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March 22, 2024
Ohio Board Upholds $2.2M Hotel Value Cut Due To COVID
The Ohio Board of Tax Appeals upheld a local tax board's decision to lower the value of a hotel property by $2.2 million, saying in an order Friday that the hotel proved COVID-19 led to a reduction in value.
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March 22, 2024
Chancery Denies Midcase Appeal In TripAdvisor Dispute
The Delaware judge who gave TripAdvisor Inc. the go-ahead to convert its corporate home to Nevada while upholding most of a shareholder lawsuit challenging the proposed move has refused to certify a midcase appeal of his ruling, despite what he called "disproportionate media attention" about companies fleeing Delaware.
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March 22, 2024
Del. Courts Examining 'Colonoscopy'-Like Bylaw Rules
Invasive advance-notice bylaws that some observers say make shareholder board nominations as intrusive as a "colonoscopy" are reviving old questions in Delaware courts about how far boards can go to protect themselves against shareholder activism.
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March 21, 2024
Burford, Sysco Get OK To Swap Bid In Price-Fixing Cases
An Illinois federal judge on Thursday agreed to allow an affiliate of legal investment firm Burford Capital to substitute for food giant Sysco in price-fixing litigation against broiler chicken producers, a ruling that comes a month after a Minnesota federal judge refused to allow the same Burford unit to substitute for Sysco in similar pork and beef price-fixing litigation.
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March 21, 2024
8th Circ. Backs Attys' Win In COVID Hotel Eviction Challenge
Two government attorneys did not violate the U.S. Constitution when they gave the green light to a Minnesota police department to forcibly remove a resident from a Super 8 motel in June 2020 amid a COVID-19 era eviction ban, the Eighth Circuit ruled in a precedential opinion Thursday, citing a "dearth of precedent."
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March 21, 2024
Chicago Restaurant Biz Sanctioned For Missing Discovery
A Cook County judge on Wednesday sanctioned the former management group behind celebrated Chicago eatery Maple & Ash and two associated entities for discovery violations, ordering them to pay attorney fees and costs spent seeking their compliance to information requests and warning that escalating penalties could be imposed if violations continue.
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March 21, 2024
Manhattan Pizzeria Owner Indicted On Wage Theft Charges
The owner and a manager of a well-known Manhattan pizzeria were indicted in New York state court Thursday on charges of stealing more than $30,000 in wages from seven employees.
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March 21, 2024
Pa. Justices Won't Review If 'Skill Games' Are Gambling
The Pennsylvania Supreme Court's decision not to hear an appeal from state officials contesting the legality of Pennsylvania Skill games, which are commonly found in bars and restaurants, lets stand a ruling that such games are not illegal gambling machines.
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March 21, 2024
Fla. High Court Won't Take Up Gambling Compact Challenge
The Florida Supreme Court refused Thursday to take up a challenge by two casino operators over the state's gambling pact with the Seminole Tribe, declaring the petition — which says the governor exceeded his authority in signing the pact — is the improper vehicle for assessing the constitutionality of the pact.
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March 20, 2024
7th Circ. Closes Door On Italian Hotel's Virus Coverage Bid
A luxury Italian hotel has no coverage for certain coronavirus-related losses, the Seventh Circuit affirmed on Wednesday, saying that the hotel's own filings contradicted its claim that it suffered a covered physical loss.
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March 20, 2024
Health And Safety Top Risk For Directors, Global Survey Says
Health and safety is the top risk for directors and officers worldwide, according to a survey published Wednesday, in a "surprise" result partly attributed to the lingering impact of the COVID-19 pandemic on businesses and increasing mental health considerations.
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March 20, 2024
How The Supreme Court Could Narrow Chevron
After hours of oral argument in a closely watched administrative law case, it appeared that some U.S. Supreme Court justices could be open to limiting the opportunities for lower courts to defer to federal agencies' legal interpretations in disputes over rulemaking — and legal experts said there are a number of ways they could do it.
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March 20, 2024
Law360 Announces The Members Of Its 2024 Editorial Boards
Law360 is pleased to announce the formation of its 2024 Editorial Advisory Boards.
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March 20, 2024
US Chamber's Litigation Funding Concerns Spur 2 State Laws
Amid concerns from the U.S. Chamber of Commerce about third-party litigation funding, including from potentially hostile foreign entities, state legislatures in Indiana and West Virginia have recently passed bills imposing restrictions on the practice.
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March 19, 2024
Bettors' Appeal Over Doped Derby Horse Heard By 6th Circ.
Bettors on the 2021 Kentucky Derby who did not bet on winner Medina Spirit can't claim negligence or damages in court, even though the horse was later disqualified for failing a drug test, an attorney for Churchill Downs told a Sixth Circuit panel on Tuesday.
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March 19, 2024
McDonald's Franchisee's Ch. 11 Plan Approved With Deal
A Pittsburgh McDonald's franchisee received court approval Tuesday for its Chapter 11 plan after also getting the nod on a $4.35 million settlement with a former employee who was sexually assaulted as a minor by her manager at one of the debtor's restaurants.
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March 19, 2024
Staffing Co. Owner Gets 4 Years For Hiring Untaxed Labor
The owner of a staffing company in Key West, Florida, that hired untaxed and unauthorized workers was sentenced by a Florida federal judge to four years in prison and ordered to pay $3.5 million in restitution to the U.S. government, according to court documents.
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March 18, 2024
Judge Trims ADA Claims From Disney Worker's Vaccine Suit
A Florida federal judge ruled Monday that a Disney employee fired for failing to comply with COVID-19 procedures cannot bring claims under the Americans with Disabilities Act because the law does not cover potential future disabilities, like the risk of infection from not being vaccinated.
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March 18, 2024
Feds, Tribes, Casinos Face Off Over Trust Land Request
The Interior Department, Detroit-area casinos and two tribes are urging the D.C. Circuit to reject the Sault Ste. Marie Tribe of Chippewa Indians' bid to compel the federal government to take land into trust for a casino venture several hundred miles away from its other trust lands on Michigan's Upper Peninsula.
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March 18, 2024
NC Judge Axes Wage Suit After Attys Flout Pretrial Deadlines
A North Carolina judge has cast out an employment dispute between a funeral home and its former president on the eve of trial after both sides neglected deadlines, saying he'll dismiss the case in its entirety with a chance to refile and "clean the slate."
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March 18, 2024
Marriott Must Face Suit For Booting Kidswear Wholesalers
Marriott International must face a suit by two clothing wholesalers who were kicked out of rooms at a Fairfield Inn just outside Boston for violating an undisclosed "non-solicitation" policy, a Massachusetts appellate court said Monday.
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March 18, 2024
Supreme Court Won't Review Dallas Strip Club Law
The U.S. Supreme Court on Monday declined to take up a case challenging a Dallas city ordinance requiring sexually oriented businesses to close during the early morning hours that was enacted in an attempt to reduce crime.
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March 18, 2024
Justices Won't Review McDonald's No-Poach Case
A proposed class action targeting McDonald's past use of no-poach provisions in its franchise agreements will move ahead after the Supreme Court on Monday turned down McDonald's petition to review a Seventh Circuit ruling reviving the case.
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March 15, 2024
Fla. Deal Might Let Illegal Gambling 'Proliferate,' Justices Told
A coalition of South Florida gambling opponents are urging the U.S. Supreme Court to reverse a lower court's determination that a sports betting compact between the Sunshine State and the Seminole Tribe is lawful, arguing that their business and property interests will be negatively affected by the "unprecedented statewide gambling expansion."
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March 15, 2024
Dram Shop Law Clarified By Fla. Justices' Negligence Ruling
The Florida Supreme Court's recent decision not to reinstate a nearly $31 million jury award against a bar that served alcohol to an underage person who later crashed into a pedestrian was the right call, experts said, and provided much needed clarity on the state's dram shop statute.
Expert Analysis
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What Associates Need To Know Before Switching Law Firms
Excerpt from Practical Guidance
The days of staying at the same firm for the duration of one's career are mostly a thing of the past as lateral moves by lawyers are commonplace, but there are several obstacles that associates should consider before making a move, say attorneys at HWG.
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A Case For Sharing Mediation Statements With Counterparties
In light of a potential growing mediation trend of only submitting statements to the mediator, litigants should think critically about the pros and cons of exchanging statements with opposing parties as it could boost the chances of reaching a settlement, says Arthur Eidelhoch at Eidelhoch Mediation.
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Calif. Independent Contractor Lessons From Grubhub Suit
California courts have been creating little in the way of clarity when it comes to the employment status of gig workers — and a recent federal court decision in Lawson v. Grubhub illustrates how status may change with the winds of litigation, offering four takeaways for businesses that rely on delivery drivers, say Esra Hudson and Marah Bragdon at Manatt.
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EB-5 Reform Continues To Weigh Heavily On Participants
Recent U.S. Citizenship and Immigration Services guidance helps clarify aspects of the 2022 EB-5 Reform and Integrity Act, which increased oversight of EB-5 regional centers, but does not end the industry's continuing state of uncertainty, says Robert Divine at Baker Donelson.
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3 Key Areas Where Fintech And Sports Gaming Intersect
Sports gaming operators cannot produce reliable and efficient products without the full participation and support of their fintech vendors and suppliers, so firms in both industries should follow developments and changing regulation in the arena, including state expansion of crypto-funded wagering and advancements in payment processing, say attorneys at Nelson Mullins.
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Preparing For Legal Scrutiny Of Data Retention Policies
Two recent cases involving Google and Meta should serve as a call to action for companies to ensure their data retention policies are updated and properly implemented to the degree of being able to withstand judicial scrutiny, especially as more data is generated by emerging technologies, say Jack Kallus and Labeed Choudhry at Kaufman Dolowich.
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Defending Against Fail-Safe Classes With Rule 23
The D.C. Circuit's recent decision in the case of White that there is no stand-alone rule against fail-safe classes deepens an existing circuit split — but defendants can still effectively attack fail-safe class definitions via different procedural arguments based in Rule 23, say Jeffrey Huberman and Andrew Soukup at Covington.
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Opinion
Attorneys Should Have An Ethical Duty To Advance DEI
National and state bar associations are encouraging attorneys to apply diversity, equity and inclusion practices in the legal profession and beyond, and these associations should take it one step further by formally recognizing ethical duties for attorneys to promote DEI, which could better the legal profession and society, says Elena Mitchell at Moore & Van Allen.
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Data-Driven Insights Are Key To Attracting Today's Clients
As law firm growth slows and competition for clients increases, modern firms must rely on robust data analytics to develop the sector-based expertise and industry insights that clients increasingly prioritize in relationships with counsel, says Lavinia Calvert at Intapp.
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Ghosting In BigLaw: Why Better Feedback Habits Are Needed
Not giving assignments or constructive criticism to junior associates can significantly affect their performance and hours, potentially leading them to leave the firm, but partners can prevent this by asking the right questions and creating a culture of feedback, says Rachel Patterson at Orrick.
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Rebuttal
Law Needs A Balance Between Humanism And Formalism
A recent Law360 guest article rightly questions the pretextual pseudo-originalism that permits ideology to masquerade as judicial philosophy, but the cure would kill the patient because directness, simplicity and humanness are achievable without renouncing form or sacrificing stare decisis, says Vanessa Kubota at the Arizona Court of Appeals.
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Short Message Data Challenges In E-Discovery
As short message platforms increasingly dominate work environments, lawyers face multiple programs, different communication styles and emoji in e-discovery, so they must consider new strategies to adapt their processes, says Cristin Traylor at Relativity.
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How Unions Could Stem Possible Wave Of Calif. PAGA Claims
Should the California Supreme Court hold in Adolph v. Uber that the nonindividual portions of Private Attorneys General Act claims survive even after individual claims go to arbitration, employers and unions could both leverage the holding in Oswald v. Murray to stifle the resurgence in representative suits, say attorneys at Greenberg Traurig.
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Opinion
Thomas Report Is Final Straw — High Court Needs Ethics Code
As a recent report on Justice Clarence Thomas' ongoing conflicts of interest makes evident, Supreme Court justices should be subject to an enforceable and binding code of ethics — like all other federal judges — to maintain the credibility of the institution, says Erica Salmon Byrne at Ethisphere.
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Mich. Statute Of Limitations Cases Carry Nationwide Impacts
The outcomes of Dine Brands v. Eubanks and Walt Disney v. Eubanks, currently working their way through the Michigan courts, are likely to affect how statutes of limitations in unclaimed property audits are calculated nationwide as well as within the state, given the widespread adoption of similar model provisions by many other states, say attorneys at McDermott.