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Hospitality
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May 20, 2024
CoStar, Hotel Giants Defend Benchmarking In Price-Fixing Suit
CoStar Group Inc. and a contingent of big-name hotels have asked a Washington federal judge to toss an antitrust lawsuit claiming the hotel operators share industry analytics to inflate luxury hotel room prices, arguing the proposed class action is riddled with legal defects.
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May 20, 2024
Ski Resorts Can't Dodge Safety Duties, Colo. Justices Rule
Colorado ski resorts can't use waivers to free themselves from liability for failing to follow state ski safety laws, the state Supreme Court ruled Monday, concluding that allowing ski resorts to escape such liability would frustrate lawmakers' intent.
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May 20, 2024
4th Circ. Says 'Gargantuan' NC Beach Home Meets Zoning Regs
A 15,000-square-foot oceanfront vacation home with 24 bedrooms, 25 bathrooms and a swimming pool in North Carolina's Currituck County complies with state and county zoning requirements, the Fourth Circuit ruled in a published opinion.
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May 20, 2024
Rite Aid Settles Trademark Suit Over New Logo
Rite Aid has reached an agreement with Brand Design Co. to end a lawsuit claiming that the drugstore chain misused the design firm's font for a new logo, the parties have told a Pennsylvania federal court.
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May 20, 2024
NLRB Attys Say Mich. Starbucks Injunction Row Must Proceed
The U.S. Supreme Court's pending decision over a National Labor Relations Board injunction standard shouldn't pause a Michigan federal court case against Starbucks seeking reinstatement of fired employees, the board argued Monday, saying a stay would be detrimental to the workers' interests.
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May 20, 2024
Ga. Court Sends Fatal Restaurant Shooting Suit To Trial
The Georgia Court of Appeals on Monday said a lawsuit against an Atlanta-area restaurant and its security company over a 2016 shooting on the premises should proceed to trial.
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May 20, 2024
Wyndham Wants Out Of Pa. Hotel's Labor Trafficking Case
Wyndham Hotels & Resorts argued to a federal court Monday it could not be plausibly alleged the chain knew or could have known that its former franchisee at a New Stanton, Pennsylvania, Days Inn was exploiting laborers in a room-for-hire scheme, and so it should be dismissed from the laborers' lawsuit.
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May 20, 2024
Wyo. Tribe Secures $9.2M For Wastewater Infrastructure
The Northern Arapaho Business Council has been awarded a nearly $9.2 million federal grant aimed at improving a wastewater system known as the Beaver Creek Lagoon that serves the Beaver Creek housing development and Wind River Hotel & Casino.
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May 17, 2024
$440M Cruise Line Ruling Over Cuba Dock May Be In Jeopardy
An Eleventh Circuit panel appeared reluctant Friday to affirm a nearly half-billion-dollar judgment against four major cruise lines for "trafficking" in property seized by the communist Cuban government, as the underlying concession for a port facility in Havana expired in 2004.
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May 17, 2024
Bettors Say 6th Circ. Erred In Ruling Over Doped Derby Horse
A group of gamblers who claim they had winning bets on the 2021 Kentucky Derby after officials stripped the lead horse of its title has petitioned the Sixth Circuit to rehear arguments after a panel of the court earlier this month affirmed the lower court's decision to toss the case.
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May 17, 2024
Off The Bench: Golf Star Arrest, Fla. Gambling, Gruden V. NFL
In this week's Off the Bench, the world's top-ranked golfer is arrested after a traffic incident outside the PGA Championship, the federal government urges the U.S. Supreme Court to stay out of Florida's sports gambling dispute and Jon Gruden's defamation brawl with the NFL heads to arbitration.
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May 17, 2024
Short-Term Rental Owners Sue Colo. City Over Phase-Out Law
A group of short-term rental property owners claimed in Colorado federal court that a local ordinance enacted late last year "effectively bans most existing short-term rentals."
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May 17, 2024
Deserted NC 'Ghost Town' Theme Park Wards Off Dissolution
A woman who inherited partial ownership of an abandoned theme park in the mountains of Western North Carolina has failed to prove the business is too dysfunctional to continue operating, a state Business Court judge ruled in allowing the partnership to live another day.
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May 16, 2024
Disney Strikes Deal To Exit Hispanic Worker's Bias Suit
A Disney subsidiary reached an agreement Thursday with a former Walt Disney World worker to end her lawsuit alleging the company unlawfully fired her after a co-worker overheard her tell a story about disciplining her son for using the N-word, a filing in Florida federal court said.
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May 16, 2024
Prosecutors Say Fake Fortune 500 Workers Funded N. Korea
The Biden administration alleged that North Korea may have raised $6.8 million to develop nuclear weapons by installing remote information technology workers at Fortune 500 businesses, announcing charges Thursday against two individuals accused of helping agents pose as U.S. employees.
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May 16, 2024
Burger King Franchisee Seeks BIPA Coverage Quick Win
A Burger King franchisee asked an Illinois federal court to rule that due to precedent and policy ambiguities, its umbrella insurer must defend it in a class action claiming it violated Illinois' Biometric Information Privacy Act by nonconsensually collecting fingerprint data.
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May 16, 2024
Olo Investor Sues In Chancery To Stop Raine Group Takeover
A shareholder in New York online food-ordering company Olo Inc. sued its officers, directors and largest stockholder in Delaware's Court of Chancery on Wednesday, alleging the board had approved a stock buyback program that would hand control of the company to its largest shareholder for no consideration.
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May 15, 2024
Conn. Strip Club Owner Ran 'Brothel,' Hid $5.7M, Feds Say
The man in charge of a Connecticut strip club and two of his associates operated the business as a brothel, took payments for "commercial sex acts," lied to secure a $150,000 federal COVID-19 relief grant, and hid $5.7 million in income from the IRS, according to a federal indictment unsealed Wednesday.
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May 15, 2024
Metropolis, SP Plus Get Rare Early End To $1.5B Deal Probe
The U.S. Department of Justice has agreed to a rare early termination of its review of payments tech company Metropolis Technologies Inc.'s planned $1.5 billion deal for parking and logistics provider SP Plus Corp., after previously requesting additional information about the transaction.
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May 15, 2024
Grocery Chain Outfox Files Ch. 7 After Closing All Locations
The parent company of Foxtrot Market and Dom's Kitchen & Market filed for Chapter 7 in Delaware, less than a month after the grocery chain announced it would be closing its 35 stores in Illinois, Texas and the Washington, D.C., area.
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May 14, 2024
DOI Urges High Court To Uphold Seminole Gambling Compact
Secretary of the Interior Deb Haaland is urging the U.S. Supreme Court to deny a petition by two casino operators seeking to undo a sports gambling compact between the state of Florida and the Seminole Tribe, arguing that such agreements may include provisions that address matters off tribal lands.
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May 14, 2024
DOL Appeals Board Nixes Disaster Relief Provider's H-2B Bid
A U.S. Department of Labor appeals board has upheld the denial of H-2B visas for a Louisiana-based company seeking to hire foreign workers for disaster relief services, finding that the company did not show the work to be seasonal.
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May 14, 2024
Tort Report: Mass Tort Settlements Beset By Crooked Claims
Fraud attempts during the settlement claims process for class actions and mass torts highlighted by a new report and an $82 million verdict in a drunk driving crash suit lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.
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May 13, 2024
Fla. Court Upholds Apt. Complex's Win In Wrongful Death Suit
The mother of an autistic 6-year-old girl who drowned in a river near her Tampa, Florida, home can't sue the apartment complex for not putting up a fence, a state appeals court ruled, saying there was nothing unusually dangerous about that waterway.
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May 13, 2024
Ariz. Casino Can't Claim Immunity In Discrimination Row
Sovereign immunity can't protect a Harrah's casino operated on Arizona Native American lands from a discrimination lawsuit filed by five former employees, a federal judge said, arguing that the for-profit corporation is formed under the laws of the state, not those of the tribal community.
Expert Analysis
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Breaking Down High Court's New Code Of Conduct
The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.
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Trump NY Fraud Trial Shows Civil, Criminal Case Differences
Former President Donald Trump’s civil fraud trial currently unfolding in New York provides a reminder that civil bench trials can be just as damaging, if not more so, than criminal prosecutions, due to several key elements of civil litigation procedure, says retired attorney David Moskowitz.
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Opinion
Legal Profession Gender Parity Requires Equal Parental Leave
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
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Series
Writing Thriller Novels Makes Me A Better Lawyer
Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.
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What Lawyers Must Know About Calif. State Bar's AI Guidance
Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.
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Industry Must Elevate Native American Women Attys' Stories
The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.
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A Year-End Look At Florida's Capital Investment Tax Credit
Notwithstanding the Walt Disney Co.’s feud with Gov. Ron DeSantis this year, Florida's capital investment tax credit will continue to make the state a favored destination for large corporations, particularly in light of the new federal alternative minimum tax and the Pillar Two top-up tax, says Alan Lederman at Gunster.
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Understanding Discovery Obligations In Era Of Generative AI
Excerpt from Practical Guidance
Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.
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Series
ESG Around The World: Mexico
ESG has yet to become part of the DNA of the Mexican business model, but huge strides are being made in that direction, as more stakeholders demand that companies adopt, at the least, a modicum of sustainability commitments and demonstrate how they will meet them, says Carlos Escoto at Galicia Abogados.
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
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Attorneys Have An Ethical Duty To Protect The Judiciary
The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.
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What Cos. Should Know About FTC's Proposed Junk Fee Rule
The Federal Trade Commission recently announced a notice of proposed rulemaking targeting junk fees and how businesses may advertise prices to consumers — and since it would give the agency powers to seek monetary penalties against businesses that do not comply, companies should look to get ahead now, say Phyllis Marcus and Nicole Johnson at Hunton Andrews.
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AI Can Help Lawyers Overcome The Programming Barrier
Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.
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Preparing Law Students For A New, AI-Assisted Legal World
As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.
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Series
ESG Around The World: South Korea
Numerous ESG trends have materialized in South Korea in the past three years, with impacts ranging from greenwashing prevention and carbon neutrality measures to workplace harassment and board diversity initiatives, say Chang Wook Min and Hyun Chan Jung at Jipyong.