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Hospitality

March 10, 2023
9th Circ. Rejects In-N-Out's Virus Coverage Appeal

The Ninth Circuit rejected burger chain In-N-Out's COVID-19 coverage appeal Friday, finding that a contamination exclusion in its Zurich policy bars coverage regardless of how an upcoming California Supreme Court decision shakes out.
March 10, 2023
Edible Drops Claims In TM Suit Against Cannabis Co.

Edible Arrangements LLC and its parent company have dropped a trademark suit against the makers of "Incredibles" cannabis products, while the defendants have agreed to drop their counterclaims in the suit.
March 10, 2023
Crain's Must Face Chicago Business Owner's Defamation Suit

An Illinois state judge on Friday refused to let Crain's Communications completely escape a business owner's defamation suit challenging a 2016 profile that he claimed made him out to be a lousy entrepreneur and possible criminal.
March 10, 2023
Feds Want Time At 7th Circ. For McDonald's No-Poach Case

The federal government has asked to appear during an upcoming Seventh Circuit argument to address several errors enforcers said the lower court made when tossing a suit from former McDonald's workers over its past use of no-poach provisions in franchise agreements.
March 10, 2023
DLA Piper Adds 2 Directors To South African Team

DLA Piper said it has appointed two directors for its offices in Johannesburg, South Africa, with one of its new lawyers joining the global law firm's corporate practice and its other new hire taking a position with the litigation and regulatory group.
March 10, 2023
BREAKING: Fla. Jury Awards Carnival $21M In Patent Spat

A Florida federal jury on Friday awarded Carnival Corp. $21 million in damages in its patent dispute with a tech company over a guest experience system that the company developed for rival cruise lines.
March 10, 2023
Taxation With Representation: Gibson Dunn, Wachtell, Davis

In this week's Taxation With Representation, Solenis acquires Diversey Holdings, HNI Corp. purchases Kimball International, Altria buys NJOY Holdings, and Vistra acquires Energy Harbor.
March 09, 2023
Insurer Wants Out Of Alleged Hotel Sex Trafficking Suits

An insurer says it has no obligation to cover hotel companies ensnared in litigation accusing them of allowing sex trafficking on their premises, urging an Atlanta federal judge to declare it has no duty to defend or indemnify Varahi Hotels LLC and Shiv Global Hotel LLC for any liability in the suits.
March 09, 2023
Family Sues Fla. Airbnb Over Baby's Fentanyl Death

Airbnb Inc. has been slapped with a wrongful death suit in Florida state court claiming a 19-month-old baby ingested a fatal dose of the drug fentanyl while staying with her family at a rental property previously used as a party house.
March 09, 2023
Famed Manhattan Showroom Loses Peephole Camera Appeal

A Manhattan appeals court on Thursday revived the brunt of a lawsuit against the renowned New York Design Center over a video camera that was discovered in a women's restroom at the Midtown building in 2014, with the panel rewriting its interpretation of state negligence law.
March 09, 2023
HK Co. Says Casino App Fight Must Be Arbitrated In Calif.

A Hong Kong-based publisher of cellphone casino game apps is asking a California court to force four individuals, who are alleging that the company owes damages because the apps violate their state's anti-gambling laws, to arbitrate their claims in San Francisco.
March 09, 2023
Atlanta Atty Says Airport Spa's Appeal Should Be Tossed

An Atlanta-area attorney awarded $1.15 million over unpaid work for an airport travel spa operator urged a Georgia judge on Thursday to throw out the operator's appeal of the case, contending it is just another tactic to delay payment.
March 08, 2023
Calif. Justices Doubt Limits On Whistleblower Protections

California Supreme Court justices appeared skeptical Wednesday of a nightclub's arguments that Golden State whistleblower statutes don't shield workers from retaliation for disclosing wrongdoing when the recipient already knows of the alleged misconduct, with multiple justices questioning how workers would know if the conduct had already been reported.
March 08, 2023
US Gov't Says Van Gogh Painting Is Immune From Seizure

The U.S. government has sided with the Detroit Institute of Arts in asking the Sixth Circuit to affirm a lower court decision that a contested Vincent Van Gogh painting on display at the museum is immune from seizure under federal law.
March 08, 2023
Chick-Fil-A Sued Over Hack Of 71K Customer Accounts

Chick-fil-A has been hit with a proposed class action in Georgia federal court that alleges the company's failure to protect consumer data led to a breach of roughly 71,470 customer accounts.
March 08, 2023
Mich. House Passes Expanded LGBTQ Protections

Michigan's House of Representatives passed a bill barring sexual orientation and gender identity discrimination in the workplace on Wednesday, sending the bill to the governor's desk where it is likely to be signed.
March 08, 2023
Ritz-Carlton Atty DQ'd For Conflicts In Tipping Suit

The "specter of impropriety" has disqualified an attorney from serving as defense counsel shortly after his appearance in Miami federal court caused a magistrate judge, his former longtime colleague, to recuse herself from a case brought by a proposed class of Ritz-Carlton customers alleging the hotel chain hid automatic tipping on bills.
March 08, 2023
Detroit Casino Operator's COVID-19 Coverage Suit Tossed

A Michigan federal judge dismissed a COVID-19 coverage suit from the owner of the MotorCity Casino Hotel, finding that a contamination exclusion clearly prevents coverage from a Zurich unit.
March 08, 2023
DOI, Casinos Get Early Win In Mich. Tribe's Land Trust Suit

A D.C. federal court granted an early win to the U.S. Department of the Interior, alongside intervenor casinos and Native American tribes, in a suit brought by a Michigan tribe over federal officials' refusal to take into trust Michigan land eyed for a new casino, finding that the gambling plans would not achieve the "social welfare" criteria for trust submissions.
March 08, 2023
2 Firms Lead Furniture Maker HNI In $485M Buy Of Competitor

Furniture manufacturer HNI Corp., steered by Davis Polk & Wardwell LLP, will acquire competitor Kimball International Inc., which is being guided by ArentFox Schiff LLP and owns the brand names Kimball National, Interwoven and Poppin, in a cash and stock deal valued at $485 million, the companies announced Wednesday.
March 08, 2023
Michael Irvin Calls Claims That Led To Marriott Suit 'Sickening'

Sports commentator Michael Irvin spoke publicly about his $100 million defamation suit against hotel empire Marriott International for the first time since the former NFL wide receiver was accused of misconduct by a hotel employee and barred from further NFL coverage, calling the allegations "just sickening."
March 08, 2023
Carriage Co. Reins In Fired Worker's Age Bias Suit

A Pennsylvania federal judge narrowed a former worker's lawsuit that alleged a company that provides horse-drawn carriage rides in Philadelphia fired him because of his age, with the judge noting that the worker who replaced him was the same age.
March 07, 2023
Firm Says Madison Square Garden Atty Ban Is A Scare Tactic

Davidoff Hutcher & Citron LLP on Tuesday urged a New York state appeals court to find that its attorneys are free to attend events like New York Knicks games at Madison Square Garden, saying an attempted ban on the firm in response to litigation is a ploy to deter lawyers from doing their jobs.
March 07, 2023
Navajo Nation Fights To Keep Tribal Relocation Suit Alive

The Navajo Nation keeps fighting the U.S. government's attempts to dodge the tribe's breach of trust lawsuit claiming the Office of Navajo and Hopi Indian Relocation has refused to move tribal members to areas that provide safe and sanitary housing with sufficient power and water.
March 07, 2023
Casino Queen Execs Can't Sink Workers' ESOP Suit

An Illinois federal judge refused to free two Casino Queen founders and a former president from a lawsuit by workers alleging the executives siphoned millions from the workers' retirement savings to buy stock in the company's holding firm, saying he needs more information before making any decisions.

Editor's Picks

Foley Reps Hospitality REIT In $260M Buy Of Texas Property

Foley & Lardner LLP said it has represented real estate investment trust Ryman Hospitality Properties Inc. in its $260 million acquisition of the Block 21 mixed-use development complex that occupies an entire city block in downtown Austin, Texas.

Expert Analysis

Justices Leave Questions Open On Dual-Purpose Atty Advice

The U.S. Supreme Court's recent dismissal of In re: Grand Jury on grounds that certiorari was improvidently granted leaves unresolved a circuit split over the proper test for deciding when attorney-client privilege protects a lawyer's advice that has multiple purposes, say Susan Combs and Richard Kiely at Holland & Hart.
Steps Lawyers Can Take Following Involuntary Terminations

Though lawyers can struggle to recover from involuntary terminations, it's critical that they be able to step back, review any feedback given and look for opportunities for growth, say Jessica Hernandez at JLH Coaching & Consulting and Albert Tawil at Lateral Hub.
High Court Ax Of Atty-Client Privilege Case Deepens Split

The U.S. Supreme Court's recent dismissal of In re: Grand Jury as improvidently granted maintains a three-way circuit split on the application of attorney-client privilege to multipurpose communications, although the justices have at least shown a desire to address it, say Trey Bourn and Thomas DiStanislao at Butler Snow.
A Look At NLRB GC's Memos On Misleading Employees

The National Labor Relations Board's general counsel recently confirmed her plan to limit what she considers coercive and misleading statements by employers during union organizing drives, and provided some guidance for employers that, if recognized and followed, may keep a company out of legal trouble with the NLRB, says Rebecca Leaf at Miles & Stockbridge.
3 Job Satisfaction Questions For Partners Considering Moves

The post-pandemic rise in legal turnover may cause partners to ask themselves what they really want from their workplace, how they plan to grow their practice and when it's time to make a move, says Patrick Moya at Quaero Group.
4 Exercises To Quickly Build Trust On Legal Teams

High-performance legal teams can intentionally build trust through a rigorous approach, including open-ended conversations and personality assessments, to help attorneys bond fast, even if they are new to the firm or group, says Ben Sachs at the University of Virginia School of Law.
8 Steps To Improve The Perception Of In-House Legal Counsel

With the pandemic paving the way for a reputational shift in favor of in-house corporate legal teams, there are proactive steps that legal departments can take to fully rebrand themselves as strong allies and generators of value, says Allison Rosner at Major Lindsey.
Procedure Rule 7.1 Can Simplify Litigators' Diversity Analysis

A recent amendment to Federal Rule of Civil Procedure 7.1 will help trial courts determine whether the parties to a case are diverse, and may also allow litigators to more quickly determine whether they can remove certain cases to federal court, says Steve Shapiro at Schnader Harrison.
How Companies Could Define 'Social' In ESG Metrics

While the "social" prong of environmental, social and governance criteria is still hard to evaluate, a three-tiered approach similar to the framework for tracking greenhouse gas emissions could serve as a good basis for companies to develop goals and measure progress in a uniform way, say attorneys at Jenner & Block.
The Wide Oversight Implications Of Del. McDonald's Ruling

The Delaware Chancery Court's recent ruling that a McDonald's officer had oversight obligations on par with directors has wide-reaching implications for Delaware corporate law, including precedent for the court to hear sexual harassment claims, say attorneys at Fried Frank.
Reviewing Exec Separation Filings After McDonald's SEC Deal

The U.S. Securities and Exchange Commission recently charged McDonald's and its former CEO Stephen Easterbrook with disclosure violations related to his separation from the company in 2019, offering a cautionary tale for public issuers making disclosures regarding internal investigations and executive separations, say attorneys at Ropes & Gray.
Southwest Debacle May Spur Traveler Protection Legislation

The recent stranding of countless Southwest Airlines passengers due to canceled flights could finally move Congress to advance "bill of rights" legislation for airline passengers, which has faced stiff opposition from the commercial aviation industry when previously introduced in Congress, says Roger Clark at Signature Resolution.
Atty Conflict Discussions In Idaho Murder Case And Beyond

A public defender's representation of the accused University of Idaho murderer after prior representation of a victim's parent doesn't constitute a violation of conflict of interest rules, but the case prompts ethical questions about navigating client conflicts in small-town criminal defense and big-city corporate law alike, say Hilary Gerzhoy and Charles Loeser at HWG.
Why The Original 'Rocket Docket' Will Likely Resume Its Pace

Though the Eastern District of Virginia, for decades the fastest federal trial court in the country, experienced significant pandemic-related slowdowns, several factors unique to the district suggest that it will soon return to its speedy pace, say Dabney Carr and Robert Angle at Troutman Pepper.
False Ad Takeaways From Toss Of Suit Against Giants, Jets

The recent dismissal of a proposed false advertising class action against the NFL, the New York Giants and Jets, and MetLife Stadium shows how federal courts often bring a fair degree of skepticism to these types of suits, and that advertising claims shouldn't be judged in isolation, says Jeffrey Greenbaum at Frankfurt Kurnit.