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Hospitality
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December 03, 2024
Timeshare Co. Argues Jury Never Should've Seen Fraud Suit
A company selling timeshares in Atlantic City, New Jersey, told a state appeals court Tuesday that a consumer fraud suit never should have reached a jury, arguing that an evidence rule bars the claims.
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December 02, 2024
McDonalds Can't Nix $10B Bias Suit Despite 'Close Call'
A California federal judge has refused to hand a summary judgment win to either party in Byron Allen's $10 billion lawsuit alleging that McDonald's Corp. discriminates against Black-owned media companies, finding that the discrimination allegations are a "close call" involving factual disputes that must be decided at trial.
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December 02, 2024
FIFA Says Saudi Arabia A Promising World Cup Host
FIFA has released a report saying Saudi Arabia's bid to host the men's 2034 World Cup is a "very strong" proposition with only "medium" human rights risks, moving the Middle Eastern country and single bidder closer to becoming the designee.
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December 02, 2024
Ark. Governor Wants Out Of Cherokee Casino License Row
Arkansas Gov. Sarah Huckabee Sanders is asking a federal district court to be removed as a defendant and for an overall dismissal of a challenge to a state amendment that revoked a Cherokee Nation business' casino license, arguing the Oklahoma tribe doesn't have any property interest in the case.
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November 27, 2024
Ex-Disney Cruise Line Employee's Claim Sent To London
A Florida federal judge has ordered a former Disney Cruise Line employee to arbitrate in London his claim that the company wrongly fired him after he twice tested positive for marijuana, disagreeing with the man that Disney had waited too long to file its bid for arbitration.
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November 27, 2024
Biden Administration Adds 65K Additional H-2B Work Visas
The Biden administration announced Wednesday that it has created a temporary rule to add 64,716 additional temporary H-2B work visas for the third year in a row to be doled out to businesses struggling with staffing issues.
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November 27, 2024
Burger King Franchisee Can Tap AIG For BIPA Suit, Eventually
An Illinois federal judge ruled Tuesday that an AIG subsidiary has a duty to defend a Burger King franchisee in a suit brought by employees claiming its timekeeping practices violated Illinois' biometric privacy law, but only after the limits of all other insurance have been exhausted.
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November 26, 2024
Ukrainian Man Admits To $25M Staffing, Tax Scheme
A Ukrainian man who was recently extradited to the U.S. to face charges that he helped illegally employ immigrants in Florida hotels pled guilty to tax crimes that prosecutors say caused $25 million in tax losses, according to Florida federal court filings.
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November 26, 2024
Surgeon Acquitted Of Wire Fraud In Case Over $60M Fla. Hotel
A Florida federal jury has acquitted a Colombian surgeon of wire fraud conspiracy following a trial over the government's allegations that he defrauded investors through a Ponzi-like scheme involving a $60 million luxury hotel project in one of Miami-Dade County's high-end neighborhoods.
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November 25, 2024
Judge Bemoans 'Chaotic' Contracts In Jack Nicklaus IP Case
The New York state judge presiding over golf legend Jack Nicklaus' intellectual property lawsuit on Monday signaled he may not be able to untangle a set of contradictory contracts, which could lead to a trial over who can use the "Golden Bear's" name and likeness.
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November 25, 2024
9th Circ. Upholds Nixing Convention Center's Coverage Suit
The Ninth Circuit backed the dismissal of a Seattle convention center operator's suit seeking coverage for pandemic-related losses, saying Monday that COVID-19 and resulting government shutdown orders did not cause the requisite physical loss or damage to the center to trigger coverage.
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November 25, 2024
Topgolf Cuts Deal To Settle Server's Wage Suit
Topgolf agreed to pay about $13,000 to settle a former food service worker's suit in Alabama federal court claiming it failed to pay her the full minimum wage for non-tip-generating work.
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November 21, 2024
Cherokee Look To Block Voter Group In Casino Mandate Row
Two Cherokee Nation businesses suing Arkansas over a constitutional amendment revoking one of the tribal entities' casino gambling licenses want a federal judge to deny a bid to intervene in their suit by the group responsible for placing a ballot question before voters that repealed the license.
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November 21, 2024
9th Circ. Told $500K To Huizar Not Intended As Bribe
A real estate developer convicted of bribing former Los Angeles City Councilor José Huizar with $500,000 for help overcoming challenges to a downtown project asked the Ninth Circuit for a new trial, arguing Thursday the lower court erroneously excluded evidence showing the developer didn't know the money would be used as a bribe.
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November 21, 2024
Oklahoma Tribe Asks DC Circ. To Revive Creek Land Lawsuit
An Oklahoma tribe is asking the D.C. Court of Appeals to revive its challenge to a U.S. Department of the Interior decision that rejected the tribe's proposed liquor ordinance in a dispute over shared jurisdiction with the Muscogee Creek Nation, arguing federally recognized Indigenous nations should stand on equal footing.
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November 21, 2024
In Tight Vote, Senate Panel OKs Bill To Set New PTAB Limits
The Senate Judiciary Committee on Thursday narrowly voted to advance a bill that would impose new restrictions on Patent Trial and Appeal Board challenges, with several members expressing concern that it could drive up the cost of prescription drugs.
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November 21, 2024
EzCater Fostered Discriminatory Workplace, Ex-Workers Say
Four former employees of Boston-based ezCater are suing the online catering service, alleging that it engaged in discrimination based on their gender, race and pregnancy, then retaliated when they complained.
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November 20, 2024
Musk, Ramaswamy Say High Court Rulings OK Federal Cuts
Billionaire Elon Musk and former presidential candidate Vivek Ramaswamy, President-elect Donald Trump's picks to lead a newly created "Department of Government Efficiency," on Wednesday said two recent U.S. Supreme Court rulings will give them the authority to cut off power to regulatory agencies and conduct massive federal layoffs.
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November 20, 2024
Canadian Court Revives Award In $7M Coffee Franchise Fight
An appeals court in Ontario has revived a CA$10 million ($7.1 million) arbitral award issued in a franchising dispute stemming from the expansion of an Israeli coffee bar chain into Canada, rejecting a lower court's conclusion that the arbitrator had breached his duty of disclosure.
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November 20, 2024
NC Judge Trims Suit Against Investor Over Fla. Restaurant
A North Carolina state court judge has trimmed a lawsuit that a restaurateur brought against an investor over funding of a restaurant in the heart of Miami Beach, dismissing claims of breach of settlement agreement, fraudulent inducement and deceptive trade practices but declining to toss the complaint altogether.
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November 20, 2024
Texas Court Tosses $800K Verdict In Bar Shooting Suit
A Texas appeals court has thrown out a jury's $816,000 verdict in a suit blaming a bar for serving alcohol to an underage man who later shot two patrons multiple times, saying there was insufficient evidence that the attack was foreseeable.
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November 20, 2024
TGI Fridays Gets OK On Bid Process As It Seeks Out Buyers
A Texas bankruptcy judge on Wednesday approved TGI Fridays' procedures for contacting and selecting prospective buyers for its assets after the struggling restaurant chain said it was in discussions with at least 21 potential bidders.
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November 19, 2024
Pennsylvania Justices Doubt Gaming Board's Morality Calls
An attorney for Pennsylvania's Gaming Control Board struggled to convince the state Supreme Court on Tuesday that an application for a license to operate video game terminals should be denied because the applicants were involved in the skill games business, which the board views as unsavory.
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November 19, 2024
Detroit Casino Must Face Narrowed COVID Vax Bias Suit
A Michigan federal judge refused to toss a religious bias suit from a worker who said the MGM Grand Detroit fired him for refusing to get a COVID-19 vaccination, ruling a jury should decide whether the casino could have accommodated his beliefs by letting him skip the jab.
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November 18, 2024
5th Circ. Indicates DOT Airline Fees Rule May Need Reworking
A pair of Fifth Circuit judges signaled Monday that the U.S. Department of Transportation may have to rework its rule requiring airlines to more clearly disclose add-on fees upfront, suggesting that it might be too costly for airlines to comply with the mandate and consumers would be overloaded with information.
Expert Analysis
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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.
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The Secret Sauce For Trademarking Viral Food Products
Three recent high-profile trademark disputes in the food industry illustrate the importance of protecting brands early — especially for any company aiming for viral fame — and underscore the value of intent-to-use applications, say Elliot Gee and Matthew Dowd at Dowd Scheffel.
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Key Issues Raised By Colorado's Brain Data Privacy Bill
Colorado recently became the first state to provide consumer privacy protections for data generated from a person's brain waves, and despite the bill’s ambiguity and open questions introduced, the new law has helped turn the spotlight on neurodata, says Sara Pullen Guercio at Alston & Bird.
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.
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Class Actions At The Circuit Courts: April Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses three notable circuit court decisions on topics from the Class Action Fairness Act to consumer fraud — and provides key takeaways for counsel on issues including CAFA’s local controversy exception and Article III standing to seek injunctive relief.
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Series
Being An Equestrian Makes Me A Better Lawyer
Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.
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Risks Of Rejecting Hotel Mgmt. Agreements Via Bankruptcy
In recent years, hotel owners have paid a high price when they attempted to use bankruptcy proceedings to prematurely terminate their hotel management agreements, highlighting that other options may be preferable, say attorneys at Jenner & Block.
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Series
Whitewater Kayaking Makes Me A Better Lawyer
Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.
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This Earth Day, Consider How Your Firm Can Go Greener
As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.
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Weisselberg's Perjury At Trial Spotlights Atty Ethics Issues
Former Trump Organization executive Allen Weisselberg’s recent guilty plea for perjury in the New York attorney general's civil fraud trial should serve as a reminder to attorneys of their ethical duties when they know a client has lied or plans to lie in court, and the potential penalties for not fulfilling those obligations, say Hilary Gerzhoy and Julienne Pasichow at HWG.