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Appeals Hotels

Conn Kavanaugh

Massachusetts Appeals Court Expands Chapter 93A to Encompass Hotel’s Failure to Warn Guest of Non-Solicitation Policy

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With each decision, the courts give shape to Chapter 93A. This is Attorney Thayer’s second article on such decisions. To read his July 2023 coverage, click here. In a surprising decision that heightens potential exposure...more

Foster Garvey PC

Online Travel Update: Hopper introduces price freeze for hotels; Expedia aims to be one-stop shop cruise agency; Tripadvisor...

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This week’s Update features a number of important stories, including details of Tripadvisor’s official launch of Tripadvisor Plus in the United States and an important update on the 1-800 Contacts FTC enforcement action....more

Smart & Biggar

Federal Court of Appeal does not disturb lower court’s finding of 'use' for hotel services

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In a highly anticipated decision, the Federal Court of Appeal recently held that a trademark owner could demonstrate “use” of a trademark in Canada in association with “hotel services” in the absence of a brick-and-mortar...more

Foster Garvey PC

OTA & Travel Distribution Update: Radisson partners with Hotelbeds; Expedia offers more details on its partner recovery program

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Perhaps it was Canada Day or the Fourth of July holiday weekend, but last week was relatively quiet in the distribution world. Enjoy....more

Patton Sullivan Brodehl LLP

Appointment of a Nuisance Abatement Receiver: No “Financially Viable” Plan for Rehabilitation Needed

Under California law, receivers can be appointed for many purposes. Sometimes a “general equity” receiver is appointed to take control of a business entity and its assets where the decision-makers are deadlocked in...more

Foster Garvey PC

OTA & Travel Distribution Update: Google adds travel rivals’ direct links within search results due to mounting pressure from the...

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Both Google and Expedia are featured prominently in this week’s Update, particularly Barry Diller and his many colorful statements made during last week’s Expedia earnings call. Enjoy....more

Sheppard Mullin Richter & Hampton LLP

Fall Season Results in California Coastal Commission Victories

This Fall, the California Coastal Commission (“Commission”) was handed down two significant victories, further cementing its authority and jurisdiction within California coastal zones. These cases demonstrate that, in certain...more

Perkins Coie

Agency Inaction Is Not a CEQA Project

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An agency’s failure to maintain a historic building—“demolition by neglect”—is not a “project” subject to CEQA. Lake Norconian Club Foundation v. California Department of Corrections and Rehabilitation, No. A154917 (First...more

Foster Garvey PC

OTA & Travel Distribution Update: The UK Competition and Markets Authority declares victory; Sabre pronounces that the DOJ case is...

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A good mix of stories in this week’s Update, including another name change for one of the largest OTAs. Enjoy....more

Foster Garvey PC

OTA & Travel Distribution Update: The hotel resort fee saga targeting Marriott continues; non-cancelable rates at the heart of...

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This week’s Update includes additional background information regarding the ongoing resort fee saga, which many of you requested. Enjoy....more

Genova Burns LLC

“Borgata Babes” May Challenge the Hotel’s Personal Appearance Standards in Court

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The remaining plaintiffs in the 11-year old, “Borgata Babes” case can proceed to litigate alleged violations of the New Jersey Law Against Discrimination (LAD). On May 20, 2019, the Superior Court of New Jersey, Appellate...more

Foster Garvey PC

OTA & Travel Distribution Update: Booking.com's victory over contract terms with hotels in Swedish court appeal; Expedia under...

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This week features another travel-shortened OTA & Travel Distribution Update. We will return with our regular format next week....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Employment Law Legends, Episode 1 – Employment Law Reborn: West Coast Hotel v. Parrish

Our new series, Employment Law Legends, examines pivotal employment law cases—from the history behind them to their lasting impact. In the first episode of the series, Paul Rinnan discusses West Coast Hotel v. Parrish, a case...more

Foster Garvey PC

OTA & Travel Distribution Update: U.S. Circuit Court deals a blow to short-term platforms; Google continues steady evolution; a...

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U.S. Circuit Court Deals a Blow to Short-Term Platforms - ("Airbnb Loses Major Fight Over California City's Rental Law," Bloomberg Quint - Stories, March 13, 2019) In somewhat of a surprise ruling issued last week, the...more

Smart & Biggar

Year-end Round-up: Notable Trademark Case Law From 2018

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There were many interesting trademark cases coming out of 2018, a few of which are discussed below. The scope of Canada’s anti-dilution remedy (section 22 of the Trademarks Act) is not limited to a defendant’s use of a...more

Foster Garvey PC

OTA & Travel Distribution Update:  Global distribution systems noted by appeals court as being 'rather backwards'; German...

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This week’s Update features a variety of stories on traditional GDS, metasearch and wholesale channels. Enjoy....more

Carlton Fields

Clearing The Air: Tenth Circuit Strikes Down An Indoor Air Quality Exclusion, Citing Ambiguity

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Ambiguity strikes again. While the heavily litigated pollution exclusion is well-known in the insurance world, its progeny—the indoor air exclusion—only recently has started making its way around the block. ...more

Perkins Coie

Port Master Plan Conflicted with Coastal Act Goals

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A core principle of the California Coastal Act is to maximize public access to the coast, including recreational opportunities in the coastal zone. The Court of Appeal determined that the Coastal Commission acted within its...more

Farrell Fritz, P.C.

Appellate Division Revives Challenge to New York City’s Moratorium on Hotel Conversions

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In Real Estate Bd. of New York, Inc. v. City of New York, Petitioner-Plaintiff Real Estate Board of New York, Inc. (“REBNY”) commenced a hybrid article 78 proceeding and plenary action against the City of New York (“City”)...more

FordHarrison

Ninth Circuit Perpetuates Uncertainty in 80/20 Rule for Employers of Tipped Workers

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On September 18, 2018, a year after a three-judge panel of the United States Court of Appeals for the Ninth Circuit affirmed the dismissal of Marsh v. J. Alexander’s LLC, 869 F.3d 1108, a larger en banc panel of the court has...more

Smart & Biggar

You don’t need to build it for them to come: Federal Court affirms trademark “use” for services does not require bricks and mortar...

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Non-Canadian hoteliers have reason for celebration following the release of the Federal Court of Canada’s anticipated decision in Hilton Worldwide Holding LLP v Miller Thomson LLP, 2018 FC 895 (Hilton Worldwide)....more

Foster Garvey PC

OTA & Travel Distribution Update - Job postings hint at TripAdvisor's growing interest in travel packages; Orbitz held to be a...

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Job Postings Hint at TripAdvisor’s Growing Interest in Travel Packages - ("TripAdvisor Hints at Its Growing Interest in Vacation Package Search," Skift Travel New, September 6, 2018) Since April of this year, TripAdvisor’s...more

Foster Garvey PC

OTA & Travel Distribution Update - Vertical vs. horizontal restraints on trade; Despegar's product diversification; TUI's...

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Our weekly client OTA & Travel Distribution Update for the week ending May 11, 2018 is below. This week’s Update features a variety of stories, including the third installment in our six-part series dissecting recent...more

Fisher Phillips

Web Exclusive: March 2018: The Top 13 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes all through 2017. And if the first three months...more

Foster Garvey PC

OTA & Travel Distribution Update - German coalition's plans for increased scrutiny of online platforms; Avvio introduces chatbot...

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This week’s OTA & Travel Distribution Update is below and features a variety of stories – EU regulation, AI-powered chatbots, direct booking, connectivity and taxes....more

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