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Hospitality
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November 28, 2023
6th Circ. Backs Restaurateurs' Migrant Harboring Conviction
A Sixth Circuit panel majority on Tuesday affirmed a Kentucky federal jury's verdict convicting two restaurateurs of harboring immigrants who were living in the country without legal permission, rejecting the duo's arguments that the government did not prove they intentionally hid the migrants but splitting on whether prosecutors have to prove as much in the first place.
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November 28, 2023
Hacked Ill. Casino Hit With Suit Over 'Reckless' Data Security
A casino in Chicago's northwest suburbs failed to encrypt or otherwise adequately safeguard patrons' Social Security numbers, financial account information and other personal data that was compromised in a "massive" August cyberattack, according to a proposed class action filed in Illinois federal court Monday.
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November 28, 2023
Woman Bit Into Finger In Chopt Eatery Salad, Suit Claims
A Connecticut woman sued the Chopt Creative Salad Co. eatery chain in New York state court alleging she bit into part of a severed human finger in her salad.
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November 28, 2023
MSG Can't Duck NY Liquor License Probe Over Atty Ban
The New York State Liquor Authority has the right to review Madison Square Garden's liquor licenses over its policy of banning lawyers suing the company and its owner from entering its venues in New York City, a state appeals panel ruled this week.
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November 28, 2023
Fajr Capital-Led Consortium Paying $1B For Aster's Gulf Biz
An Allen & Overy-advised consortium led by Dubai-based Fajr Capital has agreed to acquire 65% of hospital chain Aster DM Healthcare's Gulf Cooperation Council business for $1 billion, Fajr said Tuesday.
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November 28, 2023
Law Firm Leaders Cautiously Optimistic Heading Into 2024
Major U.S. law firms are steadfast in their commitment to the pursuit of further growth despite ongoing economic uncertainty. Here’s what the leaders of four Leaderboard firms have to say about how the legal industry is preparing for next year.
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November 28, 2023
The 2023 Law360 Pulse Leaderboard
Check out the Law360 Pulse Leaderboard to see which first-in-class firms made the list this year.
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November 28, 2023
COVERAGE RECAP: Day 35 Of Trump's NY Civil Fraud Trial
Law360 reporters are providing live coverage from the courthouse as former President Donald Trump goes on trial in the New York attorney general's civil fraud case. Here's a recap from Day 35.
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November 27, 2023
Ex-Papa John's Manager Resubmits $5M No-Poach Settlement
A former Papa John's manager wants to assuage a Kentucky federal judge's concerns over a $5 million settlement resolving claims over "no poach" provisions in the pizza chain's franchise agreements, arguing it doesn't matter that the deal covers both managerial and non-managerial workers or that some of them signed arbitration agreements because all plaintiffs were harmed by a "uniform" wage policy and all are making the same claim with the same theory of damages.
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November 27, 2023
Businessman Vouches For His Affidavit In Hot Dog Biz Fight
A businessman has asked North Carolina's business court not to strike his affidavit from the record in a fight with his one-time partner over their plans to buy up an Ohio hot dog chain, saying it doesn't contradict his prior deposition testimony as his ex-partner has argued.
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November 27, 2023
Golf Course Cos. Ask 4th Circ. Not To Certify Chinese Citizens
A group of golf course ownership companies has asked the Fourth Circuit to affirm a trial court's denial of class certification to investors suing over the use of their money by now-defunct Chinese peer-to-peer lending firms, saying the suit doesn't belong in the U.S. courts.
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November 27, 2023
Ga. Hotel Sex Trafficking Suit Settles Before Trial
A group of women who said they were for years victims of sex trafficking at Atlanta-area hotels agreed to settle on the eve of trial after suing hotel owners and operators they said ignored the crimes happening at their properties.
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November 27, 2023
Cemetery Board Urges NC Panel To Affirm Land Sale Ruling
A state regulatory board has asked the North Carolina state appeals court not to undo a lower court ruling preventing the operator of two cemeteries from sectioning off unused land for a potential sale, saying she is trying to turn state law governing cemetery use on its head.
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November 27, 2023
DOL Won't Pause H-2B Debarment For Carnival's Appeal
A U.S. Department of Labor judge has refused to allow a traveling carnival to temporarily hire 15 migrant workers, rejecting the carnival's arguments that a February order booting it from the H-2B seasonal worker program should be paused during an appeal.
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November 27, 2023
Trump Downplays NY Judge's Safety Risk After Threats
Donald Trump's lawyers on Monday said safety concerns don't justify a New York state judge's gag orders against the former president in the state attorney general's civil fraud trial, arguing that threats made by others don't present an "imminent" danger and should not result in his loss of First Amendment rights.
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November 27, 2023
COVERAGE RECAP: Day 34 Of Trump's NY Civil Fraud Trial
Law360 reporters are providing live coverage from the courthouse as former President Donald Trump goes on trial in the New York attorney general's civil fraud case. Here's a recap from day 34:
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November 24, 2023
UK Litigation Roundup: Here's What You Missed In London
The past week in London has seen Glencore face a claim from collapsed hedge fund Eton Park in the wake of its bribery scandal, the ex-CFO of Peppa Pig and Teletubbies toymaker bring data protection proceedings against the employment barrister who represented him at tribunal, and Delta Airlines check in to fresh trademark proceedings against hotel chain Marriott. Here, Law360 looks at these and other new claims in the U.K.
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November 22, 2023
Taco Bell Worker Says Christmas Party Rife With Sex, Vomit
Taco Bell faces a California state court suit brought by a former employee who accuses the fast-food restaurant of doing nothing about violent threats she received after reporting a booze-fueled Christmas party where she allegedly witnessed co-workers vomiting and openly having sex.
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November 22, 2023
Connecticut Bank Seeks $2.3M From Historic Mansion's Sale
A Connecticut bank urged a state court to award it a $2.3 million share of a $3.05 million foreclosure sale of a historic mansion that operated as a boutique hotel.
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November 22, 2023
PTAB Buoys 1 Wave-Pool Patent, But Sinks Another
The Patent Trial and Appeal Board has upheld all claims in American Wave Machines Inc.'s wave generating patent that were challenged by WhiteWater West Industries Ltd., while invalidating some claims in a related patent, leaving a choppy outcome as the companies face off in district court.
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November 22, 2023
Conn. Seeks Ax Of Rest Stop Co.'s Wage Suit Defenses
Connecticut asked a state trial court to toss a highway rest stop operator's series of special defenses in the state's case accusing it of failing to pay food service employees nearly $2.7 million in wages, arguing that the defenses are not legally recognized by state law.
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November 22, 2023
Trump's Posts Linked To Threats Against NY Judge, Clerk
Social media posts by Donald Trump have led to an ongoing deluge of death threats and antisemitic slurs against a law clerk and the New York judge overseeing the ex-president's civil fraud trial, a court security official said Wednesday.
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November 21, 2023
Colo. Panel Questions Class Cert. Denial In Delivery Driver Suit
A Colorado state appellate panel on Tuesday pressed a Papa John's pizza franchise to explain why a trial judge hadn't jumped the gun by denying delivery drivers class certification based on their legal theory, with one judge noting that courts shouldn't decide legal issues that soon unless they involve class commonality.
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November 21, 2023
Ex-Trump Org Exec Says He 'Gave Up' Amid Fraud Probes
A former Trump Organization executive testified in the former president's New York civil fraud trial Tuesday that he had to leave his position after getting caught up in the government investigations swirling around his former boss, but denied that he intentionally and fraudulently overvalued Donald Trump's real estate empire to give him a leg up in business deals.
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November 21, 2023
Fla. Casinos Seek High Court Extension Because Of State Suit
Two Florida casino operators want more time to petition the U.S. Supreme Court for a review of their case as they try to stop the Seminole Tribe from relaunching its online sports betting app, saying a state court battle will affect the content of their eventual high court filing.
Editor's Picks
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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
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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.
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General Counsel Need Data Literacy To Keep Up With AI
With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.
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Illinois Trump Tower Ruling Illuminates Insurance 'Occurrence'
In Continental Casualty v. 401 North Wabash Venture, an Illinois appellate court found that Trump Tower was not entitled to insurance coverage for operating its HVAC system without a permit, helping to further define a widely litigated general liability insurance issue — what constitutes an "occurrence," say Robert Tugander and Greg Mann at Rivkin Radler.
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Opinion
Civil Litigation Against Gun Businesses Can Reduce Violence
With mass shootings skyrocketing, and gun control legislation blocked by powerful interest groups, civil litigation can help obtain justice for victims by targeting parties responsible beyond the immediate perpetrator — including gun manufacturers, dealers and retailers, says Tom D'Amore at D'Amore Law Group.
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Retailers: Beware Legislator And Regulator Junk Fee Focus
In light of the Biden administration’s recent focus on restricting so-called junk fee surcharges across industries, attorneys at Benesch discuss what retailers should know about several evolving developments, including a new California law, a proposed Federal Trade Commission rule, an expanding litigation landscape, and more.
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Navigating Discovery Of Generative AI Information
As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.
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Finding Focus: Strategies For Attorneys With ADHD
Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.
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Attorneys, Law Schools Must Adapt To New Era Of Evidence
Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.
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Series
ESG Around The World: The UK
Following Brexit, the U.K. has adopted a different approach to regulating environmental, social and governance factors from the European Union — an approach that focuses on climate disclosures by U.K.-regulated entities, while steering clear of the more ambitious objectives pursued by the EU, say attorneys at Dechert.