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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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As AI Pricing Tools Evolve, So Does Antitrust Risk
As the use of pricing algorithms has given rise to regulatory scrutiny and civil actions, such as RealPage Rental Software Antitrust Litigation in the Middle District of Tennessee and Gibson v. MGM in the District of Nevada, independent pricing decisions and other best practices can help limit antitrust risk, say attorneys at Axinn.
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How Investors Can Seize Renewables Opportunities In RE
As governments and stakeholders increasingly focus on sustainability in the real estate sector, investors could capture significant upside by implementing an operational real estate strategy focused on renewable energy sources, say attorneys at Goodwin.
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What Large Language Models Mean For Document Review
Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.
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Series
Participating In Living History Makes Me A Better Lawyer
My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.
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How A Gov't Shutdown Would Affect Immigration Processing
While a government shutdown would certainly create issues and cause delays for immigration processing, independently funded functions would continue for at least a limited time, and immigration practitioners can expect agencies to create reasonable exceptions and provide guidance for navigating affected matters once operations resume, say William Stock and Sarah Holler at Klasko Immigration Law Partners.
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Opinion
Private Equity Owners Can Remedy Law Firms' Agency Issues
Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.
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How To Protect Atty-Client Privilege While Using Generative AI
When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.
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How New Lawyers Can Leverage Feedback For Growth
Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.
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Series
In A 'Barbie' World: Boosting IP Value With Publicity Machines
Mattel's history of intellectual property monitoring, including its recent challenge against Burberry over the "BRBY" trademark ahead of the "Barbie" film, shows how IP enforcement strategies can be used as publicity to increase brand value and inform potential collaborations, says Carly Duckett at Shepherd and Wedderburn.
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Series
ESG Around The World: Australia
Clive Cachia and Cathy Ma at K&L Gates detail ESG-reporting policies in Australia and explain how the country is starting to introduce mandatory requirements as ESG performance is increasingly seen as a key investment and corporate differentiator in the fight for global capital.
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Twitter Legal Fees Suit Offers Crash Course In Billing Ethics
X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.
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ABA's Money-Laundering Resolution Is A Balancing Act
While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.
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A Festival Of Litigation Could Arise From 'Electric Zoo' Fiasco
Over Labor Day weekend, thousands of electronic dance music fans were displeased with the organization of the New York City-based Electric Zoo festival, which quickly elicited comparisons to the 2017 Fyre Festival — and three kinds of litigation could ensue from the debacle, say attorneys at Seiden Law.
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Law Firm Professional Development Steps To Thrive In AI Era
As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.
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What Upholding Of Short-Term Rental Law Means For NYC
A New York state judge's dismissal of Airbnb's challenge against the Short-Term Rental Registration Law will benefit the city's hospitality industry and exert downward pressure on apartment rents, and potentially provide a model for other local governments around the U.S. to curb short-term apartment rentals, says Alexander Lycoyannis at Holland & Knight.