Hospitality

  • July 30, 2021

    Ross Keeps Billion-Dollar COVID Loss Suit Against Insurers

    A California state judge has given Ross Stores Inc. the green light to pursue its COVID-19 business interruption claims against Zurich, AIG and other insurers, rejecting the carriers' dismissal motions and saying a contamination exclusion may not bar virus losses.

  • July 30, 2021

    Investor Says Texas Music Festival Was 'Colossal Failure'

    A Dallas company that invested $3 million to bring a California music festival to the Lone Star State has sued the past owners of the Kaaboo event in Delaware federal court, alleging the Texas festival "was a colossal failure" with an embarrassingly low turnout.

  • July 30, 2021

    El Pollo Loco Insider Trading Suit Tossed Out Of Del. Court

    The Delaware chancellor has tossed an investor lawsuit seeking derivative damages on behalf of restaurant chain El Pollo Loco over approximately $118 million in alleged insider trades, heeding a call to dismiss the suit by a special litigation committee set up by the company's board.

  • July 30, 2021

    Texas Can Intervene In Fla. Challenge To CDC's Cruise Rules

    A federal judge has granted Texas' bid to intervene in Florida's challenge to the U.S. Centers for Disease Control and Prevention's pandemic restrictions on cruise ships, saying it can join the suit based on its claims of suffering financial injuries due to the CDC regulations.

  • July 30, 2021

    Ch. 11 Trustee Tells 2nd Circ. Church Sale Was Valid

    The trustee of a bankrupt Bronx-based church defended both her appointment and the sale of the church property before the Second Circuit on Friday, saying nothing she did violated the church's religious freedom.

  • July 30, 2021

    Wynn Resorts Can't End Investors' Revived Suit Over Ex-CEO

    A Nevada federal judge has cut down an amended proposed class action against Wynn Resorts and its current and former top brass for allegedly covering up former CEO Steve Wynn's sexual misconduct and causing a stock drop, finding that two of seven sets of purportedly misleading statements can go forward. 

  • July 29, 2021

    Law360's Tort Report: Missouri's Med Mal Cap Stays Put

    A $74 million jury verdict in a suit over a Kentucky motorist's death and a Missouri Supreme Court decision to keep intact the state's cap on certain medical malpractice damages lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.

  • July 29, 2021

    Fireman's Fund Checks Out Of Hotelier's Virus Coverage Suit

    An Indiana federal judge has ruled in favor of Fireman's Fund Insurance Co. in a COVID-19 insurance dispute, finding that the hotel owner behind the suit is not entitled to coverage under its policy because the insured property did not suffer a direct physical loss or damage from the coronavirus.

  • July 29, 2021

    Grubhub Jacked Up Fees During COVID-19, Mass. AG Claims

    Grubhub Holdings Inc. was hit with a suit Thursday by Massachusetts Attorney General Maura Healey, who claimed the food delivery service platform charged Bay State restaurants excessive fees outside the cap in place during the COVID-19 public health emergency.

  • July 29, 2021

    Ex-MSC Cruises Crewman Fights Arbitration In Injury Suit

    A former crewman on an MSC Cruises vessel who claims the ship's doctor ignored his kidney condition has told a Florida federal judge that he shouldn't have to go to arbitration, saying conflicting dispute-resolution clauses in his employment and collective bargaining agreements cancel each other out.

  • July 29, 2021

    DraftKings Wagers On Sports Bars In Michigan, Tennessee

    Online sports book DraftKings and restaurant chain Sports & Social are betting on a new partnership to create upscale sports bars in Michigan and Tennessee, as long as regulators are willing to play ball, the companies announced Thursday.

  • July 29, 2021

    Travel Site Owner Drops JetBlue Antitrust Suit

    The company behind travel site CheapOair asked a New York federal court to drop its suit accusing JetBlue Airways of blocking access to its flight information in an effort to reduce competition for air fares.

  • July 29, 2021

    Latham, Weil Gotshal Steer Vacasa's $4.5B SPAC Deal

    Vacation home rental platform Vacasa said Thursday it will go public at an equity value of $4.5 billion through a merger with a private equity-backed blank-check company, with legal advice from Latham & Watkins LLP and Weil Gotshal & Manges LLP.

  • July 29, 2021

    Insurer Can't Escape Hotel Owner's $20M Burst Pipe Suit

    A Louisiana federal judge rejected United National Insurance Co.'s bid to toss a Wyndham Garden hotel owner's suit seeking $20 million, saying the insurer failed to prove that the policyholder does not have the standing to bring claims.

  • July 29, 2021

    Dickinson Wright Adds Entertainment Atty In Fort Lauderdale

    Dickinson Wright PLLC announced Wednesday the addition of a new member in its Fort Lauderdale, Florida, office focused on corporate and entertainment law.

  • July 28, 2021

    McDonald's Workers Lose Cert. Bid In No-Poach Dispute

    An Illinois federal judge declined Wednesday to certify a nationwide class of McDonald's workers challenging no-poach provisions in franchise agreements, finding that the workers weren't all members of the same national labor market.

  • July 28, 2021

    Liberty Mutual Leads Bid To Nix Hotels' $600M Virus Suit

    A Liberty Mutual Insurance unit and eight other insurers don't owe Highgate Hotels LP $600 million in coverage for COVID-19-related losses, the companies told a New Jersey state court Monday.

  • July 28, 2021

    Insurer Asks 5th Circ. To Nix Eateries' Virus Coverage Suit

    State Automobile Mutual Insurance Co. has urged the Fifth Circuit to toss a COVID-19 coverage suit filed by two Texas barbecue restaurants, arguing that the eateries hadn't suffered any property damage to trigger coverage.

  • July 28, 2021

    Cinven Buys €1B Stake In Iberian Burger King Business

    Clifford Chance-advised Cinven will take a majority stake in the Iberian business of Burger King parent Restaurant Brands International Inc., in a deal that's valued at over €1 billion ($1.18 billion) and represents the largest ever transaction in the Spanish restaurant industry, the companies said Wednesday.

  • July 28, 2021

    Insurer Eludes Coverage Of Sex-Trafficking Suit Against Pa. Inn

    Nautilus Insurance Co. is not required to defend a motel against allegations in an amended sex-trafficking suit, a Pennsylvania federal judge ruled, finding that the issue of coverage has already been decided and upheld by the Third Circuit.

  • July 28, 2021

    Maine Recycling Law Could Spark Wave Of Policies Across US

    A new Maine law could signal a fresh era of recycling responsibility for businesses in America by requiring companies to pay to recycle the packaging on the products they sell, a policy that experts expect to be adopted in other parts of the country.

  • July 27, 2021

    11th Circ. Revives Passengers' Hurricane Harvey Cruise Suit

    The Eleventh Circuit on Tuesday reversed a lower court's decision to ax a proposed class action accusing Royal Caribbean of endangering passengers when it didn't cancel a cruise as Hurricane Harvey approached Texas, finding that a lower court failed to signal to the passengers its intent to address diversity jurisdiction.

  • July 27, 2021

    Video Game Developer Looks To Toss Players' Antitrust Suit

    The video game developer behind a popular gaming platform has urged a Washington federal court to throw out gamers' claims accusing it of monopolizing PC desktop platforms to force users to pay a 30% commission, arguing they have failed to show that the developer's conduct violates antitrust laws.

  • July 27, 2021

    Union Defends Arbitration Award In NYC Hotel Mortgage Fight

    A New York hospitality union has asked a federal court not to vacate an arbitrator's award finding that a Manhattan hotel violated their contract through a mortgage that didn't require the lender to recognize the union in the event of default and repossession.

  • July 27, 2021

    Insurance Groups Tell 4th Circ. COVID Losses Not Covered

    Two insurance company trade groups once again threw their support behind insurers fighting against COVID-19 business interruption cases, telling the Fourth Circuit on Tuesday that property carriers are not responsible for all of society's misfortunes.

Expert Analysis

  • Rebuttal

    Courts Should Heed Contract Law In COVID-19 Physical Loss

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    While a recent Law360 guest article urged courts to adopt the particle theory of coverage in deciding COVID-19-related property loss and damage claims, this approach ignores the intent, function and language of commercial insurance policies — not to mention the science itself, say Adam Fleischer and Elisabeth Ross at BatesCarey.

  • Law Firms, Know Who's Responsible For Your Cloud Security

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    Lawyers generally know that files go into the cloud and that the files are then secured and protected, but it's necessary for firms to take a closer look at their cloud supply chain and then come up with a responsibility matrix that helps mitigate any potential risks or weaknesses, says Martin Ward at iManage.

  • Benefits For Law Firms Venturing Into New Services

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    By offering more services, law firms can deepen and strengthen their client relationships and truly become an extension of their clients' teams while generating new revenue streams, and while there are risks associated with expanding into consulting, they may be worth it, says Lou Ramos at Major Lindsey.

  • Series

    Embracing ESG: Exelon GC Talks Diversity Initiatives

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    Executing a commitment to diversity, equity and inclusion programming, through recruitment, inclusive legal pipelines and community empowerment via pro bono efforts, can ensure a strong environmental, social and governance proposition, says Gayle Littleton at Exelon.

  • Insurance Brokers Should Expect Wave Of E&O Claims

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    Policyholders' unsuccessful COVID-19 business interruption suits and the pandemic-related move to remote work will likely result in a plethora of errors and omissions claims brought against insurance agents and brokers, as evidenced by recently filed cases, says Peter Biging at Goldberg Segalla.

  • Opinion

    COVID Insurance Rulings Are Misinterpreting 'Physical Loss'

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    Recent court decisions interpreting "direct physical loss" clauses to deny COVID-19 business interruption recovery where the subject property has not been structurally altered contradict the purpose of all-risks insurance, the ordinary meaning of the operative policy language and pre-pandemic case law, says ​​​​​​​Lee Epstein at Flaster Greenberg.

  • Next Steps For Employers After Calif. Break Premium Ruling

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    California employers will need to take prompt action to address the logistical complications and potential liability resulting from the California Supreme Court’s recent retroactive decision in Ferra v. Loews Hollywood Hotel, holding that break periods must be compensated at employees’ regular rate of pay, says Penny Chen Fox at K&L Gates.

  • Opinion

    Florida's Vaccine Query Ban Threatens Economy, Free Speech

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    Florida Gov. Ron DeSantis' attempts to ban private businesses, including cruise lines, from asking customers if they've been vaccinated against COVID-19 is hurting the Sunshine State's economic recovery, and may violate the U.S. Constitution's commerce clause and the First Amendment, says David Singer at David W. Singer & Associates.

  • Revamping Law Firm Marketing Lists — With Partner Buy-In

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    Jackson Lewis’ Paige Bowser shares lessons from the firm's recent overhaul of an outdated email marketing database, including tips for getting partners on board, ensuring compliance with privacy laws and augmenting outreach strategies.

  • Courts Should Defer To Science On COVID-19 Physical Loss

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    As litigation of pandemic-related business interruption claims continues nationwide, the insurance carriers and courts adopting the most conservative interpretation of "physical loss or damage" — the basic trigger for business interruption coverage — are making erroneous assumptions about a complex physical phenomenon, says Micah Skidmore at Haynes and Boone.

  • Recent High Court Decisions Signify 1st Amendment Direction

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    The U.S. Supreme Court’s recently concluded term saw a flurry of First Amendment cases, providing lessons for how the court, with its 6-3 conservative split, may rule next term on issues of free speech, religious freedom, association rights and more, as questions regarding social media and technological advances loom, says Samuel Mitchell at Michael Best.

  • The Murky World Of Legal Rankings Gets Some Clarity In NJ

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    New Jersey's new, stringent approach to legal rankings will make accolade advertising more transparent, benefiting both attorneys and clients and offering legal marketers a new set of best practices amid evolving standards, say Penny Paul at Lowenstein Sandler and Susan Peters at Greybridge.

  • 4 Steps To Creating Successful Dual-Branded Hotel Projects

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    Developers can maximize revenue by putting two hotels on one property, but the dual-branded hotel business presents both benefits and challenges, and requires strict attention to brand choice and standards, design, and franchise agreements, says Robert Braun at Jeffer Mangels.

  • Series

    Embracing ESG: Cigna Counsel Talks Employee Wellness

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    Building employee well-being into corporate environmental, social and governance priorities required our legal team to focus more closely on cross-functional collaboration within the company and increased communication with our board of directors and shareholders, says Julia Brncic at Cigna.

  • Hybrid Work Models Are Key To Gender Parity In Law Firms

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    To curb the historically high rates of attrition among female lawyers, Roberta Liebenberg at Fine Kaplan and Stephanie Scharf at Scharf Banks suggest firms must normalize hybrid work schedules, and they recommend best practices to promote engagement among all attorneys, regardless of where they work.

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