News & Analysis as of

Resorts & Restaurants

Ninth Circuit Joins “Minority” of Courts That Allow Property to be Sold in Bankruptcy Free and Clear of Leaseholds

The Ninth Circuit recently held, in Pinnacle Rest. at Big Sky, LLC v. CH SP Acquisitions, LLC (In re Spanish Peaks Holdings II, LLC), No. 15-35572, 2017 U.S. App. LEXIS 12526, 2017 WL 2979660 (9th Cir. July 13, 2017), that a...more

Vail Resorts announces sustainability, net zero plan

by PretiFlaherty on

Vail Resorts, Inc. -- the largest ski and mountain resort operator in the world -- has announced a comprehensive sustainability commitment that calls for "zero net emissions by 2030, zero waste to landfill by 2030 and zero...more

Crisis Management – Are You Prepared?

by Fisher Phillips on

Newspaper headlines, television airwaves, and social media links are filled with companies dealing with crises on a near-daily basis. Just as Samsung learned in 2016 when its phones were catching on fire, and as United...more

OTA & Travel Distribution Update - March 31st, 2017

by Garvey Schubert Barer on

Some interesting stories in this week’s GSB OTA & Travel Distribution Update (for the week ending March 31, 2017): - Restaurant Bookings Today, Hotel Reservations Tomorrow [SOCIAL MEDIA]. This week’s Chefs & Tech...more

"Roll Out the Barrels" and the "Brunch Bill": Proposed North Carolina Legislation of Interest to the Alcohol Industry and...

by Ward and Smith, P.A. on

There are two bills pending in the North Carolina General Assembly this legislative session that may impact North Carolina breweries, distilleries, retailers, and consumers...more

SpongeBob Restaurant Found To Infringe Viacom’s Trademark

On January 11, 2017, the Southern District of Texas granted Viacom International Inc. summary judgment on its trademark infringement claim against IJR Capital Investments, LLC’s name for its proposed restaurant, “The Krusty...more

Japanese Diet Enacts Controversial Laws to legalize Casinos

by White & Case LLP on

The Japanese Diet has passed a so-called "integrated resort promotion bill" that would legalize casinos in Japan. In the midst of contentious nationwide debates about gambling, the Japanese Diet passed the "Bill...more

California Court Holds No Duty to Defend Under Liquor Liability Coverage Form

In its recent decision in Camp Richardson Resort, Inc. v. Philadelphia Indemnity Ins. Co., 2016 U.S. Dist. LEXIS 155707 (E.D. Cal. Nov. 9, 2016), the United States District Court for the Eastern District of California had...more

Franchisee’s & Self-Employment Taxes

by Dickinson Wright on

In a recent Chief Counsel Advice (CCA 201640014, issued 9/30/2016), the Office of Chief Counsel (“OCC”) of the Internal Revenue Service found that all of a franchisee’s share of earnings from a partnership that operating...more

Florida's Minimum Wage Rises to $8.10 in 2017

Florida’s minimum wage will increase effective January 1, 2017 as follows: - Florida’s minimum wage will increase by five cents from $8.05 to $8.10 per hour. - Florida’s minimum wage for tipped employees will...more

The New Jersey Supreme Court Will Consider Related Questions on Appeal in Two TCCWNA Class Actions

by Bryan Cave on

By now, many retailers have heard of New Jersey’s Truth in Consumer Contract, Warranty and Notice Act, N.J.S.A. §56:12-18 (“TCCWNA”), which is the basis for several class action lawsuits filed in New Jersey state and federal...more

Narrow Construction May Apply When No Evidence Supports Broader Construction

by McDermott Will & Emery on

Addressing claim construction issues, the US Court of Appeals for the Federal Circuit affirmed a claim construction limiting “communications path” to wired communications. Ruckus Wireless, Inc. v. Innovative Wireless...more

Manatt Digital Media - May 2016

In this newsletter, we hear from Jacob Carlson on the latest M&A happenings in the world of Media and Entertainment, with particular attention to hot-button issues such as VR/AR, live streaming, and eSports. Viewed...more

Escape to Paradise at Jimmy Buffett’s ‘Margaritaville’ Resorts, Enjoy Additional Brands

Since launching its first restaurant location in Key West, Fla. in 1987, Jimmy Buffett’s ‘Margaritaville’ has expanded to some of the most popular U.S. destinations. With locations in Orlando, Pensacola, Bossier City, Pigeon...more

10th Circ.: Permit Issuance Is Not State Action For Purposes of 14th Amendment

On April 19, 2016, the U.S. Court of Appeals for the Tenth Circuit, in Wasatch Equality, et al., v. Alta Ski Lifts Company, et al., affirmed the lower court’s dismissal of a lawsuit claiming that the U.S. Forest Service, in...more

Ninth Circuit Approves DOL Rule that Restricts Tip Pooling

by FordHarrison on

Section 203(m) of the Fair Labor Standards Act (FLSA) allows employers of tipped employees to take a tip credit against the employer's minimum wage obligation if: (a) notice of the tip credit is provided, and (b) tipped...more

Ninth Circuit Ices Back-of-House Tip Pools

The Ninth Circuit Court of Appeals has upheld U.S. Department of Labor regulations invalidating tip-pooling arrangements that include kitchen staff and other employees who are not customarily tipped (often referred to as...more

Philadelphia Legislation Makes It Illegal for Single-Stall Bathrooms to Say ‘Men’ or ‘Women’

by Genova Burns LLC on

On November 19, 2015, Philadelphia Mayor Michael A. Nutter signed legislation making it illegal for public restrooms in city-owned buildings, as well as in privately-owned restaurants, hotels and other businesses with public...more

Tip-Toeing Around Class Actions: Can a “No Tipping” Policy End Wage and Hour Litigation in the Hospitality Industry?

by Seyfarth Shaw LLP on

Joining a budding national trend, renowned restaurateur Danny Meyer of Union Square Hospitality Group last week announced that he will eliminate formal tipping at his restaurants starting in 2016. Meyer stated that the new...more

Update on New Orleans Zoning Ordinance

by Baker Donelson on

The new City of New Orleans Comprehensive Zoning Ordinance (“CZO”) became effective on August 12, 2015, but various interested parties have already begun the process of amending this newly-adopted ordinance. Last Thursday,...more

Weekly Privacy Tip #3 – Know how apps are accessing and using your constant location

Everyone loves their smartphone. Everyone loves the newest app. Angry Birds has lots of company now. But most people don’t know the back end of apps and how they are accessing, using and selling your data. Why? Because no one...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

by Fisher Phillips on

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

Swag: What Can Your Hotel Restaurant Accept for Free?

by Garvey Schubert Barer on

A distributor is knocking on your hotel restaurant’s door, offering key chains from a hot new distillery for your customers. A brewery just dropped off coasters for use in the restaurant’s bar. And a winery offered cork...more

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

by DLA Piper on

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

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