Hospitality

  • February 14, 2024

    McDonald's In US Lack Adequate Lactation Spaces, Suit Says

    McDonald's employees from Kansas and New York filed a collective action in Illinois federal court Wednesday alleging the fast-food giant, which has more than 13,000 U.S. locations, and its franchisees failed to provide reasonable lactation accommodations to nursing mothers in restaurants nationwide, forcing them to pump in unsanitary spaces.

  • February 14, 2024

    Chancery Flipped SeaWorld Stock Claims, Ex-Execs Tell Court

    A Chancery Court judge "got it backwards" when he concluded that 19 former executives of SeaWorld Entertainment Inc. weren't entitled to vesting rights in connection with a 2017 stock sale, because he read the executives' separation and equity agreements out of order, an attorney for the executives told Delaware's Supreme Court on Wednesday.

  • February 14, 2024

    BCLP Can Fight Atlanta Firm's Fee Garnishing Request

    Bryan Cave Leighton Paisner LLP can now appeal a trial court's ruling ordering the firm to return just over $125,000 in connection to a dispute between an Atlanta attorney and an airport travel spa operator, a Georgia state appellate court ruled Wednesday.

  • February 14, 2024

    TMZ Ordered To Pay $300K In Atty Fees Over Bus Tour Case

    A California federal judge on Monday ordered TMZ to reimburse a Hollywood bus tour operator almost $300,000 in attorney fees after the operator convinced the court to vacate an arbitration award favoring the celebrity news provider based on an arbitrator's failure to disclose relevant information.

  • February 14, 2024

    Navajo Say Hopi Tribe Bid To Join Land Trust Suit Is Untimely

    The Navajo Nation has said the Hopi Tribe's attempt to intervene in its lawsuit against the U.S. government over a land trust and casino road easement dispute is untimely, coming after nearly four years of litigation.

  • February 14, 2024

    Insurer Wants Out Of Covering SC Club Shooting

    A Nationwide unit has told a South Carolina federal court it doesn't have to defend a nightclub operator against a former patron's negligence suit, arguing that an assault and battery exclusion in its liquor liability policy bars coverage for the claimant's shooting-related injuries.

  • February 14, 2024

    Hospitality Cos. Seek To Sink Trafficking Survivor's Suit

    Choice Hotels International Inc., Wyndham Hotels & Resorts Inc. and other hotel companies are urging an Ohio federal judge to end a suit from a sex trafficking survivor alleging they allowed crimes against her to continue, with Choice Hotels eyeing dismissal and the other defendants seeking early wins.

  • February 13, 2024

    Hilton And Franchisee Defeat NC Sex Trafficking Suit

    A North Carolina federal judge on Tuesday threw out a suit by an anonymous accuser who says she was the victim of sex trafficking at a Hampton Inn, finding she did not allege in her complaint any wrongdoing under the Trafficking Victims Protection Reauthorization Act by the hotel's franchisee and its Hilton franchisor.

  • February 13, 2024

    Wyndham Gets Default Win In Timeshare Exit Suit

    A Florida federal judge has granted Wyndham Vacation Ownership Inc. a default victory in its lawsuit accusing multiple companies of levying unnecessary fees to help customers exit their timeshares, after adopting a magistrate's report and recommendation when one company failed to respond.

  • February 13, 2024

    Insurer Can't Toss Claims As Sanctions In Hotel Fire Suit

    A Colorado federal judge has rejected an insurer's request to toss a construction contractor's counterclaims as sanctions for discovery failures in a dispute over a $3 million hotel fire, with the judge finding no problems with a magistrate judge's decision to instead award attorney fees and costs.

  • February 13, 2024

    Fla. Casinos Ask Justices To Undo Seminole Gaming Compact

    Two Florida casino operators are asking the Supreme Court to reverse a lower federal court's decision that said a compact allowing online sports betting off tribal lands between the Sunshine State and the Seminole Tribe is lawful, arguing that the outcome of the case could set a nationwide precedent as an end-run around state and federal limitations in the Indian Gaming Regulatory Act.

  • February 13, 2024

    Restaurants Trying To Derail Chicken Deals, 7th Circ. Told

    Direct broiler chicken purchasers who've inked nearly $285 million in price-fixing settlements blasted Boston Market and other restaurants' attempts to stop an $8 million deal from Simmons Foods, telling the Seventh Circuit the companies are trying to illegally unwind a strategic mistake. 

  • February 13, 2024

    Colo. Justice Says Something 'Wrong' With Ski Lift Waivers

    A Colorado Supreme Court justice appeared unsettled on Monday by a ski resort's argument that it could free itself from most liability by requiring guests to sign waivers before riding a ski lift, saying the industry seems to be subverting the will of state lawmakers.

  • February 13, 2024

    Hotel Rental Co. Hid Litigation And Failed Deal, Suit Says

    Real estate company LuxUrban Hotels has been hit with a proposed class action alleging it lied about a 25-year deal with the Royalton Hotel in New York and multiple lawsuits over unpaid rent, which it says caused shares to decline after a short-seller report disclosed the issues.

  • February 13, 2024

    Starbucks Made Statements With Actual Malice, Union Says

    Workers United accused Starbucks of posting statements with actual malice that relate to the union's now-deleted tweet saying "Solidarity with Palestine," telling a Pennsylvania federal court that the coffee chain implied that the union "committed a felony."

  • February 13, 2024

    NY Court Refuses To Toss E. Coli Suit Against Salad Chain

    A New York appellate panel on Tuesday refused to toss a suit seeking to hold Chopt Creative Salad Co. LLC liable for a woman's E. coli food poisoning, allegedly due to eating contaminated spinach in a sandwich, saying that she had shown sufficient testimony and tests to go to trial.

  • February 13, 2024

    ESPN Bet To Launch In NY After Sports Betting Licenses Deal

    Penn Entertainment Inc. revealed Tuesday that it is acquiring New York mobile sports wagering licenses from Kirkland & Ellis LLP-advised Wynn Interactive Holdings for $25 million, allowing the entertainment giant to launch ESPN Bet in the state.

  • February 13, 2024

    Ex-DraftKings Exec's Attys Seek $310K For Court Pingpong

    Lawyers for a former DraftKings Inc. executive who recently defected to rival Fanatics are seeking more than $310,000 in attorney fees, arguing the amount is reasonable and would cover their work for two "objectively unreasonable" removals of the case to federal court by DraftKings, behavior they called "disturbing litigation conduct."

  • February 13, 2024

    Catching Up With Delaware's Chancery Court

    A pizza chain, an energy company, a medical-device maker and a Manila casino were all hit with book-and-record demands last week in Delaware's Court of Chancery. A shoe company also walked away from a shareholder suit, two cryptocurrency companies tallied the costs of a broken merger, and three cigarette giants argued over Florida settlement payments.

  • February 13, 2024

    Insurer Says Fire Co. Owes $3.7M For Hotel Water Damage

    A fire protection and security services company must pay more than $3.7 million for water damage at an Ohio hotel, a Liberty Mutual unit told an Ohio federal court, arguing that the damage was caused by the company's negligence in maintaining a fire sprinkler system.

  • February 12, 2024

    Justices Asked To Ignore 'Unremarkable' McDonald's Ruling

    Former McDonald's workers urged the U.S. Supreme Court not to review the hamburger chain's appeal of a Seventh Circuit ruling reviving a proposed class action targeting the company's since-discontinued franchise agreement's no-poach provisions.

  • February 12, 2024

    Activists Ask Justices To Reverse Calif. Tribal Casino Approval

    An anti-casino advocacy group has asked the U.S. Supreme Court to review a Ninth Circuit decision that upholds the dismissal of its suit, claiming the federal government erred when finding that the Ione Band of Miwok Indians is eligible to open a casino in California.

  • February 12, 2024

    Judge Amends Camp Operator's $1M Surety Bond Order

    A federal district judge has agreed to modify a Montana campground operator's $1 million surety bond stay order pending an appeal to the Ninth Circuit, saying the company's proposed substitution of its projected net income for 2024 raises questions about its reported principal income.

  • February 12, 2024

    Customer Can Sue Closed Bowling Alley For Slip-And-Fall

    A Michigan appeals court won't spare the former operator of a Detroit-area bowling alley from a man's slip-and-fall lawsuit, saying she missed her opportunity to shutter her companies in such a way as to shorten the window when civil liability claims could be filed.

  • February 09, 2024

    2 Women Get $24.5M Award In Philly Motel Trafficking Claims

    An arbitrator has awarded $24.5 million to two women forced into prostitution as teenagers at the Philadelphia motel where they were subject to human trafficking, their lawyers said Friday, which the motel's owner will have to pay.

Expert Analysis

  • Employment-Related Litigation Risks Facing Hospitality Cos.

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    A close look at recent hospitality industry employment claims highlights key issues companies should keep an eye out for, and insurance policy considerations for managing risk related to wage and hour, privacy, and human trafficking claims, say Jan Larson and Huiyi Chen at Jenner & Block.

  • What Could Lie Ahead For Prop 22 After Calif. Appellate Ruling

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    On the heels of a California appeals court’s recent decision to uphold Proposition 22 — which allows gig companies to classify workers as independent contractors — an analysis of related rulings and legislation over the past five years should provide context for the next phase of this battle, says Rex Berry at Signature Resolution.

  • How Bank Turmoil Is Affecting Real Estate Purchases, Sales

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    The new uncertainty in the availability of financing from bank lenders that were previously considered "money good," spurred by the bank crisis, has inserted a wrinkle in the commercial real estate market that alters some of the dynamics between a buyer and seller, says Simran Bindra at Thompson Coburn.

  • Don't Let Client Demands Erode Law Firm Autonomy

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    As clients increasingly impose requirements for attorney hiring and retention related to diversity and secondment, law firms must remember their ethical duties, as well as broader issues of lawyer development, culture and firm integrity, to maintain their independence while meaningfully responding to social changes, says Deborah Winokur at Cozen O'Connor.

  • Fla. Restaurants Need To Prep For Liquor License Changes

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    As Florida restaurant operators face potential legislative changes to special food service liquor licenses, applicants should take care to ensure that their local zoning office will be able to issue clearance based on square footage and the number of people served at one time, says Grace Yang at GrayRobinson.

  • Workers, Labor Take Center Stage At ABA Antitrust Meeting

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    The American Bar Association’s antitrust spring meeting had a heavy emphasis on upstream markets affecting employees and talent, and prosecutors sent a clear message that they view no-solicitation, no-poach and no-hire agreements as criminal violations, even in the face of several jury trial setbacks, say attorneys at Perkins Coie.

  • Opinion

    Federal Judge's Amici Invitation Is A Good Idea, With Caveats

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    An Arkansas federal judge’s recent order — inviting amicus briefs in every civil case before him — has merit, but its implementation may raise practical questions about the role of junior attorneys, economic considerations and other issues, says Lawrence Ebner at the Atlantic Legal Foundation.

  • Fox Ex-Producer Case Is A Lesson In Joint Representation

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    A former Fox News producer's allegations that the network's lawyers pressured her to give misleading testimony in Fox's defamation battle with Dominion Voting Systems should remind lawyers representing a nonparty witness that the rules of joint representation apply, says Jared Marx at HWG.

  • Opinion

    Stanford Law Protest Highlights Rise Of Incivility In Discourse

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    The recent Stanford Law School incident, where students disrupted a speech by U.S. Circuit Judge Kyle Duncan, should be a reminder to teach law students how to be effective advocates without endangering physical and mental health, says Nancy Rapoport at the University of Nevada.

  • Dispute Prevention Strategies To Halt Strife Before It Starts

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    With geopolitical turbulence presenting increased risks of business disputes amid court backlogs and ballooning costs, companies should consider building mechanisms for dispute prevention into newly established partnerships to constructively resolve conflicts before they do costly damage, say Ellen Waldman and Allen Waxman at the International Institute for Conflict Prevention and Resolution.

  • What The 3rd McD's Ruling Means For Claims Against Officers

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    The Delaware Chancery Court's third decision in the McDonald's stockholder litigation related to sexual harassment at the company indicates that plaintiff stockholders bringing Caremark claims against officers are not likely to be successful if the board acted properly, say attorneys at Fried Frank.

  • Practical Skills Young Attorneys Must Master To Be Happier

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    For young lawyers, finding happiness on the job — with its competitive nature and high expectations for billable hours — is complicated, but three skills can help them gain confidence, reduce stress and demonstrate their professional value in ways they never imagined, says career counselor Susan Smith Blakely.

  • What Calif. Employers Need To Know About Wage Theft

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    With the attention of the media, as well as California's state and local governments, now focused on wage theft, more Golden State employers face a dual threat of enforcement and negative publicity, so companies should take specific steps to make sure they don't find their name in the next story, say attorneys at Buchanan Ingersoll.

  • ABA Opinion Should Help Clarify Which Ethics Rules Apply

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    A recent American Bar Association opinion provides key guidance on interpreting ABA Model Rule 8.5's notoriously complex choice-of-law analysis — and should help lawyers authorized to practice in multiple jurisdictions determine which jurisdiction's ethics rules govern their conduct, say attorneys at HWG.

  • 4 Ways To Reboot Your Firm's Stalled Diversity Program

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    Law firms that have failed to see real progress despite years of diversity initiatives can move forward by committing to tackle four often-taboo obstacles that hinder diversity, equity and inclusion efforts, says Steph Maher at Jaffe.

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