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Hospitality
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June 21, 2024
No Coverage For La Quinta Sex Assault Claims, Insurer Says
The insurer of a La Quinta Inn & Suites location told a Texas federal court it owes no defense or indemnity in an underlying state court lawsuit alleging the hotel negligently failed to prevent the sexual assault of a minor on its property.
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June 21, 2024
Off The Bench: ACC-FSU Rematch, Supreme Win For Fla. Tribe
In this week's Off The Bench, the next round of venue tug-of-war begins between the Atlantic Coast Conference and Florida State University, the U.S. Supreme Court hands Florida and the Seminole Tribe a lucrative gaming win, and Roger Goodell and Jerry Jones defend the NFL's handling of its Sunday Ticket package.
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June 21, 2024
Kona Ice Nabs $533K In Toppings Dispenser Patent Trial
A Florida federal jury has come to the conclusion that a small shaved ice franchise from Boca Raton owes the Kona Ice brand a little over half a million dollars for infringing a patent covering a "liquid toppings dispensing system."
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June 21, 2024
11th Circ. Rules Hotel Operator Liable For Wages As Employer
A hotel operator exercised enough control over a front desk worker to be his employer and is therefore liable for minimum wage and overtime, the Eleventh Circuit ruled, also noting that a lower court erred in calculating the damages.
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June 21, 2024
Pa. Justices Will Weigh If 'Skill Games' Are Slot Machines
The Supreme Court of Pennsylvania will take up a case and decide whether the "Pennsylvania Skill Games" that combine a chance-based game mode with a secondary memory game fall under the state's definition of "slot machines," potentially affecting many storefronts and bars where the game machines have proliferated.
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June 20, 2024
NFL Sunday Ticket Is Procompetitive, Stanford Prof Tells Jury
A Stanford University professor of economics on Thursday told a California federal jury considering multibillion-dollar antitrust claims against the NFL that the league's subscription deal with DirecTV and its method for distributing broadcast proceeds evenly to all its teams are procompetitive practices.
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June 20, 2024
NLRB Attys, Calif. Tribe Settle Casino Subpoena Dispute
A California federal court dismissed on Thursday National Labor Relations Board prosecutors' bids to enforce subpoenas requesting a list of casino employees who could be in a proposed bargaining unit from a tribe and a gambling company, with agency attorneys saying the parties settled the dispute.
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June 20, 2024
Casinos Must Fight Hotel Tax In State Court, 5th Circ. Says
Owners of two Louisiana casinos with attached hotels must challenge Baton Rouge in state court, rather than federal court, over taxes the city says they owe on free hotel stays they gave patrons, the Fifth Circuit ruled, saying the state is entitled to deference.
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June 18, 2024
Ex-CBS Sports Chair Denies Fixing NFL Sunday Ticket Price
The recently retired chairman of CBS Sports on Tuesday told a California federal jury considering multibillion-dollar antitrust claims against the NFL that his network didn't collude with the league to fix the price of the DirecTV Sunday Ticket television package.
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June 18, 2024
Starbucks Among Eateries Facing IP Suits Over Ordering Tech
Starbucks, Denny's and three other restaurants are the latest to face a patent-licensing company's lawsuits in Texas for allegedly infringing a patent that lets customers place mobile orders on an app or website using a real-time menu that can make personalized suggestions.
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June 18, 2024
Lender Sues To Recoup $1M From Renowned Boston Chef
A small Massachusetts bank is taking an award-winning Boston chef and restaurateur to court in an effort to recover more than $1 million in loans intended to start what turned out to be a short-lived eatery just outside the city in 2023.
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June 18, 2024
Korean Airline Can't Get $50M Catering Award Nixed
A California judge has enforced a $50 million arbitral award issued to a catering company following a dispute with South Korea's Asiana Airlines, rejecting an argument that the award couldn't be enforced because the underlying contract was tainted by corruption.
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June 17, 2024
NFL Commish Goodell Takes Stand To Deny TV Price Controls
NFL Commissioner Roger Goodell testified Monday in front of a California federal jury considering multibillion-dollar antitrust claims against the league that the NFL does not control the price of DirecTV's Sunday Ticket with any secret deals, insisting instead that the broadcast strategy is shouted "from the mountaintops."
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June 17, 2024
Disney Cruise Says Ex-Worker Must Arbitrate In London
Disney Cruise Lines has told a Florida federal court that a Honduran ex-employee who was fired for twice testing positive for marijuana must arbitrate his wrongful termination claim in London.
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June 17, 2024
Bouncer Admits To Promoting Prostitution After $5.7M Sting
A 41-year-old bouncer at a Connecticut strip club pled guilty Monday to facilitating prostitution and received a promise from the prosecution to recommend a reduced sentence as authorities press separate cases against a club boss who allegedly hid $5.7 million in income without reporting it to the Internal Revenue Service.
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June 17, 2024
Insurers Ask 6th Circ. To Undo $13.3M Murder Coverage Loss
Two Liberty Mutual units said their insurers must reimburse them for a $13.3 million judgment stemming from a murder in a Florida motel, urging the Sixth Circuit on Monday to toss a lower court's ruling that a demand letter in the underlying suit didn't constitute a claim for bad faith.
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June 17, 2024
High Court Won't Hear Florida Gaming Compact Dispute
The U.S. Supreme Court declined Monday to take up two casino operators' petition to overturn a sports gaming compact between the state of Florida and the Seminole Tribe that allows for online betting off tribal lands.
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June 14, 2024
Blistering Dissents Belie Justices' Penchant For Consensus
Thirteen days into June, the U.S. Supreme Court had recorded one of the highest rates of unanimous decisions in the past four decades. But the era of historic consensus was tarnished a bit Friday when the court issued three split decisions and two scathing dissents highlighting how much the nine justices differ.
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June 14, 2024
Colo. Town Says It Took Resort Co.'s Land To Protect Sheep
A Colorado town has told a state appeals court it was justified in condemning and taking over local land that was owned by The Vail Corp. because the town needed to preserve wildlife space for a bighorn sheep herd.
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June 14, 2024
Insurer Seeks Quick Exit In Casino $130M COVID Loss Suit
The insurer of a casino operator with properties on the Las Vegas strip and beyond told a Nevada federal judge to toss a $130 million COVID-19 pandemic loss coverage suit, arguing it had already paid $1 million — the only benefits due under the all-risk policy.
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June 14, 2024
DOJ Can't Force Retroactive FARA Registration, DC Circ. Says
The U.S. Department of Justice can't force casino magnate Steve Wynn to retroactively register as a foreign agent because his alleged lobbying efforts on behalf of China ended years ago, a D.C. Circuit panel ruled Friday.
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June 14, 2024
Off The Bench: Ex-Players Claim NIL, Loss For Trans Swimmer
In this week's Off The Bench, the 1983 men's college basketball champions want a piece of the loot the NCAA made off of their names, swimmer Lia Thomas loses in her bid to overturn an international trans athlete ban, and the House gets a bill through committee that would keep college athletes from becoming employees.
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June 14, 2024
Burford Bound To Sysco And Pilgrim's Unsigned Chicken Deal
An Illinois federal judge on Friday rejected a Burford subsidiary's bid to block a global protein price-fixing settlement that Pilgrim's Pride and Sysco memorialized through email but never signed on paper, saying it's clear the parties reached a material agreement.
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June 14, 2024
No Retroactive Fix For US Trustee Fee Dispute, Justices Say
The U.S. Supreme Court sided with the U.S. Trustee's Office on Friday in finding that an amended fee structure implemented before a 2022 ruling that struck down a nonuniform system of payments was all that was needed to resolve the disparate treatment of debtors under the unconstitutional law.
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June 13, 2024
DirecTV's 'NFL Tax' Gouged Sunday Ticket Buyers, Jury Told
DirecTV gouged its Sunday Ticket subscribers by charging 24.6% above the "optimal price" it should have charged if the company was looking to maximize its profits instead of instituting an "NFL tax," an economist told a California federal jury considering multibillion-dollar antitrust claims against the league on Thursday.
Expert Analysis
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Series
ESG Around The World: Australia
Clive Cachia and Cathy Ma at K&L Gates detail ESG-reporting policies in Australia and explain how the country is starting to introduce mandatory requirements as ESG performance is increasingly seen as a key investment and corporate differentiator in the fight for global capital.
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Twitter Legal Fees Suit Offers Crash Course In Billing Ethics
X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.
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ABA's Money-Laundering Resolution Is A Balancing Act
While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.
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A Festival Of Litigation Could Arise From 'Electric Zoo' Fiasco
Over Labor Day weekend, thousands of electronic dance music fans were displeased with the organization of the New York City-based Electric Zoo festival, which quickly elicited comparisons to the 2017 Fyre Festival — and three kinds of litigation could ensue from the debacle, say attorneys at Seiden Law.
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Law Firm Professional Development Steps To Thrive In AI Era
As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.
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What Upholding Of Short-Term Rental Law Means For NYC
A New York state judge's dismissal of Airbnb's challenge against the Short-Term Rental Registration Law will benefit the city's hospitality industry and exert downward pressure on apartment rents, and potentially provide a model for other local governments around the U.S. to curb short-term apartment rentals, says Alexander Lycoyannis at Holland & Knight.
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The Basics Of Being A Knowledge Management Attorney
Excerpt from Practical Guidance
Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.
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The 7 Most Notable FCRA Cases Of 2023 So Far
Both consumer reporting agencies and furnishers should take note of Fair Credit Reporting Act decisions by federal district and appellate courts so far this year, especially those concerning dispute processing and the distinction between legal and factual inaccuracies, say attorneys at Troutman Pepper.
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To Hire And Keep Top Talent, Think Beyond Compensation
Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.
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Perspectives
More States Should Join Effort To Close Legal Services Gap
Colorado is the most recent state to allow other types of legal providers, not just attorneys, to offer specific services in certain circumstances — and more states should rethink the century-old assumptions that shape our current regulatory rules, say Natalie Anne Knowlton and Janet Drobinske at the University of Denver.
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Identifying Trends And Tips In Litigation Financing Disclosure
Growing interest and controversy in litigation financing raise several salient concerns, but exploring recent compelled disclosure trends from courts around the country can help practitioners further their clients' interests, say Sean Callagy and Samuel Sokolsky at Arnold & Porter.
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Series
The Pop Culture Docket: Judge Elrod On 'Jury Duty'
Though the mockumentary series “Jury Duty” features purposely outrageous characters, it offers a solemn lesson about the simple but brilliant design of the right to trial by jury, with an unwitting protagonist who even John Adams may have welcomed as an impartial foreperson, says Fifth Circuit Judge Jennifer Elrod.
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Upcoming High Court ADA Cases May Signal Return To Basics
Recent cases, including Acheson Hotels v. Laufer, which will be heard by the U.S. Supreme Court in October, raise a fundamental question of whether Americans with Disabilities Act litigation has spiraled out of control without any real corresponding benefits to the intended beneficiaries: individuals with true disabilities, says Norman Dupont at Ring Bender.
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4 Business-Building Strategies For Introvert Attorneys
Excerpt from Practical Guidance
Introverted lawyers can build client bases to rival their extroverted peers’ by adapting time-tested strategies for business development that can work for any personality — such as claiming a niche, networking for maximum impact, drawing on existing contacts and more, says Ronald Levine at Herrick Feinstein.
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Opinion
3 Ways Justices' Disclosure Defenses Miss The Ethical Point
The rule-bound interpretation of financial disclosures preferred by U.S. Supreme Court Justices Samuel Alito and Clarence Thomas — demonstrated in their respective statements defending their failure to disclose gifts from billionaires — show that they do not understand the ethical aspects of the public's concern, says Jim Moliterno at the Washington and Lee University School of Law.