and hospitality management business faces a new lawsuit from a former employee for allegedly failing to protect its customers' personal information following an April breach, while a separate case against the business has been dismissed.
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September 20, 2024
Entrepreneur Says Partners Stiffed Him On Testing Site Deal
A Pittsburgh entrepreneur says he had a deal with three Omaha, Nebraska-based businessmen to help them open COVID-19 testing labs in Ohio and Pennsylvania in the early days of the pandemic, but is still owed $2 million, according to a lawsuit filed Friday in Pennsylvania state court.
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September 20, 2024
Panera Can't Delay Trial Over Shook Hardy Attys' Schedule
A Pennsylvania federal judge denied Panera Bread's repeated requests to delay a wrongful death trial, finding the restaurant chain will not be prejudiced if its desired Shook Hardy & Bacon LLP counsel cannot attend, as "plenty" of Shook Hardy lawyers can stand in, the judge said.
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September 20, 2024
Womble Bond Hires New Head Of Int'l Disputes From Dechert
Womble Bond Dickinson has hired a former Dechert LLP partner as the head of its international disputes practice, who will be based in the firm's Washington, D.C., office and will double as a partner in its business litigation practice group, Womble Bond recently announced.
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September 20, 2024
Taxation With Representation: Gibson Dunn, Holland & Knight
In this week's Taxation With Representation, CACI International buys Azure Summit Technology, Hotel Engine lands a valuation led by Permira, and Knowles Corp. sells its microphone business to Syntiant Corp.
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September 19, 2024
Wash. Justices Strike Down County's Rural Winery Regs
The Washington State Supreme Court has struck down an Evergreen State county's regulations for wineries and tasting rooms on rural land near Seattle, saying Thursday the local government violated long-term planning and land use law by downplaying potential environmental consequences of the rules before passing them.
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September 19, 2024
76ers To Get New Philly Arena In $1.3B Project, Mayor Says
The Philadelphia 76ers are getting a new arena in Chinatown as part of a $1.3 billion project that will bring hundreds of jobs, Philadelphia Mayor Cherelle Parker announced in a video message.
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September 19, 2024
9th Circ. Won't Revive Hilton Builder's $7.5M Insurance Suit
Two insurers for a construction company have no duty to provide coverage for a more than $7.5 million water damage claim, the Ninth Circuit ruled Thursday, finding a rain damage exclusion in the company's policies is applicable.
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September 19, 2024
Cleaning Co., H-2B Workers Nab Final OK For $400K Deal
A Colorado federal judge granted final approval Thursday to a $400,000 settlement that resolves claims from migrant housekeepers who accused a cleaning contractor of committing a variety of wage and visa law violations and threatening to deport workers who complained.
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September 18, 2024
Mich. Justices Continue To Fight Over Minimum Wage Ruling
Michigan's minimum wage will rise to $12.48 an hour in February, the state Supreme Court confirmed Wednesday in an order that settled a debate over how to calculate the new wage floor, but rehashed internal disagreements over the court's July decision to increase the minimum wage.
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September 18, 2024
Wynn Resorts To Pay Investors $70M Over Misconduct Claims
Wynn Resorts, its former CEO Stephen Wynn and others have reached a $70 million settlement in Nevada federal court to end an investor class action accusing the hotel and casino giant of deceiving shareholders by covering up allegations of Wynn's sexual misconduct, according to a Tuesday filing.
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September 18, 2024
Pa. Jury Clears SeaWorld-Owned Park In Race Bias Trial
A Pennsylvania jury on Wednesday freed SeaWorld's Philadelphia-area park Sesame Place of claims that minority children endured discrimination by costumed performers who were accused of ignoring them during character parades.
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September 18, 2024
Jury Finds Eatery Owner Guilty Of COVID Fraud, Tax Crimes
A San Diego restaurant owner who worked with food delivery services during the pandemic and saw his business improve was convicted by a California federal jury of tax crimes and lying on loan applications to obtain more than $1.7 million in COVID-19 funds meant for struggling businesses.
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September 18, 2024
House Panel Members Question Legitimacy Of Axed Tip Rule
A U.S. House panel chair criticized Wednesday a tip credit rule that the Fifth Circuit recently vacated, calling it burdensome and out of touch.
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September 17, 2024
Hawkers Asian Restaurant Chain Files For Ch. 11 In Fla.
Florida-based pan-Asian restaurant chain Hawkers Asian Street Food and Craft Cocktails became the latest casual dining enterprise to file for Chapter 11 protection Tuesday, as the industry continues to deal with a tricky combination of rising costs and tightening consumer pocketbooks.
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September 17, 2024
Insurer Must Defend Ga. Hotel In Sex Trafficking Suit
A Georgia hotel's insurer must defend the hotel in an underlying suit brought by a woman claiming she was a victim of sex trafficking, a Georgia federal court said, finding that an exclusion for injuries arising for abuse or molestation did not apply.
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September 17, 2024
Putative Class Says Golf Course Co. Shanked Data Protection
An Illinois-based golf course and hospitality management company failed to adequately protect the personal information of its customers and failed to provide them with timely notice of an April data breach, according to a proposed class action filed Monday in federal court.
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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Why Now Is The Time For Law Firms To Hire Lateral Partners
Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Considering Possible PR Risks Of Certain Legal Tactics
Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.
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It's No Longer Enough For Firms To Be Trusted Advisers
Amid fierce competition for business, the transactional “trusted adviser” paradigm from which most firms operate is no longer sufficient — they should instead aim to become trusted partners with their most valuable clients, says Stuart Maister at Strategic Narrative.
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Expect More Restaurant Ch. 11s As COVID Debt Comes Due
The wave of restaurant bankruptcies is likely to continue in the coming months as companies face the looming repayment of COVID-19 pandemic-era government loans, an uncertain economy and increased interest rates, says Isaac Marcushamer at DGIM Law.
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Complying With FTC's Final Rule On Sham Online Reviews
The Federal Trade Commission's final rule on deceptive acts and practices in online reviews and testimonials is effective Oct. 21, and some practice tips can help businesses avert noncompliance risks, say Airina Rodrigues and Jonathan Sandler at Brownstein Hyatt.
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Assessing Algorithmic Versus Generative AI Pricing Tools
A comparison of traditional algorithmic pricing models and those powered by generative artificial intelligence can help regulators and practitioners weigh the pros and cons of relying on large language models to price products or services, say Maxime Cohen at McGill University, and Tim Spittle and Jimmy Royer at Analysis Group.
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A Preview Of AI Priorities Under The Next President
For the first time in a presidential election, both of the leading candidates and their parties have been vocal about artificial intelligence policy, offering clues on the future of regulation as AI continues to advance and congressional action continues to stall, say attorneys at Mintz.
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How Companies Are Approaching Insider Trading Policies
An analysis of insider trading policies recently disclosed by 49 S&P 500 companies under a new U.S. Securities and Exchange Commission rule reveals that while specific provisions vary from company to company, certain common themes are emerging, say attorneys at Gibson Dunn.
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How Methods Are Evolving In Textualist Interpretations
Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.
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Why Attorneys Should Consider Community Leadership Roles
Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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Opinion
Proposed Law Would Harm NYC Hospitality Industry
A recently proposed New York City Law that would update hotel licensing and staff coverage requirements could give the city commissioner and unions undue control over the city's hospitality industry, and harm smaller hotels that cannot afford full-time employees, says Stuart Saft at Holland & Knight.