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HTMLOn Your Marks for the Olympics
Jonathan P. Armstrong; Duane Morris;
Legal Alert/Article
January 26, 2012, previously published on January 25, 2012
With the Olympics now a little more than six months away, most businesses are fine-tuning their contingency plans. Businesses large and small—whether based in Europe or simply having people pass through—need to be prepared. The Olympics will run from 27 July to 12 August with venues all...

 

HTMLAdvance to State Court: Class Action Lawsuit Filed over McDonald’s Monopoly Sweepstakes Promotion For Failure to Include Abbreviated Rules
Jesse M. Brody, Alan L. Friel; Edwards Wildman Palmer LLP;
Legal Alert/Article
January 23, 2012, previously published on January 2012
An Illinois resident who believed he won a Nissan Leaf as part of McDonald’s Monopoly game promotion this past fall has filed a class action lawsuit against the fast-food chain in Illinois state court, claiming McDonald’s game materials were deceptive and violated state law. In Siegel...

 

HTMLDispute Serves Up Lessons for Restaurateurs in Employee Defection and Trade Secrets
Risa B. Boerner, Brent A. Cossrow; Fisher & Phillips LLP;
Legal Alert/Article
January 18, 2012, previously published on January 15, 2012
A case pending in New York federal court, BLT Restaurant Group LLC v. Laurent Tourondel, Michael Cinque and LT Burger, Inc., provides a reminder of important lessons for professionals in the food services and restaurant industry regarding employee defection and trade secrets issues. The case arose...

 

HTMLTennessee Hotel and Motel Industry Targeted in Department of Labor Enforcement Effort
David A. Prather, Salvador P. Simao, Delaine R. Smith; Ford & Harrison LLP;
Legal Alert/Article
December 21, 2011, previously published on December 20, 2011
Executive Summary: The hotel and motel industry has long been an enforcement priority for the U.S. Department of Labor's Wage and Hour Division (WHD). Recently, however, the WHD has embarked upon a multiyear enforcement initiative focused on the hotel and motel industry in Tennessee. Regulators...

 

Adobe PDFFood Services Providers & Investigations by State Attorneys General
William H. Devaney, Doreen S. Martin, Kristine A. Sova, Michael J. Volpe; Venable LLP;
Legal Alert/Article
December 16, 2011, previously published on December 2011
New York State’s new Taxpayer Protection Bureau, which New York State Attorney General Eric Schneiderman established in January 2011, was designed to eliminate fraud and recoup money illegally taken from New York State taxpayers. The Taxpayer Protection Bureau recently targeted a food...

 

HTMLOfficer of Franchisor Held Liable as an “Employer” Under the Employee Polygraph Protection Act
Erica V. Mason; Baker, Donelson, Bearman, Caldwell & Berkowitz, PC;
Legal Alert/Article
December 9, 2011, previously published on December 8, 2011
What happens when circumstances mix franchising and the family business? Odd results that expand the notion of when a franchisor or its officer is an employer under federal employment statutes. In a case of first impression interpreting the Employee Polygraph Protection Act (EPPA) in the context of...

 

HTMLAre Shuttle Drivers Franchisees or Employees? Ninth Circuit Wants Lower Court to Decide
Joel R. Buckberg; Baker, Donelson, Bearman, Caldwell & Berkowitz, PC;
Legal Alert/Article
December 9, 2011, previously published on December 8, 2011
Air travelers are familiar with the ubiquitous blue vans bearing the SuperShuttle logo that whisk travelers to the local destinations of their choice. Since 2001, the drivers of those vans have been franchisees under unit franchise agreements. The parent entity leases the vans to the...

 

HTMLFighting Fire with Fire: Federal Court Orders Cancellation of Firehouse Subs’ Trademark after Jury Finds Fraud on the PTO
Jillian M. Suwanski; Baker, Donelson, Bearman, Caldwell & Berkowitz, PC;
Legal Alert/Article
December 9, 2011, previously published on December 8, 2011
The Federal District Court for the District of South Carolina recently upheld a jury verdict against Firehouse Restaurant Group, Inc. (FRG), the owner of the “Firehouse Subs” sandwich chain, creating potentially significant challenges for the franchise system and providing a cautionary...

 

HTMLThe New Tag Team - Antitrust and FCPA
John G. Calender; Baker, Donelson, Bearman, Caldwell & Berkowitz, PC;
Legal Alert/Article
December 9, 2011, previously published on December 8, 2011
Is your company seeking new markets outside the U.S. and North America, or engaging more actively in industry trade associations, conferences and events? The attraction of foreign markets and enhanced industry participation carries a cautionary element: the need to develop and implement more...

 

HTMLThe Future of Tip Credit - And The Businesses That Depend Upon It
Karen L. Luchka, J. Hagood Tighe; Fisher & Phillips LLP;
Legal Alert/Article
December 1, 2011, previously published on December 2011
The U.S. Supreme Court is being asked to decide what amounts to the future of tip credit for many businesses - particularly in the hospitality industry. In short, the issue is whether an employer can continue to pay tip credit employees on a tip credit basis if they spend more than 20% of their...

 


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