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HTMLOnline Travel Agent and Hotel Operators - Agent or Principal?
Anne-Marie Chirema, Mark A. Prinsley; Mayer Brown International LLP;
Legal Alert/Article
July 16, 2013, previously published on July 11, 2013
The UK Court of Appeal has given a significant judgment on the question of whether an online travel agent is acting as a principal or an agent in relation to liability for VAT on the provision of hotel accommodation.

 

HTMLThe Sagas of Strata-Sale of Hotel Units in Hong Kong
Andrew P. B. MacGeoch, Emily I. C. Wong; Mayer Brown JSM;
Legal Alert/Article
July 15, 2013, previously published on July 11, 2013
In Asia, we have been seeing more strata-sale of hotels by property developers in recent years. This usually involves a developer selling hotel units to individual purchasers who then put the hotel units back into the hotel inventory to be rented out to third-party guests. Such individual...

 

Adobe PDFThe "Effective Vindication" Doctrine is a Virtual Dead Letter After American Express Co. v. Italian Colors Restaurant
Stephen A. Fogdall, Christopher A. Reese; Schnader Harrison Segal & Lewis LLP;
Legal Alert/Article
July 5, 2013, previously published on July 2013
On June 20, 2013, the U.S. Supreme Court, in American Express Co. v. Italian Colors Restaurant, No. 12- 133, held that the Federal Arbitration Act (FAA) requires courts to enforce a contractual waiver of class action procedures in an arbitration clause, even where the practical effect of such a...

 

HTMLTip Pooling Clarified by New York's Top Court
Tiffany Ma; Clifton Budd DeMaria LLP;
Legal Alert/Article
July 5, 2013
The New York Court of Appeals issued an important decision relating to tip pools. The case involved shift supervisors and assistant store managers who perform similar entry-level customer service roles as front-line baristas who take orders, make coffee, and operate the cash registers. The Court...

 

Adobe PDFSupreme Court’s American Express Decision Further Strengthens Employers’ Ability to Enforce Class Action Arbitration Waivers
Alston Bird LLP;
Legal Alert/Article
July 4, 2013, previously published on July 2, 2013
The United States Supreme Court’s June 20, 2013, decision of American Express Co. et al. v. Italian Colors Restaurant will further bolster employers’ ability to enforce class action waivers contained in arbitration agreements. Historically, in the employment context, employee-friendly...

 

HTMLSupreme Court Further Affirms the Right to Enforce Arbitration Agreements, Including Class Action Waivers
Downey Brand LLP;
Legal Alert/Article
July 3, 2013, previously published on July 2013
Italian Colors Restaurant in Oakland, California, along with several other restaurants, filed a class action suit against American Express alleging the company’s high, and often hidden, fees were forced upon the restaurants in a monopolistic fashion. American Express moved to enforce its...

 

Adobe PDFDecision Alert: Supreme Court Holds Class Action Waiver in Arbitration Agreement is Enforceable
Patterson Belknap Webb Tyler LLP;
Legal Alert/Article
July 3, 2013, previously published on June 2013
In a 5-3 ruling in American Express Co. v. Italian Colors Restaurant (“Amex”), 570 U.S. --- (2013), the Supreme Court reversed the Second Circuit and held that an arbitration provision that barred class actions was enforceable.

 

HTMLToo Darn Bad: The Supreme Court Rejects Vindication of Federal Statutory Rights as a Ground to Invalidate Class Action Waivers in Arbitration Agreements
S. Elaine McChesney, John R. Snyder; Bingham McCutchen LLP;
Legal Alert/Article
July 1, 2013, previously published on June 24, 2013
The Supreme Court has definitively declared that contractual waivers of class arbitration are valid and enforceable even if the plaintiff’s cost of individually arbitrating a federal statutory claim would exceed the potential recovery. American Express Co. v. Italian Colors Restaurant, No....

 

HTMLGood News for Employers: Supreme Court Approves Class-Action Arbitration Waiver
Hinshaw Culbertson LLP;
Legal Alert/Article
June 26, 2013, previously published on June 25, 2013
In a significant victory for businesses and employers, the U.S. Supreme Court ruled on June 20, 2013, that a class-action waiver in an arbitration agreement is valid and enforceable under the Federal Arbitration Act (FAA) even if the costs of prosecuting the claim on an individual basis are...

 

Adobe PDFSupreme Court Holds That Express Class Action Waivers In Arbitration Agreements Are Enforceable Even When The Expense Of Conducting Individual Arbitration Exceeds The Potential Recovery
Meckler Bulger Tilson Marick Pearson LLP;
Legal Alert/Article
June 26, 2013, previously published on June 20, 2013
Earlier today, the Supreme Court issued its ruling in American Express Company v. Italian Colors Restaurant, holding that a contractual waiver of the right to class arbitration is enforceable under the Federal Arbitration Act ("FAA") even if the cost of individual arbitration exceeds the...

 


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