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|Swimming Upstream - Americans with Disabilities Act (ADA) Requirements for Swimming Pools|
John E. Haller; Shumaker, Loop & Kendrick, LLP;
May 28, 2013, previously published on Spring 2013As of January 31, 2013, all existing pools located at “public accommodations” must meet ADA standards. This requires the installation of a fixed lift for the pool areas. This short article attempts to answer some of the frequently asked questions with regard to whether a pool is subject...
|DOL To Focus on "Tipping Policies" When Investigating Restaurant Practices|
Nathan Johnson; Constangy, Brooks & Smith, LLP;
May 27, 2013, previously published on May 22, 2013The Wage and Hour Division of the Department of Labor has identified a target for its enforcement initiatives - the restaurant industry. These initiatives specifically target how restaurants comply with the Fair Labor Standards Act, particularly with respect to tipping policies. Such initiatives...
|Culture, Media and Sport Committee backs draft Gambling Bill|
Gemma Boore, William Haig, Moris Mashali, Michael McCormack; Edwards Wildman Palmer LLP;
May 23, 2013, previously published on May 2013On 1 May 2013, the House of Commons Culture, Media and Sport Committee (the Committee) published a report (the Report) on their pre-legislative scrutiny of the draft Gambling (Licensing and Advertising) Bill (the Bill). The Bill, proposes to address changes in technology and the market, as well as...
|Hong Kong - Applying Securities Laws to Sales of Hotel Units|
Jeffrey A. Horwitz, Jeremy C. Leifer, Yuval Tal; Proskauer Rose LLP;
May 21, 2013, previously published on May 18, 2013In a move that represents a first in Hong Kong, one of the territory's largest listed property developers, Cheung Kong (Holdings) Limited and certain of its subsidiaries have entered into an agreement with the Securities and Futures Commission (SFC), the securities regulator, to unwind a sale of...
|Fast Food Walkouts May be Just Beginning|
Alec J. Beck; Ford & Harrison LLP;
May 16, 2013, previously published on May 13, 2013Executive Summary: The well-publicized citywide fast food walkout in New York City on April 4, followed by another in Chicago on April 24, appear to be just the beginning of efforts to pressure fast food restaurants into paying higher wages.
|Fourth Circuit Reverses and Remands Maryland District Court Grant of Summary Judgment for Defendant, Marriott International, on the Basis of forum non conveniens|
Jhanelle A. Graham; Semmes Bowen Semmes A Professional Corporation;
May 15, 2013, previously published on May 2013In Mary DiFederico v. Marriott International, Inc., the United States Court of Appeals for the Fourth Circuit was asked to determine whether, on the basis of forum non conveniens, Pakistan was an available, adequate, and far more convenient forum to hear a wrongful death action and survivorship...
|Proposed Legislation to Expand Growler Sales in North Carolina|
M. Keith Kapp, Jennifer A. Morgan; Williams Mullen;
May 15, 2013, previously published on May 13, 2013Retailers in North Carolina, including grocery stores, bars, restaurants, and specialty beer and wine shops, may soon be allowed to fill and sell growlers to customers for off-premises consumption if new legislation currently being considered by the North Carolina General Assembly goes into effect.
|Would You Like Fries, or a Collective Action Overtime Lawsuit, With That Burger?|
Andrew E. Tanick; Ford & Harrison LLP;
May 13, 2013, previously published on May 7, 2013A number of well-known restaurant chains have been hit with lawsuits over the last few years alleging that their exempt managers or assistant managers were indeed non-exempt and therefore should have been paid overtime. These cases demonstrate that simply calling employees managers and paying them...
|Leaning Tower of Pizza - Court Denies Pizzeria’s Motion for Summary Judgment Related to the Demolition of the Leaning Building it Leased: Motorino Williamsburg, Inc. v Rivera|
Adam M. Rafsky; Farrell Fritz, P.C.;
April 15, 2013, previously published on April 9, 2013In a March 15, 2013 decision by Justice Schmidt, the court denied the plaintiff’s motion for summary judgment. The action arose out of a commercial lease entered by Motorino as lessee and Rivera as lessor, for the first floor of a four-floor mixed use building (“Building”); the...
|Ontario Court of Appeal Upholds Lower Court Decision on Franchisee Right of First Refusal|
Stefanie Holland; Cassels Brock & Blackwell LLP;
April 5, 2013, previously published on April 4, 2013In 3574423 Canada Inc. v. Baton Rouge Restaurants Inc., the Ontario Court of Appeal recently upheld the judgment of Justice David M. Brown of the Superior Court of Justice dismissing the action of a franchisee who was seeking damages for the alleged failure of a franchisor to properly and fully...