Resorts & Restaurants

News & Analysis as of

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

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 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

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

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’

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

There’s a New (Cybersecurity) Sheriff in Town: FTC vs. Wyndham

On August 24, 2015, the Third Circuit United States Court of Appeals issued its ruling in Federal Trade Commission v. Wyndham Worldwide Corporation. The case was highly anticipated by the data security community generally for...more

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

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

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

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?

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

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

High Rollers Are Fine but Resort Casino Needs Orange Line Riders to Thrive

On the sidewalks of Everett, I have heard it said that Steve Wynn is quietly planning to lure planeloads of nouveau riche from the People’s Republic of China to his new “Wynn Everett” casino on the banks of the Mystic...more

Fifth Circuit Tips Its Hand as to Analysis of FLSA’s Tip Credit

Restaurants throughout the Fifth Circuit, and even beyond, should review the recent decision of Montano v. Montrose Restaurant, which discusses the often tricky and always fact-intensive question of whether a restaurant...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

Carbon Monoxide Detectors Now Required in Commercial Buildings in New York

An amendment to the Executive Law of New York State modifying the Uniform Fire Prevention and Building Code became effective on June 27, 2015, which now requires owners of existing commercial buildings to install carbon...more

Fifth Circuit Rules on Tip Pooling

In Montano v. Montrose Restaurant Associates, Inc., the U.S. Court of Appeals for the Fifth Circuit was presented with what may seem like an easy issue:  does including a “coffeeman” in a tip pool invalidate the tip credit? ...more

Winn Everett's Environmental Virtues Are Yin to the Yang of Casino Profits

The site in Everett where Steve Winn wants to build a resort/destination casino at a cost of more than a billion dollars has got to be the most run-down, contaminated, crummy looking oceanfront properties in Greater Boston. ...more

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