Hospitality

  • September 24, 2021

    Jury Hears USC Coach Never Heard Of 'Varsity Blues' Recruit

    A former assistant coach for the University of Southern California's women's basketball team told a Boston jury Friday she never heard of a purported recruit who prosecutors say got into the school as part of the "Varsity Blues" admissions scheme.

  • September 24, 2021

    Pa. Eatery Wants Virus Insurance Suit Paused For 3rd Circ.

    A Pittsburgh restaurant has asked a Pennsylvania federal court to pause its lawsuit seeking insurance coverage for pandemic-related losses, saying the Third Circuit is now considering a group of consolidated appeals that could resolve most of the case's issues.

  • September 24, 2021

    NJ Court Skeptical Of Contamination Pitch In Virus Suit

    A New Jersey state judge on Friday challenged Highgate Hotels LP's stance that purported contamination from COVID-19 at its properties across the country constituted physical damage and thus warranted coverage from a Liberty Mutual unit and other insurers, noting that the airborne virus has damaged the entire world.

  • September 24, 2021

    Vendor Co. Fights Airport's 'Pepsi Only' Rule At 3rd Circ.

    An airport vendor company urged the Third Circuit on Friday to revive its antitrust challenge to the Philadelphia International Airport's rule limiting nonalcoholic beverage sales to Pepsi products, arguing it had sufficiently defined a "relevant" geographic market where competition was injured.

  • September 24, 2021

    NC Theaters, Chicago Eateries Lose COVID-19 Coverage Bids

    An Illinois federal judge has ruled that a North Carolina movie theater chain and a group of Chicago restaurants are not entitled to coverage for their pandemic losses, finding that the businesses did not show that they incurred a direct physical loss that would trigger coverage under their insurance policies.

  • September 24, 2021

    Texas Justices To Hear Chick-Fil-A Airport Exclusion Row

    The Texas Supreme Court on Friday agreed to hear a lawsuit challenging the San Antonio City Council's decision to exclude Chick-fil-A from operating a restaurant in the city's airport, after a lower appellate court found governmental immunity barred the claims.

  • September 24, 2021

    Otis Dodges Insurer's Suit Over Elevator Fall In Skyscraper

    Otis Elevator has avoided an insurer's suit in Illinois federal court seeking reimbursement after an elevator in Chicago's formerly named John Hancock Center skyscraper fell 84 floors and was shut down by the city, stopping customers from visiting a 95th-floor restaurant insured by the company.

  • September 24, 2021

    Eagle Hospitality Creditors Say Time's Up For Ch. 11 Plan

    Eagle Hospitality Group is being uncooperative and should not be granted more time to produce a Chapter 11 plan, a group of creditors told a Delaware bankruptcy court, noting that they are waiting in the wings with their own proposal.

  • September 24, 2021

    Cruise Co. Sails To Victory In Ship Breakdown Class Action

    Passengers who sued a tour company after a broken-down ship halted their European river cruise lost the remaining claim in their class action Friday, with a Boston federal judge dinging the vacationers for failing to give clear notice of their claims prior to filing suit.

  • September 24, 2021

    Navajo Nation, DOI Agree To Remand In 9th Circ. Land Fight

    The Department of the Interior has joined the Navajo Nation in asking the Ninth Circuit to send a land trust dispute back to district court, agreeing that the tribe should be allowed to file an amended complaint against the government.

  • September 23, 2021

    NYC Passes Laws To Better Food Delivery Worker Conditions

    The New York City Council on Thursday passed a legislative package to improve working conditions for food delivery couriers employed by apps such as Grubhub and Uber Eats, saying the six bills will help set minimum pay requirements and ensure that tips go to the workers.

  • September 23, 2021

    Edelson Nabs Interim Lead In Tech Giant Gambling App MDL

    A California federal judge on Thursday appointed Edelson PC interim class counsel in multidistrict litigation accusing Apple, Google and Facebook of illegally peddling slot machines and other Las Vegas-style gambling games on their platforms while raking in billions in revenue from commissions off every wager made in these so-called "social casinos."

  • September 23, 2021

    Ballard Spahr Guiding $1B New Orleans Mixed-Use Project

    Ballard Spahr is representing River District Neighborhood Investors, which is acting as the master developer of a $1 billion New Orleans mixed-use project, the firm said Thursday.

  • September 23, 2021

    Cincinnati Scores 7 Virus Coverage Dismissals In Tenn., Pa.

    Cincinnati Insurance Co. won seven dismissals of coronavirus coverage suits in Tennessee and Pennsylvania federal courts, but a Missouri federal judge allowed a Kansas City restaurant and bar owner to head to trial against the insurer on its business income coverage claim.

  • September 23, 2021

    MTV Beats Trademark Suit Over 'Floribama Shore'

    A Florida federal judge ruled Wednesday that the MTV reality show "Floribama Shore" didn't violate the trademark rights of an oyster bar called the Flora-Bama, rejecting the case on First Amendment grounds.

  • September 22, 2021

    Minn. Justices Revive Suit Over Woman's Fatal Fall At Lodge

    The Minnesota Supreme Court has revived a wrongful death suit seeking to hold a lakeside resort liable for a woman's fatal fall down a purportedly dilapidated concrete stairway, saying the condition of the stairs may have been the culprit though no eyewitnesses saw what caused the fall.

  • September 22, 2021

    Hard Rock Cheating Claims To Go Before NJ Regulators

    A New Jersey federal judge on Wednesday said state gaming officials should weigh in on potential regulatory violations before a craps player keeps pursuing his suit alleging the Hard Rock Hotel & Casino Atlantic City cheated him out of more than $650,000 by purportedly using marked dice.

  • September 22, 2021

    NY Eatery Exec Was Fired For Alleging PPP Fraud, Suit Says

    The former operations director for a group of New York restaurants claimed in a Brooklyn federal court suit Wednesday that he was fired in retaliation for raising alarms about alleged pandemic loan fraud.

  • September 22, 2021

    Yum Brands Ducks Ex-KFC Worker's Privacy Suit, For Now

    An Illinois state court judge on Wednesday tossed biometric privacy claims that KFC and its parent company unlawfully collected a franchise worker's fingerprints, saying she needs more information about the companies to get a true sense of the allegations.

  • September 22, 2021

    Burger King Workers Fight To Revive No-Poach Suit

    A proposed class of Burger King workers tried Wednesday to revive their suit over no-poach provisions in franchise agreements, telling the Eleventh Circuit that the lower court's ruling that the corporation and its franchisees are not distinct runs counter to Supreme Court precedent stating franchisees are competing businesses.

  • September 22, 2021

    New Orleans Restaurant Loses Rebid For Pandemic Coverage

    A popular New Orleans restaurant lost its second bid for coronavirus pandemic coverage when a Louisiana federal judge said it failed to show it sustained the kind of physical loss required for coverage under its State Farm property insurance policy.

  • September 22, 2021

    Boston Bruins Event Co. Can't Take Down Stagehand Pay Suit

    An event company behind the Boston Bruins Fan Fest during the National Hockey League team's 2019 playoff games must face claims it failed to pay wages to hired stagehands and shirked duties to contribute to union retirement and education plans, a Massachusetts federal judge said Tuesday.

  • September 21, 2021

    Judge Sends Virus Coverage Suit To Trial In 'Landmark' Ruling

    A Missouri federal judge ruled Tuesday that a Kansas City restaurant and bar operator could be entitled to coverage for pandemic losses at trial, saying the physical loss or damage required for coverage includes contamination rendering a property unsafe.

  • September 21, 2021

    Liberty Mutual Won't Have To Cover NJ Eatery's Virus Losses

    A New Jersey state court ruled Tuesday that a Liberty Mutual unit does not have to cover a restaurant's losses related to the coronavirus pandemic, with a judge finding that the eatery was not physically altered and that its insurance policy's virus exclusion bars coverage.

  • September 21, 2021

    Pro Poker Player, Borgata Casino End Suit Over Suicide Joke

    A professional poker player's suit demanding that the Borgata casino pay him at least $1.25 million after his joke about jumping from a window went awry has come to a close in New Jersey federal court, with the parties voluntarily dismissing all claims.

Expert Analysis

  • Fla. Business Judgment Ruling May Benefit US Country Clubs

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    The recent Florida appellate court ruling in Share v. Broken Sound Club fills the void in case law applying the business judgment rule to country clubs, highlights the broad scope of authority granted to these clubs across the state, and carries potential nationwide industry benefits, say Eric Coleman and Ryan Roman at Akerman.

  • 3 Attorney Ethics Considerations For Litigation Funding

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    The growth of the litigation finance industry has generated questions on the obligations of counsel when their clients are seeking outside capital to fund litigation, which litigators must understand when providing information to a third-party funder and discussing legal strategy with a client, says Matthew Oxman at LexShares.

  • Opinion

    Ruling Rightly Sends COVID Biz Interruption Question To Jury

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    After a string of insurer coronavirus coverage wins on dispositive motions, a Missouri federal court's ruling this week in favor of the policyholder in K.C. Hopps v. Cincinnati Insurance places the decision-making responsibility about the facts and science in COVID-19 business interruption cases back where it belongs — with a jury, say attorneys at Pillsbury.

  • How ABA Opinion Shifts Alternative Biz Structure Landscape

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    A recent American Bar Association opinion approving lawyers' passive investment in nonlawyer-owned firms eliminates a hurdle for law firms wishing to scale their practice through alternative business structures, but aspiring investors should follow a few best practices, say Hilary Gerzhoy and Deepika Ravi at Harris Wiltshire.

  • Policyholder Outlook Following UK Biz Interruption Test Case

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    In the nine months since the U.K. Supreme Court ruled in favor of policyholders in the Financial Conduct Authority’s test case on insurance coverage for COVID-19 businesses interruption claims, similar lawsuits filed against insurers show that a positive outcome for insureds is not guaranteed, say Peter Sharp and Paul Mesquitta at Morgan Lewis.

  • Vaccine Passport Efforts Need To Stay Mindful Of ADA Title III

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    As questions about vaccine passports' viability under Title III of the Americans With Disabilities Act prevail, companies should carefully explore whether requiring them of customers and patrons creates legitimate impediments to the full and equal access of public accommodations, say Charles Thompson and Anthony Guzman at Greenberg Traurig.

  • Series

    Embracing ESG: HPE Counsel Talk Effective Board Oversight

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    Governance teams can more effectively shape board oversight of environmental, social and governance issues by ensuring organizationwide agreement on the most relevant issues, building a materiality framework that reflects stakeholder input, and monitoring the integration of ESG into operations, say Rishi Varma and Derek Windham at Hewlett Packard Enterprise.

  • Opinion

    Justice Gap Demands Look At New Legal Service Models

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    Current restrictions on how lawyers structure their businesses stand in the way of meaningful access to justice for many Americans, so states should follow the lead of Utah and Florida and test out innovative law firm business models through regulatory sandboxes, says Zachariah DeMeola at the Institute for the Advancement of the American Legal System.

  • Del. M&A Ruling Holds Lessons On Post-Termination Rights

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    The Delaware Chancery Court's recent dismissal of Yatra Online's allegations that Ebix willfully broke the terms of their merger agreement to scuttle the transaction underscores the importance of paying close attention to the language in a transaction's provisions for effect of termination, say attorneys at Fried Frank.

  • Mass. 7-Eleven Case Carries Broad Employment Ramifications

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    The 7-Eleven worker classification case pending in Massachusetts' highest court calls franchising models into question and is likely to have repercussions beyond the Bay State as various local, state and federal regulators try to apply employment law to business relationships that may not fall neatly into either the employee or independent contractor category, says Hugh Murray at McCarter & English.

  • Series

    Embracing ESG: Leidos GC Talks Social Responsibility

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    Recent criticisms of corporate commitments to stakeholders such as employees and communities — implicitly opposing environmental, social and governance initiatives — are fundamentally flawed and display a serious misunderstanding of contemporary investor priorities and dynamics, says Jerald Howe at Leidos.

  • Fraud Enforcement Risk Mitigation Steps For PPP Lenders

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    Notwithstanding hold-harmless provisions included in the Paycheck Protection Program, lenders are not protected from U.S. Department of Justice fraud investigations or False Claims Act qui tam suits and should consider strategies to reduce potential liability, say Derek Adams at Potomac Law and Jesse Morton at Stout Risius.

  • Lessons In Crisis Lawyering 20 Years After 9/11

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    Dianne Phillips at Holland & Knight recounts her experiences as in-house counsel at a liquefied natural gas company in the tumultuous aftermath of Sept. 11, 2001, and details the lessons she learned about lawyering in a crisis, including the importance of careful forethought and having trusted advisers on speed dial.

  • What Attorneys Should Know About 'Ghost Kitchen' Clients

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    Brett Buterick at A.Y. Strauss examines common issues attorneys could face when working with clients in the so-called ghost kitchen industry and provides practical guidance on primary agreements, key terms and deal points.

  • Why Structured Data Is Increasingly Important To Your Case

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    During discovery, legal teams often overlook structured data — the rows of information found in financial ledgers and similar corporate systems — and consider it secondary to emails and other anecdotal evidence, but this common mistake could mean litigators are missing key elements of a dispute, say consultants at Alvarez & Marsal.

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