Hospitality

  • December 06, 2019

    Miami Sex Club Pushes To Overturn Models' $900K Verdict

    A Miami swingers club urged a federal judge Friday to overturn a jury verdict ordering it to pay nearly $900,000 to a group of 32 models for using their images to promote sex parties without their permission, renewing arguments that the models presented insufficient evidence at trial.

  • December 06, 2019

    Chickasaw Warns DOI It May Fight Okla. Over Casino Revenue

    The Chickasaw Nation has reached out to the U.S. Department of the Interior over the tribe's gaming compact with Oklahoma, saying the tribe faces a possible legal conflict because the state has threatened to contest the compact's renewal if it's dissatisfied with casino revenue-sharing talks.

  • December 06, 2019

    UK Watchdog Clears Acquisition Of Bicycle Cardmaker

    The United Kingdom's competition watchdog gave the go-ahead Friday to a Belgian playing card company's plans to snap up the American maker of the popular Bicycle brand of cards, greenlighting the deal without conditions.

  • December 06, 2019

    Wingstop Owner's Scans Skirt Ill. Biometric Law, Workers Say

    An Illinois Wingstop franchisee who owns and operates at least six restaurants in the state requires his employees to scan their fingerprints to track their attendance in violation of their biometric privacy rights, according to a state class action filed Thursday.

  • December 06, 2019

    UK Watchdog Says £1.3B Pub Deal Could Hurt Locals

    The U.K.’s competition watchdog said Stonegate Pub Company’s £1.27 billion ($1.42 billion) buy of rival pub operator Ei Group could be bad news for consumers in about 50 local areas, giving the companies a week to find a solution.

  • December 06, 2019

    Builder Slams Insurer's Bid To Ditch Dolphins Stadium Claims

    An insurance company’s push for a court judgment is “just another bite at the apple” in its bid to escape coverage related to the renovation of the Miami Dolphins’ Hard Rock Stadium, a construction contractor told a New York federal court.

  • December 05, 2019

    Yelp Is Liable For Buffalo Wild Wings' Texts, 9th Circ. Hears

    A Buffalo Wild Wings customer urged the Ninth Circuit on Thursday to revive his Telephone Consumer Protection Act suit against Yelp Inc., saying the company is vicariously liable for texts the restaurant chain sent to waiting diners using Yelp's software.

  • December 05, 2019

    Disney Escapes Disability Claims Over Line Skipping

    A California federal judge has favored Walt Disney Parks' bid to toss a suit claiming it discriminated against guests with disabilities including cerebral palsy and anxiety by not letting them cut ahead in line, saying they couldn't prove negligent infliction of emotional distress.

  • December 05, 2019

    Global Deal Resolves Creditor Objections In Houlihan's Ch. 11

    Attorneys for the parent company of casual dining chain Houlihan's told a Delaware bankruptcy judge Thursday that the company had reached a global deal with its unsecured creditors and secured lenders to resolve objections to its proposed debtor-in-possession financing, bidding procedures and executive bonus plans.

  • December 05, 2019

    Real Estate Rumors: Orda, KeyBank, CitizenM

    Orda Management is reportedly hoping to get as much as $800 million with the sale of a Manhattan office building, KeyBank and Fidelis Asset Management are said to have loaned $135 million for a New York hotel and CitizenM has reportedly landed $48.3 million in financing for a Miami hotel project.

  • December 05, 2019

    Tribes Decry Calif.'s Proposed Fee In Gambling Pact Talks

    A group of tribes assailed California's bid for an early win in a suit accusing the state of negotiating a gambling compact in bad faith, saying in their opposition the state wrongfully refused to drop a tax-like revenue-sharing proposal.

  • December 04, 2019

    Maritime Law Won't Limit Claims In Boat's Fatal Sinking

    A Missouri federal judge ruled that the owner of an amphibious boat can't rely on a 19th-century maritime law to limit liability in a sinking that claimed the lives of 17 tourists, saying the waterway where the accident happened isn't navigable.

  • December 04, 2019

    Couple Fights 'Absurd' Decision In $39.5M Arbitral Case

    Two missionaries are looking to revive their $39.5 million claim against the Dominican Republic for allegedly sabotaging their luxury real estate project, telling a D.C. federal court that an arbitral tribunal reached an "absurd" conclusion when it found them to be "dominantly Dominican."

  • December 04, 2019

    NY Tribe Tries To Pause $255M Gaming Award To State

    The Seneca Nation has urged a New York federal court to pause a judgment ordering it to give the state more than $255 million in unpaid casino revenue under a tribal-state gaming compact while it appeals the ruling.

  • December 04, 2019

    Fed Circ. Skeptical That Amazon Link Invalidates PTAB Ruling

    A Federal Circuit panel Wednesday appeared to disagree with Global Equity Management’s argument that the Patent Trial and Appeal Board should not have invalidated its graphical user interface patent because the petitioners challenging the patent hid that the real party in interest was Amazon.

  • December 04, 2019

    Haagen-Dazs Customers Denied Cert. In 'Thank You' Text Suit

    A California federal judge denied certification to a proposed class of Haagen-Dazs customers who allegedly received text messages thanking them for signing up for a rewards program, ruling that the named plaintiff had an experience that isn't typical of class members and questioning her "close personal relationship" with her attorney.

  • December 04, 2019

    Gold’s Gym Users Seek Cert. In Unwanted Text Class Action

    Visitors to Gold’s Gym who say they received unwanted text messages from the company asked a South Carolina federal court for class certification Wednesday, saying they're a “textbook case for class treatment” because they all received the same texts on the same equipment.

  • December 04, 2019

    NLRB Prosecutor To Challenge Hotel's Union 'Neutrality' Deal

    The National Labor Relations Board prosecutor is poised to bring a novel suit alleging a Seattle hotel and the UNITE HERE hospitality workers’ union violated employees’ rights through a “neutrality agreement” that helped the union, according to the organized labor foe that challenged the pact.

  • December 04, 2019

    Angels Reach Deal With Anaheim To Buy Stadium For $325M

    A land management company associated with the owner of Major League Baseball's Los Angeles Angels of Anaheim is set to buy the team's stadium from the city for $325 million and keep the team in Anaheim through 2050, according to a deal announced by the city on Wednesday.

  • December 03, 2019

    Fed. Circ. Overstepped In Menu Patent Fight, Full Court Told

    Ameranth Inc. has asked the full Federal Circuit to revive several of its online menu patent claims challenged by Domino's Pizza, saying the panel deemed them abstract without sufficient evidence and wrongly altered patent eligibility standards.

  • December 03, 2019

    Mariners Escape Rest Of Claims In ADA Suit Over Sightlines

    A Washington federal judge rejected the remaining claims Tuesday in a suit against the Seattle Mariners over an alleged lack of sufficient seats for fans who use wheelchairs at T-Mobile Field, finding that the stadium does not have to provide sightlines over the heads of fans who stand during exciting parts of the games.

  • December 03, 2019

    Creditors Flag Bonuses In Houlihan's Parent Ch. 11

    The unsecured creditors of the parent company of casual dining chain Houlihan's on Tuesday asked a Delaware bankruptcy court to reject a proposed executive incentive plan on the grounds it gives the executives no reason to push up the chain's sale price.

  • December 03, 2019

    Fla. High Court Questions Own Precedent On Review Powers

    Florida's attorney general urged the state Supreme Court on Tuesday to follow its own previous ruling that it has authority to review financial impact statements for ballot initiatives, but several justices asked questions that raised doubts about the state's review methods and the court's handling of precedent.

  • December 03, 2019

    Bally's Beats Whistleblower's Suit Claiming Retaliatory Firing

    A New Jersey appeals court on Tuesday refused to revive a suit against Bally's Casino and Hotel from an ex-surveillance employee alleging he was fired for blowing the whistle on a mini-baccarat cheating scam, saying the Atlantic City resort demonstrated he was properly terminated for mistreating co-workers.

  • December 03, 2019

    Country Club, EEOC Ink Settlement Over Sexual Harassment

    The U.S. Equal Employment Opportunity Commission has signed a $125,000 settlement in California federal court with Fairbanks Ranch Country Club Inc. in a suit claiming that a restaurant manager favored employees who acquiesced to his sexual advances at the club in Rancho Santa Fe.

Expert Analysis

  • State Net

    What State Lawmakers Will Be Focused On In 2020

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    A number of issues are expected to figure prominently on state legislative agendas in the coming year, including subjects as diverse as election reform, 5G technology, online marketplaces and insurance fraud, says Korey Clark of State Net Capitol Journal.

  • What Is A 'Reasonably Useful Form' For Production Of ESI?

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    While federal rules require production of electronically stored information in its native format or a "reasonably useful form," recent court rulings offer guidance on avoiding production of ESI in its native format when it would be unduly burdensome, say Matthew Hamilton and Donna Fisher at Pepper Hamilton.

  • 4 Ways Tribal Nations Can Leverage Opportunity Zones

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    The ecosystem of both capital and support services rapidly developing around opportunity zone investment provides tribal nations with an unparalleled opportunity to attract new investors by recasting and rebranding private economic development opportunities, says Bo Kemp at FaegreBD.

  • Patent Decision Highlights Cross-Appeal Considerations

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    The Federal Circuit's recent decision in IPR Licensing overruled precedent to hold that the cross-appeal rule is not jurisdictional, demonstrating the complexity of this seemingly simple rule and its various applications within the circuit courts, says Michael Soyfer at Quinn Emanuel.

  • No End In Sight For Litigation Of No-Poach Antitrust Claims

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    In light of the U.S. Department of Justice's indications of forthcoming criminal enforcement, and two recent federal court rulings concerning potential antitrust violations from use of no‑poach clauses in franchise agreements, companies should ensure they are not taking any action that could run afoul of antitrust laws, says Jennifer Maffett-Nickelman of Thompson Hine.

  • Perspectives

    Book Review: Who's To Blame For The Broken Legal System?

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    The provocative new book by Alec Karakatsanis, "Usual Cruelty: The Complicity of Lawyers in the Criminal Injustice System," shines a searing light on the anachronism that is the American criminal justice system, says Sixth Circuit Judge Bernice Donald.

  • California Businesses To Face More PFAS Scrutiny In 2020

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    On Jan. 1, California's A.B. 756 takes effect, authorizing the State Water Resources Control Board to order water systems to monitor for per- and polyfluoroalkyl substances. It will likely significantly increase public awareness of PFAS and put pressure on water systems to take action, says Albert Cohen of Loeb & Loeb.

  • Cybersecurity Due Diligence Strategies For M&A Transactions

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    In light of continuously evolving cyber threats and the growing body of privacy and data protection regulations, cybersecurity due diligence has become an essential part of evaluating and structuring mergers and acquisitions, and attention to it may become a competitive advantage, say Corby Baumann of Thompson Hine and Bret Cohen of Tier 1 Cyber.

  • The Top Pennsylvania Employment Law Changes In 2019

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    This year, equal pay, fair scheduling and paid sick leave updates dominated Pennsylvania’s employment law discussions, but 2020 promises more developments at the local, state and federal levels that will require employers to evaluate their policies and practices, says Stephanie Rawitt of Clark Hill.

  • Opinion

    Justices Should Use Florist Case To Settle Free Speech Issues

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    The U.S. Supreme Court should review Arlene’s Flowers v. Washington to answer questions about creative professionals’ First Amendment rights, which the Kentucky Supreme Court did not address in its recent Lexington-Fayette Urban County Human Rights Commission v. Hands On Original decision, says Kristen Waggoner of the Alliance Defending Freedom.

  • Wage Ruling Clears Up Tip Questions For Calif. Employers

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    A California state appeals court's recent wage decision in O’Grady v. Merchant Exchange Productions highlights that employers must clearly communicate to customers and employees the purpose of a service charge, especially if it is not intended as a gratuity, say attorneys at Davis Wright.

  • How To Hire Lateral Partners More Effectively

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    Although lateral partner hiring is the preferred method of inorganic growth among law firms, the traditional approach to vetting does not employ sufficient due diligence by the hiring firm, says Michael Ellenhorn at executive search firm Decipher Competitive Intelligence.

  • How High Court May Resolve Generic '.Com' TM Issue

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    In its upcoming U.S. Patent and Trademark Office v. Booking.com decision, the U.S. Supreme Court could uphold the Fourth Circuit’s ruling that generic terms can be transformed into protectable marks when combined with a top-level domain in some cases or, instead, adopt the Ninth and Federal Circuits' more stringent view requiring exceptional circumstances, say attorneys at Knobbe Martens.

  • 5 Owner Errors In Negotiating Hotel Management Agreements

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    By carefully structuring the fee provision of a management agreement, hotel owners can help align a management company's interests with their own and be assured that every incentive fee dollar earned by the management company means greater profit for the owner, says Ormend Yeilding of Lowndes Drosdick.

  • Opinion

    ADA Braille Gift Card Claims Shouldn't Gain Traction In NY

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    A recent wave of consumer class claims that challenge the visual accessibility of gift cards under the Americans with Disabilities Act in New York federal courts are facially deficient and should be susceptible to early dismissal, say attorneys at Akin Gump.