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Hospitality
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March 15, 2024
Law School Says SF Ignoring Deal On 'Deplorable' Downtown
A San Francisco law school has accused the city of violating a 2020 federal court settlement that required it to address "deplorable" conditions around the school's downtown campus, saying nothing bars the city from clearing homeless encampments if the occupants refuse an offer of shelter.
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March 15, 2024
2nd Circ. OKs Mississippi River Charter For Swiss Cruise Co.
The Second Circuit on Friday backed a federal maritime agency's granting of a Mississippi River charter to the U.S. arm of Swiss cruise line operator Viking Cruises Ltd., finding that the decision wasn't arbitrary or capricious, but the court declined to weigh in on the legality of such arrangements in general.
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March 15, 2024
'Needless Circuit Split' In Tribal COVID Row, 9th Circ. Told
An AIG unit and other insurers are urging the Ninth Circuit to rethink its decision ordering them to litigate the Suquamish Tribe's COVID-19 business interruption claims in tribal court, arguing that a three-judge appeals panel's unanimous affirmation "creates a needless circuit split on the scope of tribal-court jurisdiction."
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March 14, 2024
Game Developer Seeks Class Cert. In Valve Antitrust Case
Developer Wolfire Games is asking a Seattle federal judge for class certification in its consolidated antitrust suit against online game seller Valve, saying discovery has brought abundant evidence that the platform uses its most-favored-nation clause to stifle competition and maintain monopoly power.
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March 14, 2024
Ga. Farm Retreat Fails to Back H-2B Bid With Growing Season
An administrative law judge on Wednesday shot down a Georgia farm retreat's bid to temporarily hire foreign employees during the Peach State's growing period, saying in two decisions that the employer failed to show that either of the job positions were seasonal.
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March 14, 2024
2nd Circ. Keeps COVID Furloughs Suit Out Of Arbitration
Three former Four Seasons hotel employees' yearslong COVID-related furloughs don't fall under their employment agreements and are therefore not arbitrable, the Second Circuit ruled, affirming a lower court's decision keeping the workers' suit in court.
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March 13, 2024
Ala. Hotelier Says Insurer Must Cover Fire Damage
A Montgomery, Alabama, hotel owner said an insurer must cover a property-destroying fire under a $13 million policy, telling a New York federal court the insurer made "no attempt whatsoever" to meet its obligations despite the hotelier having met all conditions under the policy.
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March 13, 2024
Wash. Assessor Was Wrong To Deny COVID Relief, Hotels Say
A business group representing Washington hotels told a state court that a county assessor erred when he refused to lower the 2020 property assessments for hotels in the area due to financial losses stemming from the coronavirus pandemic.
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March 13, 2024
Ex-TopGolf Worker Claims Unfair Firing Over Wage Complaint
A former food service worker for an Alabama TopGolf facility was fired after a manager cursed at and threatened to physically assault her for using profanity in complaining about earning subminimum wages, according to a suit filed in federal court.
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March 13, 2024
Simpson Thacher Steers Close Of $2B Travel-Focused Fund
Simpson Thacher & Bartlett LLP-advised KSL Capital Partners LLC on Wednesday said that it clinched its latest travel and leisure-centered private equity fund after amassing roughly $2 billion in capital commitments.
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March 12, 2024
FTC Welcomes Choice Hotels Dropping Wyndham Hostile Buy
The Federal Trade Commission's top antitrust staffer said Tuesday that he was "pleased" Choice Hotels International Inc. had given up on a hostile takeover of Wyndham Hotels & Resorts, warning that the deal had "posed serious competition questions."
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March 11, 2024
Tech, Retail Industries Say No To Patent Eligibility Reforms
A coalition of tech companies, retailers and tech activist groups lined up on Monday in opposition to the latest legislative effort to limit patent invalidation in the courts, warning that unseating legal precedents over eligibility would lead to a coming "wave of crippling litigation."
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March 11, 2024
Burford, Sysco Can't Swap In Price-Fixing Suits, Court Told
A magistrate judge was right to point to the underlying facts and public policy when denying an attempt to substitute a Burford Capital affiliate for Sysco in sprawling price-fixing lawsuits against pork and beef producers, the beef producers told a Minnesota federal court.
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March 11, 2024
Catching Up With Delaware's Chancery Court
Delaware's Court of Chancery became a hot topic in New Orleans last week as litigators and judges at an annual convention acknowledged the First State's corporate law preeminence is under scrutiny. Back home, the court moved ahead on disputes involving Meta Platforms, Abercrombie & Fitch and Donald Trump.
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March 11, 2024
Choice Hotels Abandons Wyndham Hostile Takeover Attempt
After a monthslong hostile takeover attempt, Choice Hotels International Inc. on Monday announced its decision to withdraw its slate of nominees for election to Wyndham Hotels & Resorts' board of directors following the expiration of its exchange offer.
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March 08, 2024
Mich. Court Can't Shush Library Whistleblower, Panel Says
A Michigan appeals court has revived a former library director's whistleblower suit alleging she was fired for questioning whether the library could use public funds to pay for a board member's godson to open a restaurant on the premises, saying she reported ongoing conduct which is considered protected activity.
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March 08, 2024
State Farm Beats Spas' COVID Shutdown Suit At 4th Circ.
The Fourth Circuit sided with State Farm insurance entities Friday in tossing a coverage dispute brought by a class of spa businesses alleging they were owed under "all risk" policies after COVID shutdown orders, with the court holding that recent precedent determined similar policies dealt with physical damage, not business closings.
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March 08, 2024
Detroit-Area Bars' Challenge To Parking Plan Gets Bounced
A Michigan federal judge has trimmed a group of restaurants and bars' challenge to a Detroit suburb's plans to replace a parking lot their customers use with a mixed-use building, finding the eateries' financial success isn't protected under federal law.
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March 07, 2024
Fla. Justices Won't Reinstate $31M Award In Hit-And-Run Suit
An overturned $31 million jury award won't be reinstated by the Florida Supreme Court, which ruled Thursday that a bar accused of negligently serving alcohol to an underage person who later hit an intoxicated teen with his car and fled the scene should have been allowed to argue that the teen was partially at fault.
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March 07, 2024
Builder Wins $2.7M For Marriott Mudslide Repair Work
A Colorado federal judge has awarded a construction company more than $2.7 million in damages for cleanup and repair work at a Brazilian Marriott hotel and resort, concluding after a four-day August bench trial the hotel giant was liable for not paying up as agreed.
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March 07, 2024
Caribbean Resort Developer Says Partner Undermined Project
An Aspen, Colorado, developer of a Caribbean golf resort has accused one of his partners in Colorado state court of violating a non-compete provision by working on similar projects that were located too close to the luxury development.
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March 07, 2024
Deals Rumor Mill: Reddit, Cisco, LeBron James-PGA Tour
Reddit's IPO could fetch a $6.5 billion valuation, European antitrust regulators are likely to approve Cisco's $28 billion acquisition of cybersecurity firm Plunk, and LeBron James is among parties interested in investing up to $3 billion combined to support the PGA Tour. Here, Law360 breaks down these and other notable deal rumors from the past week.
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March 06, 2024
Judge OKs McDonald's Atty-Client Privilege In Race Bias Fight
An Illinois magistrate judge on Tuesday mostly upheld McDonald's attorney-client privilege assertions over internal employee-investigation documents produced by outside counsel at Morgan Lewis & Bockius LLP in a contentious race bias lawsuit by former McDonald's executives against the fast-food giant, finding that McDonald's and the attorney haven't entirely waived privilege.
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March 06, 2024
Federal Lawmakers Want To Protect 172 Acres For Calif. Tribe
Legislation introduced by two U.S. senators would place 172 acres into trust for a California tribe in an effort to bring its members back to its reservation where they can develop a permanent home.
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March 06, 2024
Choice Can Confirm Award Over $61M In Franchisee Claims
Choice Hotels has been ordered to pay a roughly $780,000 arbitration award after dozens of South Asian franchisees earlier fought the hotel chain's bid to arbitrate their claims that a vendor kickback scheme cost them $61 million.
Expert Analysis
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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.
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Recalling USWNT's Legal PR Playbook Amid World Cup Bid
As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.
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The Issues Brewing Around Starbucks Labor Practice Cases
Starbucks is faced with fighting off another push for a nationwide injunction against firing any employees that support unionization, and there's a distinct possibility that the company and the National Labor Relations Board could be fighting the same fight over and over in various locations, says Janette Levey at Levey Law.
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Investors With ESG Aims Should Heed Antitrust Reporting Rules
As investors globally are embracing environmental, social and governance investing, regulatory agencies have made clear that ESG initiatives are not immune from antitrust scrutiny, and investors cannot count on receiving special exemptions from the Hart-Scott-Rodino Act reporting requirements, say Jonathan Gleklen and Francesca Pisano at Arnold & Porter.