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Hospitality
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February 21, 2024
1st Circ. Won't Revive $19M Casino Deal Suit Against Wynn
The First Circuit affirmed the dismissal of a real estate executive's suit claiming Wynn Resorts reneged on a handshake deal to pay him $19 million for helping it obtain a casino license, pointing to an opinion from Massachusetts' top appellate court saying the agreement is unenforceable on public policy grounds.
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February 21, 2024
Atlantic City Hotels Want Room Rate Suit Tossed
Atlantic City casinos said on Tuesday a suit alleging they conspired to inflate room rates should be tossed, arguing it doesn't show there was any kind of agreement between the casinos and that its claims are partially time-barred.
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February 21, 2024
Cruise Line Hornblower Hits Ch. 11 With Over $1B Debt
Cruise line and ferry service Hornblower Group Inc. and affiliates on Wednesday filed for Chapter 11 bankruptcy protection in Texas with a plan to cut $720 million from its more than $1 billion of debt through a deal that will hand majority control to private equity firm Strategic Value Partners.
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February 20, 2024
Fla. Gaming Pact Not Allowed Under Federal Law, Expert Says
A Miami law school adjunct professor supporting a pair of casinos seeking to undo the Seminole Tribe of Florida's gaming agreement authorizing online sports betting has urged the U.S. Supreme Court to hear the establishments' case or reverse a lower court decision, saying the pact violates the Indian Gaming Regulatory Act.
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February 20, 2024
7th Circ. Backs McDonald's Win Over 'Bad Faith' Hot Tea Suit
The Seventh Circuit on Tuesday ruled that a lower court correctly tossed a man's $13 million "bad faith" lawsuit alleging he was burned by a McDonald's worker in Illinois who threw hot tea at him.
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February 20, 2024
Ill. Judge Scolds Defense Attys On Discovery: 'This Is Insanity'
A Cook County judge trimmed a lawsuit Tuesday brought by investors alleging financial mismanagement of the firm behind celebrated Chicago restaurant Maple & Ash, but lambasted defense counsel for dragging out discovery, saying she was "flabbergasted" that they left out information in discovery responses that she ordered them to include late last year.
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February 20, 2024
Casinos Say 'Unique' Policy Should Cover $130M COVID Loss
A casino operator with properties on the Las Vegas Strip and beyond told a Nevada federal court that its "unique" all-risk insurance is the broadest available coverage and should pay for $130 million in business interruption losses caused by the COVID-19 pandemic.
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February 20, 2024
Eateries' Virus Losses Not Covered, Insurer Tells NC Justices
Cincinnati Insurance Co. urged the North Carolina Supreme Court to affirm its win in a dispute with more than a dozen eateries over coverage for pandemic-related losses, saying government shutdown orders do not constitute direct physical loss or damage required to trigger coverage.
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February 20, 2024
Cool-Cheese Pizzeria Got Cold Feet Over $2.1M Sale, Suit Says
A Pittsburgh pizzeria known for its unusual practice of putting cold cheese on its pies backed out of a $2.1 million sale just before a potential buyer came to visit, according to a lawsuit a real estate agent filed in Pennsylvania state court.
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February 20, 2024
Mich. Township Must Face Winery Wedding Ban Suit
A Michigan federal judge has said he won't dismiss wineries' challenge to a Michigan town's rules limiting their ability to host weddings and other events, saying it would be "unwise" to toss the lawsuit because the wineries are still allegedly experiencing harm from the ordinance.
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February 20, 2024
Chancery Won't Block TripAdvisor's Nevada Move
In a ruling with implications for other Delaware-chartered companies pondering corporate charter relocations, a Delaware vice chancellor on Monday refused to block travel planning giant TripAdvisor Inc.'s reincorporation in Nevada, but kept alive minority stockholder damage claims alleging the vote was unfair and tainted by controller clout.
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February 20, 2024
DoorDash Charges Excessive Fees, NYC Burger Eatery Says
DoorDash was hit with a proposed class action Friday in California federal court by a New York City burger joint that accused the platform of employing a "widespread and pervasive practice" of levying service fees more than the 20% cap imposed by local legislations enacted during the COVID-19 pandemic.
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February 20, 2024
NC Panel Finds Condos Short-Term Rental Ban Unreasonable
The North Carolina Court of Appeals ruled Tuesday that a condominium owners association can't ban short-term rentals through an amendment to the neighborhood's covenants, reasoning the restriction was too radical a departure from the original rules.
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February 16, 2024
'No Respect': 2nd Circ. Judge Chides Dissatisfied Arb. Users
A Chinese cinema magnate's argument that he was inadequately notified of an arbitration that led to a $457 million penalty had a Second Circuit judge invoking the 1972 classic film "The Godfather" on Friday, as he criticized parties who only come to court to complain after the fact.
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February 16, 2024
MrBeast Can't Toss Restaurant Co.'s Burger Deal Countersuit
A New York judge refused Friday to toss contract breach counterclaims against YouTube personality MrBeast filed by his restaurant business partner, Virtual Dining Concepts, over his tweets about a burger ghost kitchen deal gone awry, finding they didn't fall within the scope of New York's anti-SLAPP law.
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February 16, 2024
DOI Announces Final Rule On Class III Indian Gaming
The U.S. Department of the Interior on Friday announced its final rule on changes to Class III Indian gaming compacts, updating the federal regulation to provide better guidance and transparency for tribes and states to negotiate those agreements under the Indian Gaming and Regulatory Act.
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February 16, 2024
Wyndham CEO Reports 'Expansive' FTC Query Into Takeover
Wyndham Hotels and Resorts says that the Federal Trade Commission's "expansive" request for more information has "only increased" its concerns about the wisdom of Choice Hotels International's attempt to buy out the company without the board's blessing.
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February 16, 2024
Fed. Circ. Reverses Injunction In Adventure Parks IP Suit
The Federal Circuit has reversed a Texas federal judge's decision to preliminarily block Kangaroo LLC from operating a part of its trampoline park using certain colors, saying the lower court didn't make "the requisite findings" to justify the injunction, and the injunction request fails on the merits.
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February 16, 2024
Off The Bench: NHL Antitrust, Daily Fantasy Dread, ESPN Bet
In this week's Off the Bench, the NHL faces allegations of a vast, exploitative antitrust scheme, daily fantasy operators continue facing heat from state regulators, and New York gets a new sports betting player as ESPN Bet hits the Empire State.
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February 16, 2024
Catching Up With Delaware's Chancery Court
News broke last week that Delaware's Court of Chancery will say goodbye to its current longest-serving jurist, a development that quickly overshadowed a busy week of new merger and board disputes, fee rulings, settlements, and books-and-records demands.
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February 16, 2024
Ex-Jenner & Block Litigator Joins Holland & Knight In Chicago
Holland & Knight LLP has brought on a longtime Jenner & Block LLP partner to bolster its litigation practice as a partner based in its Chicago office.
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February 16, 2024
Trump Atty Didn't Go 'Rogue' In Pushing Club NDA, Court Told
A former server suing a Trump Organization golf club over a nondisclosure agreement that she was allegedly illegally induced to sign by one of Donald Trump's lawyers has urged a New Jersey state court to keep her suit alive, arguing that the club's motion to dismiss relies on "absurd" arguments.
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February 16, 2024
Trump Owes $355M For Fraud That 'Shocks The Conscience'
A New York state judge on Friday found Donald Trump, his adult sons, his companies and longtime executives liable for a decadelong valuation fraud conspiracy, ordering the defendants to disgorge $364 million in ill-gotten gains to the state, plus interest, with the former president on the hook for the lion's share.
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February 16, 2024
Vail Resorts Promotes Deputy GC To Top Lawyer
Vail Resorts Inc. has elevated one of its in-house attorneys to general counsel, as its top lawyer leaves the mountain ski resort operator.
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February 15, 2024
Restaurant Franchise Owner Hit With $30.7M Jury Verdict
A Dallas County, Texas, jury has returned a $30.7 million verdict against major restaurant franchise company Sun Holdings Inc. and its owner in favor of an executive who claimed they refused to pay him his fair share of profits for operating nearly 150 Popeyes eateries.
Expert Analysis
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Identifying Trends And Tips In Litigation Financing Disclosure
Growing interest and controversy in litigation financing raise several salient concerns, but exploring recent compelled disclosure trends from courts around the country can help practitioners further their clients' interests, say Sean Callagy and Samuel Sokolsky at Arnold & Porter.
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Series
The Pop Culture Docket: Judge Elrod On 'Jury Duty'
Though the mockumentary series “Jury Duty” features purposely outrageous characters, it offers a solemn lesson about the simple but brilliant design of the right to trial by jury, with an unwitting protagonist who even John Adams may have welcomed as an impartial foreperson, says Fifth Circuit Judge Jennifer Elrod.
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Upcoming High Court ADA Cases May Signal Return To Basics
Recent cases, including Acheson Hotels v. Laufer, which will be heard by the U.S. Supreme Court in October, raise a fundamental question of whether Americans with Disabilities Act litigation has spiraled out of control without any real corresponding benefits to the intended beneficiaries: individuals with true disabilities, says Norman Dupont at Ring Bender.
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4 Business-Building Strategies For Introvert Attorneys
Excerpt from Practical Guidance
Introverted lawyers can build client bases to rival their extroverted peers’ by adapting time-tested strategies for business development that can work for any personality — such as claiming a niche, networking for maximum impact, drawing on existing contacts and more, says Ronald Levine at Herrick Feinstein.
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Opinion
3 Ways Justices' Disclosure Defenses Miss The Ethical Point
The rule-bound interpretation of financial disclosures preferred by U.S. Supreme Court Justices Samuel Alito and Clarence Thomas — demonstrated in their respective statements defending their failure to disclose gifts from billionaires — show that they do not understand the ethical aspects of the public's concern, says Jim Moliterno at the Washington and Lee University School of Law.
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Series
In A 'Barbie' World: Questions On Kid Brands In Gambling Ads
A recent "Barbie" film marketing partnership with a casino raised some eyebrows as the iconic children's toy brand was being used to promote gambling in possible contravention of advertisement regulations for adult activities, but the campaign's particularities signal that the shtick may comport with responsible ad principles after all, says Abbey Block at Ifrah Law.
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Ch. 11 Ruling Sets New Standard For Using Reinstatement
A New York bankruptcy court’s recent ruling in Golden Seahorse, which concluded that Section 365(b)(2)(D) of the U.S. Bankruptcy Code only creates a cure exception for nonmonetary defaults, sets a high bar for challenging the requirement to pay default interest as a condition to reinstatement of a loan agreement under a Chapter 11 plan, says Debra Dandeneau at Baker McKenzie.
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For Tribes, Online Gambling May Soon Be A Safe Bet
The Bureau of Indian Affairs' proposed changes to the Indian Gaming Regulation Act would expressly allow tribes to execute compacts with states that enable online gambling and sports betting activities, strengthening tribes' ability to position themselves in the gambling industry despite protests from casino operators, says Blair Will at Hall Estill.
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Caregiver Flexibility Is Crucial For Atty Engagement, Retention
As the battle for top talent continues post-pandemic, many firms are attempting to attract employees with progressive hybrid working environments — and supporting caregivers before, during and after an extended leave is a critically important way to retain top talent, says Manar Morales at The Diversity & Flexibility Alliance.
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Cannabis Consumption Lounges Face Unique Liability Risks
As state laws regulating cannabis consumption lounges proliferate, operators must follow certain best practices to effectively address issues like air quality concerns and California Proposition 65 warnings, says Lauren Mendelsohn at the Law Offices of Omar Figueroa.
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In-Office Engagement Is Essential To Associate Development
As law firms develop return-to-office policies that allow hybrid work arrangements, they should incorporate the specific types of in-person engagement likely to help associates develop attributes common among successful firm leaders, says Liisa Thomas at Sheppard Mullin.
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Data Breach Rulings Stress Duty For Protecting Worker Data
Two recent rulings from the Eleventh Circuit have restricted employers' ability to defend class action claims stemming from data breaches that target employees' personal information, highlighting the importance of cybersecurity measures that acknowledge a heightened obligation to protect workers’ data, say attorneys at Polsinelli.
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Perspectives
A Judge's Pitch To Revive The Jury Trial
Ohio state Judge Pierre Bergeron explains how the decline of the jury trial threatens public confidence in the judiciary and even democracy as a whole, and he offers ideas to restore this sacred right.
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How To Recognize And Recover From Lawyer Loneliness
Law can be one of the loneliest professions, but there are practical steps that attorneys and their managers can take to help themselves and their peers improve their emotional health, strengthen their social bonds and protect their performance, says psychologist and attorney Traci Cipriano.
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Opinion
Litigation Funding Disclosure Should Be Mandatory
Despite the Appellate Rules Committee's recent deferral of the issue of requiring third-party litigation funding disclosure, such a mandate is necessary to ensure the even-handed administration of justice across all cases, says David Levitt at Hinshaw.