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Hospitality
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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.
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February 15, 2024
Club, Insurer Resolve Fiduciary Breach Coverage Row
A country club owner, various club board members and Selective Insurance Co. agreed to dismiss their dispute Thursday in Massachusetts federal court over coverage for breach of contract and fiduciary duty claims that club investors lodged in arbitration, resolving the coverage case after reaching a settlement in January.
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February 15, 2024
No Coverage For Pandemic Losses, NY Top Court Rules
A Texas-based restaurant operator isn't entitled to insurance coverage for its pandemic losses, New York's top court ruled Thursday, saying the operator didn't allege the kind of physical loss or damage required for coverage.
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February 15, 2024
Conn. Justice Calls Marriott Lien Fight 'An Embarrassment'
A "bizarre" appeal that seeks the discharge of a sewer assessment lien on a Marriott hotel property is "a waste of everybody's time," a Connecticut Supreme Court justice said Thursday amid oral argument.
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February 15, 2024
NJ Atty Beats Greater Damages Bid Over Hotel Project Loan
A New Jersey attorney won't have to face an additional $9.5 million in damages in a suit over a mishandled escrow agreement related to the development of a luxury New Mexico hotel, a federal judge has ruled.
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February 15, 2024
Ex-DraftKings Exec Seeks Clarity On Fanatics Guardrails
A former DraftKings Inc. executive has asked a Massachusetts federal court to clarify the type of work he can perform for competitor Fanatics Inc. while the legal fight with his previous employer plays out, warning that the court's current order is too restrictive.
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February 15, 2024
'Jock Tax' Is Constitutional, Pittsburgh Tells Pa. Justices
The Pennsylvania Commonwealth Court erred by ruling Pittsburgh's fee on nonresident professional athletes violates the state constitution's uniformity clause, the city told the Pennsylvania Supreme Court.
Expert Analysis
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AI Can Help Lawyers Overcome The Programming Barrier
Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.
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Preparing Law Students For A New, AI-Assisted Legal World
As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.
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Series
ESG Around The World: South Korea
Numerous ESG trends have materialized in South Korea in the past three years, with impacts ranging from greenwashing prevention and carbon neutrality measures to workplace harassment and board diversity initiatives, say Chang Wook Min and Hyun Chan Jung at Jipyong.
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General Counsel Need Data Literacy To Keep Up With AI
With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.
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Illinois Trump Tower Ruling Illuminates Insurance 'Occurrence'
In Continental Casualty v. 401 North Wabash Venture, an Illinois appellate court found that Trump Tower was not entitled to insurance coverage for operating its HVAC system without a permit, helping to further define a widely litigated general liability insurance issue — what constitutes an "occurrence," say Robert Tugander and Greg Mann at Rivkin Radler.
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Opinion
Civil Litigation Against Gun Businesses Can Reduce Violence
With mass shootings skyrocketing, and gun control legislation blocked by powerful interest groups, civil litigation can help obtain justice for victims by targeting parties responsible beyond the immediate perpetrator — including gun manufacturers, dealers and retailers, says Tom D'Amore at D'Amore Law Group.
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Retailers: Beware Legislator And Regulator Junk Fee Focus
In light of the Biden administration’s recent focus on restricting so-called junk fee surcharges across industries, attorneys at Benesch discuss what retailers should know about several evolving developments, including a new California law, a proposed Federal Trade Commission rule, an expanding litigation landscape, and more.
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Navigating Discovery Of Generative AI Information
As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.
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Finding Focus: Strategies For Attorneys With ADHD
Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.
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Attorneys, Law Schools Must Adapt To New Era Of Evidence
Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.
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Series
ESG Around The World: The UK
Following Brexit, the U.K. has adopted a different approach to regulating environmental, social and governance factors from the European Union — an approach that focuses on climate disclosures by U.K.-regulated entities, while steering clear of the more ambitious objectives pursued by the EU, say attorneys at Dechert.
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Tips For Litigating Against Pro Se Parties In Complex Disputes
Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.
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Pro Bono Work Is Powerful Self-Help For Attorneys
Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.
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Series
Playing In A Rock Cover Band Makes Me A Better Lawyer
Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.
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How Cos. Can Prioritize Accessibility Amid Increase In Suits
The U.S. Department of Justice's notice of proposed rulemaking on digital accessibility and recent legal proceedings regarding tester plaintiff standing in accessibility cases show websites and mobile apps are a growing focus, so businesses must proactively ensure digital content complies with the Americans with Disabilities Act, say attorneys at Hinckley Allen.