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Hospitality
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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.
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June 13, 2024
Lil Uzi Vert Owes Production Co. Over $500K, Suit Says
A California-based music touring company has accused rapper Lil Uzi Vert of stiffing the company of more than half a million dollars in unpaid fees for designing and producing the musician's concerts, according to a Georgia federal lawsuit filed Thursday.
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June 13, 2024
Theater Co. Cites Prior Ruling Against Cruise Biz In IP Suit
A Louisiana theatrical production company is urging a Florida state court to rule in its favor on damages in a lawsuit alleging Celebrity Cruises Inc. continued to use intellectual property beyond licensing agreements, saying the issue was already ruled on in a previous lawsuit between the same parties.
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June 13, 2024
Brewpub Reaches $115K Deal To Exit EEOC Retaliation Suit
A restaurant and brewery agreed Thursday to pay $115,000 to resolve a lawsuit from the U.S. Equal Employment Opportunity Commission accusing it of firing a Black cook for flagging verbal abuse of Black and Hispanic employees in the workplace, according to a filing in Georgia federal court.
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June 13, 2024
Red Roof Had 'Revolving Door' For Trafficking, Ga. Jurors Told
A former Red Roof Inn Inc. employee and the leader of a nonprofit testified Thursday about sex trafficking they saw take place at two metro Atlanta Red Roof Inn locations as part of a landmark civil trial in which 11 women allege the company knew trafficking was taking place at the locations and did nothing to stop it.
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June 13, 2024
Mass. High Court Approves Tipped Wage Ballot Measure
Massachusetts' highest court on Thursday gave its blessing to a November ballot question asking voters to increase the state's minimum wage for tipped workers, finding that pairing the measure with a provision to allow tip pooling is part of an overall public policy goal to boost wages for all service industry employees.
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June 12, 2024
'Repugnant To Civility': Judge Rips, Yet Won't DQ Taft Stettinius
A Michigan state judge slammed law firm Taft Stettinius & Hollister LLP for keeping ex-client MGM in the dark about its merger with another firm and called Taft Stettinius' assertion MGM should have figured it out "repugnant to civility," but nonetheless said he wouldn't disqualify Taft Stettinius from representing MGM's opponent in an arbitration.
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June 12, 2024
NFL Exec Denies League Fixed Sunday Ticket Price At Trial
One of the NFL's top executives denied on the witness stand Wednesday in a California federal courtroom that the league dictated the cost of the DirecTV Sunday Ticket package, pushing back when an attorney for subscribers bringing multibillion-dollar antitrust claims suggested some internal emails are evidence the league fixed the price.
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June 12, 2024
Conn. Eatery Owners Threatened To Kill Ex-Worker, DOL Says
A Connecticut restaurant group and its leaders ordered workers to lie to federal investigators during a wage and hour probe and threatened to kill an ex-worker for helping the U.S. Department of Labor, the agency said in a complaint filed in federal court.
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June 11, 2024
NFL Sunday Ticket Monopoly Cost Fans $7B, Expert Testifies
An economist testifying as an expert for the plaintiffs in a California federal trial over multibillion-dollar antitrust claims brought against the NFL by DirecTV Sunday Ticket subscribers said Tuesday that subscribers suffered over $7 billion in damages from DirecTV's alleged monopoly on the television package.
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June 11, 2024
Attys For Restaurant Software Investors Ring Up $2.25M Fee
Attorneys representing investors in a suit against restaurant software company Olo Inc. will receive $2.25 million for brokering settlement of class action claims alleging the company touted an ill-fated partnership with sandwich chain Subway as an example of its success.
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June 11, 2024
Judge Won't Certify Class In Trafficked Cuban Property Suit
A Florida federal judge said Tuesday he would not certify a class of U.S. nationals with claims to hotel properties seized by the communist Cuban government in their suit against Expedia Group Inc., saying there were too many individual issues in the suit that predominate over the common issues.
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June 11, 2024
Ex-DraftKings Exec Seeks Fast Trial To Test Noncompete Law
A former DraftKings executive wants a snap trial to unwind a noncompete blocking him from work at sports-betting rival Fanatics, calling the fiercely litigated, bicoastal dispute a "test case" for California's recent law reinforcing a ban on restrictive covenants.
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June 11, 2024
Restaurant Owner Seeks $414K For Deductible Overpayment
The owner of two Florida restaurants is seeking reimbursement of over $400,000, telling a federal district court Tuesday that it overpaid a claim deductible for damage stemming from Hurricane Ian after its insurer misapplied the appropriate endorsement.
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June 11, 2024
Fla. Judge OKs Strip Club And Dancers' $165K Wage Deal
A South Florida strip club operator will pay $165,000 to dancers who claimed they were misclassified as independent contractors and denied minimum wages, under a settlement agreement approved by a federal judge.
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June 11, 2024
Vt. Short-Term Rental Tax Proposal Vetoed
A Vermont bill that would have imposed a 3% surcharge on short-term rentals was vetoed by the governor.
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June 10, 2024
Pork Producers Look To Put A Fork In Price-Fixing Claims
Pork producers accused of colluding to diminish supply and inflate prices in sprawling multidistrict litigation have urged a Minnesota federal court to toss all remaining buyers' claims against them, saying statistical reports they use are lawful and their accusers' complaints are untimely.
Expert Analysis
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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.
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Series
In A 'Barbie' World: Questions On Kid Brands In Gambling Ads
A recent "Barbie" film marketing partnership with a casino raised some eyebrows as the iconic children's toy brand was being used to promote gambling in possible contravention of advertisement regulations for adult activities, but the campaign's particularities signal that the shtick may comport with responsible ad principles after all, says Abbey Block at Ifrah Law.
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Ch. 11 Ruling Sets New Standard For Using Reinstatement
A New York bankruptcy court’s recent ruling in Golden Seahorse, which concluded that Section 365(b)(2)(D) of the U.S. Bankruptcy Code only creates a cure exception for nonmonetary defaults, sets a high bar for challenging the requirement to pay default interest as a condition to reinstatement of a loan agreement under a Chapter 11 plan, says Debra Dandeneau at Baker McKenzie.
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For Tribes, Online Gambling May Soon Be A Safe Bet
The Bureau of Indian Affairs' proposed changes to the Indian Gaming Regulation Act would expressly allow tribes to execute compacts with states that enable online gambling and sports betting activities, strengthening tribes' ability to position themselves in the gambling industry despite protests from casino operators, says Blair Will at Hall Estill.
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Caregiver Flexibility Is Crucial For Atty Engagement, Retention
As the battle for top talent continues post-pandemic, many firms are attempting to attract employees with progressive hybrid working environments — and supporting caregivers before, during and after an extended leave is a critically important way to retain top talent, says Manar Morales at The Diversity & Flexibility Alliance.
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Cannabis Consumption Lounges Face Unique Liability Risks
As state laws regulating cannabis consumption lounges proliferate, operators must follow certain best practices to effectively address issues like air quality concerns and California Proposition 65 warnings, says Lauren Mendelsohn at the Law Offices of Omar Figueroa.