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Hospitality
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October 31, 2024
Firms' Hiring Strategies Are Evolving In Fight For Top Spot
Competition for top talent among elite law firms shows no signs of slowing down, even amid economic uncertainty, with financially strong firms deploying aggressive strategies to attract and retain skilled professionals to solidify their market position.
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October 30, 2024
Del. Justices Probe Implications Of Tripadvisor Nevada Move
Delaware's justices closely questioned on Wednesday an attorney defending shopping and travel giant Tripadvisor Inc.'s bid to reincorporate in Nevada, pressing for frameworks that protect the interests of current stockholders as well as fiduciaries and investors seeking more business-friendly pastures.
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October 29, 2024
Ex-Development Director Asks 4th Circ. For Wage Ruling Redo
A former development director for a North Carolina city urged the Fourth Circuit to rethink its opinion affirming the city's win on her unpaid overtime claims, saying it's not clear from the record that she was classified as exempt under the Fair Labor Standards Act.
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October 28, 2024
Casinos End Dispute With Fla. Tribe, Agree To Partner
Several Florida casino operators have promised to end litigation against Seminole Tribe of Florida over an agreement with the state government allowing the tribe to receive online sports bets, instead agreeing to partner with the tribe to offer and promote gambling through an app, the tribe announced Monday.
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October 28, 2024
Where's The Beef? Subway Customer Sues Over Meaty Ads
Subway was hit with a putative class action Monday in New York federal court claiming ads for the popular chain's Steak & Cheese sandwich show the product with at least 200% more meat than the subs that are handed to customers.
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October 28, 2024
Investment Firm's Head Indicted For Alleged Ponzi Scheme
Federal prosecutors have unsealed an indictment accusing a Utah man of carrying out a Ponzi scheme to embezzle millions of dollars from private investors who believed they were contributing to restaurant ventures.
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October 28, 2024
Boston Pizzeria Owner Gets Over 8 Years In Forced Labor Row
A Massachusetts federal judge sentenced the owner of a Boston pizzeria to 8½ years in prison after a jury in June convicted him for using physical abuse and threats of violence and deportation to control hourly foreign workers who lacked work authorization.
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October 28, 2024
'Mutual Combat' Halts Revival Of Ga. Eatery Shooting Claims
The mutual combat doctrine dooms a premises liability claim a Georgia man filed against a property owner after he was shot outside an Atlanta-area Ethiopian restaurant by a convicted felon working security, the Georgia Court of Appeals ruled Monday.
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October 28, 2024
No COVID Property Tax Break For Hotels, Wash. Court Told
Hotels in Washington state should not get property tax breaks for COVID-19 because the pandemic was not a natural disaster that allows relief, the assessor of the state's most populous county told a state court.
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October 28, 2024
Hotel Guests Ask 3rd Circ. To Look At Algorithm Price-Fix Suit
Three Atlantic City guests are taking their beef with hotel-casinos to the Third Circuit after a New Jersey federal court threw out their lawsuit that accused hotel owners in the town of using an algorithm to inflate the price of rooms.
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October 25, 2024
Seminole Tribe Looks To Dismiss Gaming Ad Suit
The Seminole Tribe of Florida asked a Florida federal court to dismiss a proposed class suit claiming ads from the tribe's gaming vendor are misleading, arguing that the suit cannot continue without the tribe as a party, but the tribe cannot be added as a party because of sovereign immunity.
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October 25, 2024
Off The Bench: Toss-Up For Ohtani Ball, UFC Fighters' Payday
In this week's Off The Bench, the three claimants to a historic baseball now know how much is at stake for the winner, a long fight against wage suppression for mixed martial arts fighters is a step closer to ending, and WNBA players want a bigger piece of a growing revenue pie.
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October 25, 2024
'Starting Point' Algorithm Enough To Fix Prices, DOJ Says
The Justice Department is using the first algorithmic price-fixing case to reach an appeals court to argue that just because an algorithm only set "starting points" doesn't make its use legal, in a Ninth Circuit amicus brief backing efforts to revive a room rate lawsuit against Las Vegas casino hotels.
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October 25, 2024
EEOC Says Restaurant Allowed Misgendering Of Trans Worker
A Michigan fast food franchisee failed to stop workers from misgendering a transgender employee and fired several people who spoke up against the harassment, the U.S. Equal Employment Opportunity Commission said in a suit filed Friday.
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October 24, 2024
McDonald's Customers File First Suits Over E. Coli Outbreak
A Colorado man and Nebraska woman have lodged the first lawsuits against McDonald's Corp. in the wake of the E. coli outbreak tied to its Quarter Pounder hamburgers, according to a pair of complaints filed in Illinois state court on Wednesday and Thursday.
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October 24, 2024
NYC Council Passes Bill Requiring Hotel Licenses
The New York City Council passed a bill Wednesday that requires hotel operators to be licensed with the government in order to do business in the city.
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October 24, 2024
Colo. Justices Hesitant To Extend Personhood To Elephants
Colorado Supreme Court justices appeared unlikely Thursday to grant habeas corpus rights to elephants in a zoo, repeatedly asking an animal rights group seeking to send the elephants to a sanctuary where the court should draw the line on personhood.
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October 24, 2024
Fenway Food Safety Czar Fired For Flagging Rats, Suit Says
A former Aramark food safety manager said in a suit filed Thursday that he was fired because he raised concerns about unsanitary conditions at Fenway Park, a Boston music hall, and the spring training ballpark of the Boston Red Sox.
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October 23, 2024
Co. Misleads Claimants About Visa Mastercard MDL, Attys Say
Class counsel for plaintiffs in long-running multidistrict litigation accusing Visa and Mastercard of charging improper merchant fees asked a New York federal judge to demand explanations from a third-party company over misleading statements it allegedly made regarding the claims-submission process for recovering settlement payments.
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October 23, 2024
'Where's The Puff?' Judge Asks In Little Caesars IP Battle
An Illinois federal judge asked Little Caesars Wednesday what was so puffy about its recent "Crazy Puffs" products, as a Chicago-based company that makes "Pizza Puffs" argued the chain is infringing trademarks it has held for nearly half a century.
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October 23, 2024
Firms Ask DC Court To Nix 'Retaliatory' Canadian Arbitrations
Two plaintiffs' law firms are urging a D.C. federal court to bar the operators of two allegedly illegal online casinos from pursuing "retaliatory" arbitrations in Canada against their clients, arguing they're trying to bully clients into submitting to a non-U.S. friendly arbitral institution.
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October 23, 2024
Hibachi Restaurant Reaches $500K Wage Deal With Workers
A New Jersey hibachi restaurant struck a $500,000 settlement with five former servers to resolve their lawsuit alleging the company did not pay them any wages and deducted money from their tips, which was their only source of income, according to a filing in federal court.
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October 23, 2024
Jersey Shore Attractions Sued For Pay Over Iconic Phrase
The woman whose voice has been played in a recording along a New Jersey shore town's boardwalk for over 45 years alleged in a revised state court complaint Wednesday she has never been paid more than few free tram car tickets despite it becoming an iconic slogan for the popular destination.
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October 23, 2024
AirAsia's Planned SPAC Merger Will Not Take Place
The parent company of Malaysian airline AirAsia on Wednesday called off its planned special purpose acquisition company merger that would have resulted in the business being publicly listed in the U.S., while also disclosing plans for a capital reduction to strengthen its financial position.
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October 22, 2024
Calif. Panel Says Panera Must Face PAGA Claims
A California state appeals court on Monday reversed a state trial court's ruling compelling a Panera restaurant employee to arbitrate Private Attorneys General Act claims against the bakery and café chain, saying an arbitration agreement the worker had entered explicitly excluded PAGA claims.
Expert Analysis
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Corporate Insurance Considerations For Trafficking Claims
With the surge in litigation over liability under the Trafficking Victims Protection Reauthorization Act, corporate risk managers and in-house counsel need to ensure that appropriate insurance coverage is in place to provide for defense and indemnity against this liability, says Micah Skidmore at Haynes Boone.
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Exploring An Alternative Model Of Litigation Finance
A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.
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Del. Dispatch: Chancery's Evolving Approach To Caremark
Though Caremark claims are historically the least likely corporate claims to lead to liability, such cases have been met in recent years with increased judicial receptivity — but the Delaware Court of Chancery still expressly discourages the reflexive filing of Caremark claims following corporate mishaps, say attorneys at Fried Frank.
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Leveraging Insurance Amid Microplastics Concerns
A pending microplastics lawsuit — New York v. PepsiCo Inc. — may be a harbinger of what is to come for companies whose products are exposed to the environment, so any company considering how to address microplastics liability should include a careful assessment of the potential for insurance coverage in its due diligence, say attorneys at Haynes Boone.
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Series
Teaching Yoga Makes Me A Better Lawyer
Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.
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A Vision For Economic Clerkships In The Legal System
As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.
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4 Sectors Will Likely Bear Initial Brunt Of FTC 'Junk Fees' Rule
If the Federal Trade Commission adopts its comprehensive proposed rule to ban unfair or deceptive fees across the U.S. economy, many businesses — including those in the lodging, event ticketing, dining and transportation sectors — will need to reexamine the way they market and price their products and services, say attorneys at Skadden.
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E-Discovery Quarterly: Recent Rulings On Text Message Data
Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.
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Is The Digital Accessibility Storm Almost Over?
Though private businesses have faced a decadelong deluge of digital accessibility complaints in the absence of clear regulations or uniformity among the courts, attorneys at Epstein Becker address how recent federal courts’ pushback against serial Americans with Disabilities Act plaintiffs and the U.S. Department of Justice’s proposed government accessibility standards may presage a break in the downpour.
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Series
Swimming Makes Me A Better Lawyer
Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.
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Breaking Down 4th Circ. Pendent Appellate Jurisdiction Ruling
As illustrated by the Fourth Circuit's recent decision in Elegant Massage v. State Farm, denying class certification and granting a motion to dismiss, federal appellate courts continue to struggle with defining the scope of pendent appellate jurisdiction — or jurisdiction over nonfinal orders below, says Joan Steinman at the Chicago-Kent College of Law.
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Setting Goals For Kicking Corruption Off FIFA World Cup Field
The unprecedented tri-country nature of the 2026 men's World Cup will add to the complexity of an already complicated event, but best practices can help businesses stay on the right side of anti-corruption rules during this historic competition, say Sandra Moser and Emily Ahdieh at Morgan Lewis.
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
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Data Shows H-2B Wages May Be Skewed High By Sample Size
Occupational Wage and Employment Statistics wage data from April illustrates that smaller sample sizes from less populated areas may be skewing prevailing wages for H-2B visas artificially high, potentially harming businesses that rely on the visa program, says Stephen Bronars at Edgeworth Economics.
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Series
Walking With My Dog Makes Me A Better Lawyer
Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.