News & Analysis as of

Trump Hotel Collection Confirms Year-Long Data Breach

Trump Hotel Collection, the high-end hotel chain owned by the billionaire Republican presidential hopeful and real estate developer Donald Trump, has confirmed a data security breach involving malware that the company says...more

MoFo New York Tax Insights - Volume 6, Issue 10

State Tax Department Releases Draft Article 9-A Nexus Regulations Under Corporate Tax Reform - The New York State Department of Taxation and Finance has released draft amendments to the Article 9-A corporate franchise...more

FCC says blocking FCC-approved Wi-Fi hotspots is “patently illegal” and imposes $750,000 fine on Smart City.

Blocking Wi-Fi connections is “patently unlawful”. On August 18, 2015, the FCC announced a $750,000 civil penalty and formal Consent Decree with Smart City Holdings for blocking consumers’ personal Wi-Fi access at...more

Competition News September 2015

The French Macron law and the framework of commercial relations - Promulgated on August 6, 2015, the law to promote growth, activity and equal economic opportunity, known as the “Macron law”, provides for a series of...more

DOJ Will Not Be Challenging Expedia-Orbitz Merger

David Crockett © September 18, 2015 Despite the American Hotel & Lodging Association’s (AH&LA) public denouncement of Expedia, Inc.’s (“Expedia”) $1.6 million acquisition of Orbitz Worldwide, Inc. (“Orbitz”), as...more

Burning Down The House – The Wyndham Decision Allows The FTC To Sue Businesses For Getting Hacked

As it is commonly understood, the Great Fire of London spawned two fixtures of the modern world: advancements in firefighting and property insurance. The risk of fire was seen as a threat to society as a whole and mechanisms...more

FTC v. Wyndham Worldwide Group - A Warning From the Third Circuit

On August 24, in  FTC v. Wyndham Worldwide Corp. et al, the Third Circuit Court of Appeals affirmed that the FTC could enforce its own reasonable interpretation of what cybersecurity standards are necessary to avoid...more

Cheap Flights for Flying Blind

European discount airline Germanwings has a practice it calls “Blind Booking”. The concept is straightforward. Essentially you don’t know your destination city until after you have booked the flight. But for €33...more

Real Estate Gazette - Issue 21: Focus on Hospitality and Leisure

Welcome to Issue 21 of DLA Piper’s Real Estate Gazette. at the end of the northern hemisphere summer many people have just returned from time spent relaxing in idyllic surroundings. However, what about the massive business...more

Businesses Incur Hefty Fines for Blocking Wi-Fi

Following the FCC’s massive $600,000 fine of Marriott International last year for blocking Wi-Fi at the Gaylord Opryland, the FCC has now imposed an even bigger fine on a boutique telecom company for engaging in similar...more

Wyndham Opinion Affirms FTC’s Power to Regulate Cybersecurity Practices

On August 24, 2015, the Third Circuit affirmed the United States District Court for the District of New Jersey’s denial of a motion to dismiss in FTC v. Wyndham Worldwide Corp. In Wyndham, the Federal Trade Commission...more

Accrual to be Kind: Pennsylvania Appellate Court Addresses Statute of Limitations for Declaratory Claim

A Pennsylvania appeals court recently addressed a nuanced procedural question: the applicable statute of limitations in a declaratory action of a coverage dispute. In Selective Way Ins. Co. v. Hospitality Group Svcs, Inc.,...more

Proposed OT Regulations Will Hit Hospitality Industry Hard

At long last, the anxiously awaited proposed changes to the regulations defining federal wage and hour law have been published by the U.S. Department of Labor (USDOL). The changes, if adopted, would impact the determination...more

The Fourth Appellate District Breaks With Wagner Regarding the Statute of Limitations in Express Indemnity Claims

Valley Crest Landscape Development, Inc. v. Mission Pools of Escondido, Inc. - Court of Appeal, Fourth Appellate District (July 2, 2015) - The Appellate Court reviewed three issues on appeal in this case. First,...more

Strange Bedfellows: Technology Issues in Real Estate Transactions, Part 1

Technology continues to infuse our homes, businesses, and places of employment. For example, the “Internet of Things” – as it is sometimes called – brings a lot of promise to a wide variety of industries and sectors,...more

Are Your Contractors Actually Employees? DOL Says Probably Yes

Last month, the U.S. Department of Labor (USDOL) issued an Administrator's Interpretation aimed at addressing what it characterizes as the “problematic trend” of employers misclassifying workers as independent contractors...more

You Can Check Out Any Time You Like… But Your Information Might Never Leave

When you check into a hotel, do you assume that the clerk asks for your license plate number to avoid accidentally towing your car? Or that guest services wants to know how many people are in your group to make sure that...more

Rate Parity Under Attack

Over the last decade, Online Travel Agents (“OTAs”), such as Expedia, Travelocity, and, have gained enormous market power. The OTAs have advertising budgets that dwarf those of most hotels, and they benefit from...more

3rd Circuit Affirms FTC’s Cybersecurity Oversight

If you read one thing: - The Federal Trade Commission (FTC) secured a major appellate victory in its quest to challenge lax corporate cybersecurity practices - In light of the 3rd Circuit’s decision,...more

In FTC v. Wyndham Worldwide, Third Circuit Upholds FTC Authority to Enforce Flawed Cybersecurity Measures

In a much anticipated decision, the Third Circuit Court of Appeals affirmed the authority of the Federal Trade Commission (FTC) to enforce actions against companies who have been subject to a data breach. The FTC sued...more

Online Vacation and Short term Rental Sites: Are Taxing Days Ahead?

In recent years, online vacation and short term rental sites have made great inroads into the hospitality industry. Given their infancy and business model, however, they have gone largely unregulated, particularly when it...more

[Webinar] How Will Browning-Ferris Change the Test for Joint-Employer Status for Union and Non-Union Employers? - August 31st,...

The NLRB is expected to release its long-anticipated decision in Browning-Ferris Industries of California, Inc. shortly, possibly today. This decision will likely mark a radical departure from the currently accepted standard...more

The Macron Law Modifies French Competition Rules and Procedures

The Macron Law Modifies French Competition Rules and Procedures. After seven months of discussions before the French Parliament, the bill on “Growth and Activity and Equality of Economic Opportunities” known as the...more

Proposed Overtime Rules Could Significantly Impact Hospitality Businesses

The U.S. Department of Labor has proposed changes to the Fair Labor Standards Act’s (“FLSA”) overtime exemptions, and President Obama recently announced plans that will extend overtime under the FLSA for salaried “white...more

Hotels Troubled over Potential Expedia-Orbitz Merger

Expedia, Inc. (“Expedia”) is in the works to acquire Orbitz Worldwide, Inc. (“Orbitz”) for $1.6 billion dollars. This news arrives on the heels of Expedia’s purchase of Travelocity for $280 million in January, 2015. The...more

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