Hospitality

  • April 09, 2020

    Play Ball? Attys Say Starting MLB Season Amid Virus Is Risky

    With Major League Baseball considering starting its 2020 season by holding games in one location without any fans because of the coronavirus pandemic, attorneys warn the plan would require numerous precautions and agreements with players, team employees and other businesses to limit public health risks and potential legal liability.

  • April 09, 2020

    6th. Circ. Says Pilot Can't Send OT Case To Arbitration

    The Sixth Circuit refused Thursday to make about 4,000 workers arbitrate wage claims against rest stop operator Pilot in a ruling that also suggested, but did not hold, that arbitration agreements can’t supersede courts’ authority to decide whether a challenged pact is valid.

  • April 09, 2020

    DOI Doesn't Have To Show Docs For Chickasaw Casino OK

    An Oklahoma federal judge on Thursday rebuffed a bid by the Comanche Nation to force the U.S. Department of the Interior to turn over records used in its decision to approve the trust land acquisition for a Chickasaw Nation casino, saying he didn't need them to decide whether to toss the case.

  • April 09, 2020

    Real Estate Rumors: Waterbridge, Soon-Shiong, Weiss

    A Waterbridge Capital venture is reportedly looking for $251 million of financing for a downtown Los Angeles mixed-use property, billionaire Patrick Soon-Shiong may personally buy a former Los Angeles hospital and Weiss Group of Cos. has reportedly scored $21.3 million in financing for a Miami mixed-use project.

  • April 09, 2020

    'Travel Apartment' Co. Can't Oust Pa. Tenants Over Outbreak

    A Pennsylvania state judge on Thursday ordered short-term "travel apartment" provider Stay Alfred to allow two tenants to continue staying in a Pittsburgh apartment after the company forced them onto the street earlier in the week as it closed down properties in response to the growing COVID-19 outbreak.

  • April 09, 2020

    Cravath-Led Booking Prices $4B In New Debt Amid Downturn

    Represented by Cravath Swaine & Moore LLP, Booking Holdings Inc., the owner of travel brands such as Booking.com, Priceline and Kayak, said Thursday it had priced $4 billion in new debt during a downturn in the travel and hospitality industry due to the deadly COVID-19 pandemic.

  • April 09, 2020

    Deals Rumor Mill: Silver Lake, Dave & Buster's, WeDoctor

    Silver Lake could raise $18 billion for its next fund, Dave & Buster's is angling for a private equity cash infusion as it struggles during the coronavirus pandemic, and WeDoctor has dropped Credit Suisse from its planned $1 billion IPO. Here, Law360 breaks down these and other deal rumors from the past week that you need to be aware of.

  • April 09, 2020

    DC Eatery Seeks Loss Of Business Coverage Amid COVID-19

    A restaurant in Washington, D.C., hit Seneca Insurance Co. Inc. with a suit alleging it wrongfully denied coverage for loss of business after a local order prohibited the restaurant from seating customers during the COVID-19 pandemic.

  • April 09, 2020

    Coronavirus Litigation: The Week In Review

    States are facing lawsuits amid a push for remote voting in upcoming elections, United Airlines has been sued over refunds for canceled flights, and Walmart was hit with wrongful death claims from the family of a worker fatally infected by the novel coronavirus.

  • April 09, 2020

    Convicted Developer Wants Out Of COVID-19 ‘Death Sentence’

    Chinese real estate developer Ng Lap Seng has asked a federal judge to grant him compassionate release from prison, saying his age and health conditions put him at a high risk of death if he is infected with the novel coronavirus.

  • April 09, 2020

    Outback Steakhouse To Beef Up Board After Activist Dispute

    Outback Steakhouse’s parent on Thursday agreed to add two new directors to its board as part of an agreement with Jana Partners LLC, in a move that comes roughly five months after the activist investor pushed for changes at the company, including a potential sale.

  • April 09, 2020

    Shuttered Apex Parks Chain Opens Ch. 11 Hoping To Sell

    California-based amusement park chain Apex Parks Group LLC entered Chapter 11 in Delaware with more than $100 million in liabilities, saying it would pursue a reorganization and sale of its 12-site, three-state business, with secured lenders serving as a bidder-to-beat stalking horse.

  • April 08, 2020

    Lieff Cabraser Joins COVID-19 Cruise War With Carnival Suit

    Lieff Cabraser Heimann & Bernstein LLP brought a fresh California federal lawsuit against Carnival Corp. on Wednesday on behalf of a group of passengers alleging the company allowed them to board the Grand Princess ship despite knowing passengers from the previous voyage were suffering from coronavirus symptoms.

  • April 08, 2020

    3 Key Developments As Coronavirus Cases Top 400K

    As the number of U.S. coronavirus cases exceeded 400,000 — with deaths approaching 15,000 — the White House held a 105-minute pandemic briefing, with guidance on essential workers exposed to infected people, optimism about flattening the curve and a push for $250 billion more for small businesses.

  • April 08, 2020

    Club Attacks SBA Ban On Virus Relief Loans For Strip Joints

    A Michigan strip club sued the Small Business Administration in federal court on Wednesday, claiming the agency violated the Constitution by implementing regulations barring COVID-19 relief loans for establishments that have "live performances of a prurient sexual nature."

  • April 08, 2020

    4 Lingering Real Estate Questions After $2T COVID Stimulus

    While the historic $2 trillion COVID-19 relief package is intended in part to help the retail, restaurant and hotel sectors, lawyers say landlords, tenants and employees in those areas remain uncertain as to whether — and how — they might obtain some of those funds. Here, Law360 looks at four unknowns for the real estate industry.

  • April 08, 2020

    Fla. Woman Claims Fast-Food Chains' Containers Made Her Ill

    A South Florida woman became ill recently after eating food from Burger King, Dunkin’ and several other fast-food chains because of a chemical found in polystyrene food containers used by their restaurants, according to a series of lawsuits filed in state court in Miami.

  • April 08, 2020

    San Diego County And Resort Can't Pause Lake Pollution Suit

    A California federal judge has denied a request by San Diego County and a resort owner to pause their environmental cleanup dispute until after a local water quality agency decides whether well water can be used in the pollution cleanup, saying the suit has been going on long enough.

  • April 08, 2020

    Pa. Officials Tell Airbnb, Expedia To Enforce Virus Rental Ban

    Owners of short-term rental units could face enforcement action if they continue to advertise properties for rent on sites run by Airbnb Inc. and Expedia Group in violation of a statewide order shutting down non-life sustaining businesses over the COVID-19 outbreak, officials in Pennsylvania warned on Tuesday.

  • April 08, 2020

    Firm Beats Malpractice Suit Over Atty's Failed NJ Lounge

    Richards Kibbe & Orbe LLP swatted away a malpractice suit from the former outside business partner of an attorney at the firm over their shuttered Jersey Shore lounge after a state appeals court found Tuesday that the lawyer’s purported misconduct was not tied to his work for the firm.

  • April 08, 2020

    Higher Meal Deductions Wouldn't Help Eateries, Report Says

    President Donald Trump’s suggestion to restore the full tax deduction for business entertainment and meal expenses would do little to alleviate the novel coronavirus pandemic's adverse economic impact on restaurants, a Congressional Research Service report has said.

  • April 07, 2020

    Suit Faults Carnival Unit For 'Ticking Coronavirus Time Bomb'

    Carnival-owned Costa Cruises was hit with a putative class action Tuesday in Florida federal court alleging it negligently allowed the Costa Luminosa to sail knowing a previous passenger showed symptoms of COVID-19, resulting in 2,000 passengers getting on board a "ticking coronavirus time bomb."

  • April 07, 2020

    Cahill Gordon Suspends 2020 Summer Associate Program

    Cahill Gordon & Reindel LLP has decided to suspend its summer associate program for 2020 in response to the COVID-19 pandemic, the firm announced Tuesday though it says it will pay the associates who had been selected and will offer them full-time positions after graduation.

  • April 07, 2020

    Coronavirus Regulations: Week In Review State By State

    State COVID-19 measures continue to evolve along with the pandemic's positive cases and death toll, with actions this past week that expanded Delaware's list of nonessential businesses and extended brick-and-mortar closures in Massachusetts into May. Here's a breakdown of some COVID-19-related state measures from the past week.

  • April 07, 2020

    2nd Circ. Says NY Nightclub Texting Platforms Are Autodialers

    The Second Circuit on Tuesday ruled that online texting systems being used by a New York nightclub are a type of prohibited automatic telephone dialing system, adding to the list of competing definitions of illegal autodialers proffered by appeals courts around the country.

Expert Analysis

  • Early Securities Class Actions Highlight COVID Litigation Risk

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    Securities class actions against Norwegian Cruise Lines and Inovio Pharmaceuticals in Florida and Pennsylvania federal courts underscore the precautions companies should consider when evaluating whether their public filings appropriately disclose coronavirus-related exposure, say attorneys at Alston & Bird.

  • Virus Class Actions Against Chinese Gov't Face Uphill Battle

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    Three recently filed class actions claim that the Chinese government is liable for injuries and damages in the U.S. caused by COVID-19 — but precedent suggests that plaintiffs in these cases face little likelihood of recovery, say Robert Boone and Simren Gill at Bryan Cave.

  • Don't Forget Firm Culture When Adapting To Remote Work

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    While law firms suddenly pivoting to remote work due to coronavirus restrictions are busy dealing with logistical challenges, an equally pressing and perhaps more difficult task may be adjusting a long-standing brick-and-mortar culture to working remotely for the first time, say Heather Clauson Haughian and Grant Walsh at Culhane Meadows.

  • Rebuttal

    Coronavirus Is A Direct Physical Loss Triggering Event

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    A recent Law360 guest article argued that COVID-19 losses will not be covered by business interruption insurance, but policyholders can make a formidable argument, backed by multijurisdictional case law, that COVID-19 constitutes physical loss or damage sufficient to trigger coverage, says Gary Thompson at Thompson HD.

  • Does COVID-19 Fall Under Insurers' Pollution Exclusions?

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    Despite inconsistent rulings from state and federal courts, an analysis of bacterial and viral contamination cases provides insight on whether COVID-19 is the type of environmental harm expected to fall within insurance policies' pollution provisions, says Elise Allen at BatesCarey.

  • Lenders Must Prepare For Real Estate Bankruptcy Cramdowns

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    Due to the disruption COVID-19 is causing in real estate markets, lenders face the risk of borrowers filing for commercial real estate reorganization despite the objections of a dissenting class, but lenders have opportunities to block such actions, say Steve Lichtenfeld and Jeff Marwil at Proskauer.

  • Inside Shareholder Rights Plans Adopted Amid COVID-19

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    Companies including Williams, Occidental Petroleum, Dave & Buster's and Delek have recently adopted shareholder rights plans to protect against unauthorized accumulations of stock as prices decline due to the pandemic. Attorneys at Fried Frank take an in-depth look at these plans and what other companies should consider.

  • Conducting Court Hearings Remotely: 12 Considerations

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    As more courts begin to explore remote hearings during the COVID-19 crisis, attorneys and courts should be aware of some of the common concerns accompanying video- and teleconferencing technology and make allowances to avoid these issues, say Attison Barnes III and Krystal Swendsboe at Wiley Rein.

  • COVID-19 May Shape NY Business Interruption Insurance Law

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    If the New York State Legislature does not clarify whether business interruption insurance coverage extends to the current coronavirus pandemic — for example, by passing Assembly Bill A10226 introduced last month — then the battle will ultimately play out in the courts, says Massimo D'Angelo at Adam Leitman.

  • Opinion

    Coronavirus Is Not A Direct Physical Loss Triggering Event

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    Contrary to the claims in Cajun Conti v. Certain Underwriters at Lloyd’s London, commercial property insurance coverage for direct physical loss of or damage to a covered property does not include income losses resulting from businesses closing over COVID-19 concerns, say attorneys at Gordon & Rees.

  • The Era Of Video Mediation Is Here — Or Is It?

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    Mediator Jeff Kichaven has heard from several first-chair trial lawyers and senior claims executives that they are reluctant to adopt online video mediation even during the COVID-19 crisis, and says this reluctance is grounded in reality.

  • Furloughs: Weighing The Unemployment Costs And Benefits

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    Employers considering furloughs so workers can access expanded unemployment benefits under the Coronavirus Aid, Relief, and Economic Security Act should look for two factors that would minimize drawbacks for all parties, says Isaac Mamaysky at Potomac Law Group.

  • COVID-19 Highlights BigLaw Need For Emotional Intelligence

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    The formula for making decisions at BigLaw firms has historically been rooted in IQ-based factors, but with the ongoing pandemic, lawyers and firm leaders are increasingly dealing with issues that require emotional intelligence — from establishing effective virtual offices to retaining firm morale and client confidence, say Jolie Balido and Tina van der Ven at NewStar Media.

  • D&O Insurance Tips For Coronavirus-Related Claims

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    Directors and officers liability insurance may prove to be a source of relief for public companies battling shareholder claims stemming from the coronavirus pandemic, depending on specific language and exclusions that must be carefully reviewed, say Catherine Doyle and Jan Larson at Jenner & Block.

  • False Ad Considerations In The Time Of COVID-19

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    Companies in the travel, entertainment and hospitality sectors, among others, can and should address coronavirus concerns in their marketing, but they need to ensure they are not making representations they cannot support, say Mike Rounds and Alissa Gardenswartz at Brownstein Hyatt.

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