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Hospitality
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May 09, 2024
Designer, Hotelier Sued For Allegedly Duping EB-5 Investors
Chinese investors in a luxury California hotel for green cards lodged a potential class action Thursday against a prominent interior designer and her hotelier husband for allegedly duping backers into believing Marriott would manage the hotel.
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May 08, 2024
Ritz-Carlton Can't Dump Suit Over 'Semen-Contaminated' Water
The Ritz-Carlton Hotel Co. must face the majority of a couple's lawsuit alleging they were served water that had been contaminated with an employee's semen at its Half Moon Bay resort, a California federal judge ruled after dismissing claims against the hotel's parent company Marriott International.
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May 08, 2024
Mass. Justices May Give Green Light To Tip Ballot Measure
Massachusetts' high court justices appeared skeptical Wednesday of arguments by a group of restaurant owners seeking to kill a ballot question that, if approved, would gradually raise the minimum wage for tipped workers to the state's $15-per-hour standard.
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May 07, 2024
NYC Eatery Asks 2nd Circ. To Undo Revival Of Workers' Suit
A New York City restaurant operator urged the Second Circuit Tuesday to reject a lower court finding that its workers' federal wage claims may be cut from their class action but can also be reinstated if the appeals court were to vacate their state wage claims, insisting the decision is unfair.
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May 07, 2024
Starbucks Wants NLRB Injunction Bid To Wait On High Court
A Michigan federal judge should wait on deciding whether to issue an injunction against Starbucks in a wrongful firing case out of Ann Arbor, the company argued, saying the U.S. Supreme Court must first decide a case concerning how injunctions are dispensed to National Labor Relations Board prosecutors.
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May 07, 2024
Atty Dons Muppet Head To Open Sesame Place Race Bias Trial
A federal jury in Philadelphia on Tuesday gazed at the googly eyes and blue fur of an attorney who donned the head of Sesame Street's Grover to tell them that performers wearing the fluorescent bodysuits of other beloved Muppets discriminated against children at a Pennsylvania theme park because of the color of their skin.
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May 07, 2024
Panera To Nix 'Charged' Drink At Center Of Death Suits
Panera Bread Co. will soon no longer serve its "Charged Lemonade," the caffeinated drink at the center of two lawsuits that claim the restaurant chain is liable for the wrongful death of two patrons.
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May 06, 2024
Asiana Airlines Says $50M Catering Award Can't Be Enforced
South Korea's Asiana Airlines has urged a California federal court not to enforce a $50 million arbitral award issued to a catering company, saying the underlying contract, which guaranteed the caterer "unheard of profits," was only inked in exchange for a bribe paid to its disgraced former chairman.
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May 06, 2024
Judge Weighs Discovery Need On McD's No-Poach Standard
No-poach antitrust litigation against McDonald's is getting back underway in Illinois federal court following the U.S. Supreme Court's refusal of the fast food giant's appeal, spurring the district court judge to consider whether more discovery might be needed to determine the appropriate standard that will govern the case.
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May 06, 2024
Fla. Judge Tosses Suit To Remove Miami Official From Office
A Florida state court judge on Monday threw out a lawsuit brought by two real estate developers seeking to unseat a Miami commissioner from office over civil rights violations, citing a lack of standing to sue because they aren't residents of the city.
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May 06, 2024
Marriott Sued For Ditching Doctors To Accommodate LA Rams
An association of orthopedic doctors filed a lawsuit Monday in Maryland federal court accusing Marriott of bailing on the medical professionals' annual meeting in favor of the Los Angeles Rams after the team demanded accommodations.
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May 06, 2024
Ritz-Carlton Defeats Post-Hurricane Layoff Claims At 1st Circ.
The First Circuit has said a Puerto Rico federal judge was right to rule in favor of a Ritz-Carlton hotel in a suit by a proposed class of employees who claimed they were wrongfully laid off after the island was decimated by back-to-back hurricanes in 2017.
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May 03, 2024
6th Circ. Drops Bettors' Appeal Over Doped Derby Horse
Kentucky Derby gamblers who claimed they had winning bets after officials disqualified the race's lead horse cannot sue Churchill Downs or the horse's Hall of Fame trainer Bob Baffert, the Sixth Circuit ruled, saying courts can't "turn a losing wager into a winning one."
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May 03, 2024
Ill. Hilton Operators Slapped With Time-Tracking BIPA Suits
Hilton workers have hit several hotel operators in the Chicago area with a proposed class action and an individual lawsuit in Illinois state court, accusing the hotels of illegally collecting and retaining workers' biometric data to keep track of workers' hours in violation of the state Biometric Information Privacy Act.
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May 03, 2024
Grubhub Urges Justices Not To Review Kroger TM Dispute
Grubhub told the U.S. Supreme Court on Friday that there's no need for the justices to review the Seventh Circuit's recent finding that consumers are unlikely to confuse Grubhub's logo with a logo used by Kroger's meal-kit delivery service Home Chef, arguing the trademark case doesn't raise a novel issue warranting review.
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May 02, 2024
Barnes & Noble Joins Visa, Mastercard Settlement Objectors
A new collection of major retailers is joining Target Corp. and Grubhub in objecting to a proposed settlement deal cut by Visa and Mastercard, saying the deal would actually codify an illegal price-fixing agreement.
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May 02, 2024
Activist Files New Proxy Fight In REIT Takeover Attempt
Activist investor Blackwells Capital LLC continued its campaign against hospitality executive Monty J. Bennett by separately urging shareholders of Braemar Hotels & Resorts Inc. and an advisory firm that Bennett controls to approve a board shake-up during upcoming annual meetings.
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May 01, 2024
Settlement Ends Texas Man's Injury Suit Against Ga. Winery
A Texas man and Georgia winery have reached a settlement ending the man's suit alleging he was injured during a 2021 visit when a patio umbrella came out of its stand, fell on him and injured his hands, fingers, thumb and chest.
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May 01, 2024
DC Circ. Scrutinizes Social Welfare In Tribe's Land Trust Bid
The D.C. Circuit on Wednesday grappled with whether a Native American tribe's bid to compel the federal government to take land into trust for a casino venture would promote tribe members' social welfare, as one judge sounded wary of such a move's repercussions.
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May 01, 2024
Hotel Chains Hit With Algorithmic Pricing Collusion Suit
A group of hotel-goers has hit six major hotel chains with a proposed class action, alleging that the companies used a shared pricing algorithm to fix and raise hotel prices nationwide.
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May 01, 2024
Chipotle Granted Win in Customer Change-Shorting Row
A Pennsylvania federal judge gave Chipotle Mexican Grill an early win Wednesday in a lawsuit by customers alleging they were stiffed out of change during a coin shortage, finding that because the customers agreed to not receive coin change during their transactions, they can't reasonably argue the fast food giant did anything wrong.
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May 01, 2024
Carnival Fails To Ditch 'Far From Perfect' Hot-Soup Suit
Carnival Cruise Lines can't escape a lawsuit seeking to hold it liable for second- and third-degree burns that a passenger suffered when hot soup spilled on her legs, a Florida federal judge has ruled, saying the complaint — "while not perfect" — gets the job done and can survive at this stage of litigation.
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May 01, 2024
Eateries Note 'Fatal' Concession By Insurer In NC COVID Row
Cincinnati Insurance Co. made a "fatal" concession when it argued that "physical loss" merely requires "some sort of dispossession," a group of 16 restaurants told the North Carolina Supreme Court, urging it to reinstate their COVID-19 coverage win that got reversed on appeal.
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April 30, 2024
Skadden, Latham Lead Travel Firm Viking's Upsized $1.5B IPO
Private equity-backed cruise operator Viking Holdings Ltd. on Tuesday priced an upsized $1.5 billion initial public offering within its price range, represented by Skadden Arps Slate Meagher & Flom LLP and underwriters counsel Latham & Watkins LLP, marking the largest IPO of 2024.
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April 30, 2024
Split 9th Circ. Finds San Jose Nuisance Laws Constitutional
A split Ninth Circuit panel held Tuesday that San Jose, California, did not violate the First Amendment rights of a nightclub operator by suspending its license following a shooting, affirming that the public nuisance provisions and licensing scheme for entertainment venues used by the city are not unlawful prior restraints.
Expert Analysis
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Calif. GHG Disclosure Law Will Affect Companies Worldwide
California's Climate Corporate Data Accountability Act, which will require comprehensive greenhouse gas emissions disclosures from large companies operating in the state, will mean compliance challenges for a wide range of industries, nationally and globally, as the law's requirements will ultimately trickle out and down, say attorneys at Brownstein Hyatt.
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Return Days Key In Hyatt COVID-19 Layoffs Ruling
The Ninth Circuit’s recent decision in Hartstein v. Hyatt, which clarified when the hotel giant had to pay out accrued vacation time after pandemic-prompted temporary layoffs, highlights the importance of whether an employer specifies a return date within the normal pay period, say attorneys at ArentFox Schiff.
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Opinion
Newman Suspension Shows Need For Judicial Reform
The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.
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A Look At Competition Enforcers' 2026 World Cup Game Plan
Ahead of the 2026 FIFA World Cup, competition authorities of the host nations, the U.S., Mexico and Canada, have recently launched a joint initiative to police collusive schemes, setting an example for other countries' cross-border collaboration — so companies pursuing tournament opportunities should take note, say Carsten Reichel and Will Conway at Norton Rose.
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Series
ESG Around The World: Japan
Japan is witnessing rapid developments in environmental, social and corporate governance policies by making efforts to adopt a soft law approach, which has been effective in encouraging companies to embrace ESG practices and address the diversity of boards of directors, say Akira Karasawa and Landry Guesdon at Iwata Godo.
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How And Why Your Firm Should Implement Fixed-Fee Billing
Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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Opinion
Judicial Independence Needs Defense Amid Political Threats
Amid recent and historic challenges to the judiciary from political forces, safeguarding judicial independence and maintaining the integrity of the legal system is increasingly urgent, says Robert Peck at the Center for Constitutional Litigation.
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How Law Firms Can Use Account-Based Marketing Strategies
Amid several evolving legal industry trends, account-based marketing can help law firms uncover additional revenue-generating opportunities with existing clients, with key considerations ranging from data analytics to relationship building, say Jennifer Ramsey at stage LLC and consultant Gina Sponzilli.
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Strategic Succession Planning At Law Firms Is Crucial
Senior partners' reluctance to retire, the rise of the nonequity partner tier and generational differences in expectations are all contributing to an increasing number of departures from BigLaw, making it imperative for firms to encourage retirement among senior ranks and provide clearer leadership pathways to junior attorneys, says Laura Leopard at Leopard Solutions.
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Calif. Climate Disclosure Bills Promise Challenges For Cos.
Two novel climate disclosure bills recently passed by the California Legislature will pose challenges for many businesses — especially private companies that are less familiar with climate-related reporting obligations — and will require investments of significant time and effort in processes, procedures and personnel, say John Rousakis and Chris Bowman at O'Melveny.
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Maximizing Law Firm Profitability In Uncertain Times
As threats of an economic downturn loom, firms can boost profits by embracing the power of bottom-line management and creating an ecosystem where strategic financial oversight and robust timekeeping practices meet evolved client relations, says Shireen Hilal at Maior Strategic Consulting.
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Tips For Student Visa Applicants Mired In Processing Delays
Notwithstanding procedural changes at the U.S. Department of State that provided hope for more timely and predictable visa processing outcomes, international student applications continue to risk becoming bogged down in administrative processing, but certain steps may improve the situation, say Carl Risch and Lauren Epstein at Mayer Brown.
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Do Website Accessibility Suits Violate Hobbs Act, RICO?
As more website accessibility lawsuits are filed on behalf of people with visual impairments, attorneys' settlement demands may be extortionate under the Hobbs Act, and may also constitute an act of racketeering, giving rise to civil causes of action, say Nika Aldrich and Amanda Kohls at Schwabe Williamson.
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5th Circ. Ruling Reminds Attys That CBP Can Search Devices
The Fifth Circuit’s recent Malik v. Department of Homeland Security decision adds to the chorus of federal courts holding that border agents don’t need a warrant to search travelers’ electronic devices, so attorneys should consider certain special precautions to secure privileged information when reentering the U.S., says Jennifer Freel at Jackson Walker.
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Series
ESG Around The World: European Union
As the EU makes ESG regulation a priority, companies — both those based in the EU and others just doing business there — need to keep abreast of myriad new legislation that has either already taken effect or will in the near future, as noncompliance could result in fines, damages and director liability, say attorneys at Steptoe & Johnson.