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|Decision by State Supreme Court Appellate Division Approves Adirondack Club and Resort Project|
Whiteman Osterman Hanna LLP;
November 3, 2014, previously published on October 20, 2014The Appellate Division of the N.Y.S. Supreme Court has dismissed an appeal from the January 2012 decision of the Adirondack Park Agency to issue permits for the Adirondack Club & Resort project in Tupper Lake, N.Y. The lawsuit raised twenty-eight substantive and procedural claims arising out of...
|Remembering Swimming Pool Safety as Summer Ends|
Katie Nealon; Brayton Purcell LLP;
October 19, 2014, previously published on September 25, 2014From Memorial Day through Labor Day 2014, at least 174 children between the ages of 1 and 14 drowned in swimming pools or spas, according to the USA Swimming Foundation. Of the 174 reports, 112 victims were children younger than age 5. During the same period in 2013, 202 children between the ages...
|Events Outside Our Control - How Can Owners and Operators Contractually Control the Consequences?|
Andrew P. B. MacGeoch, Emily I. C. Wong; Mayer Brown JSM;
October 14, 2014, previously published on October 7, 2014By definition a force majeure is an event outside the control of the parties. However, the parties to a hotel management contract can seek to control some of the consequences, including the allocation of risks, as between the hotel owner and operator.
|Hotel Management Agreements under German Law - Potential Surprises for Asian Investors and Operators|
Jürgen Streng; Mayer Brown LLP;
October 14, 2014, previously published on October 7, 2014Hotel management agreements have become more popular in Germany in recent years. It is therefore worth examining in some detail the regime for such agreements under German law. This article highlights certain unusual provisions applicable to hotel management agreements under German law that may...
|When I'm 64 - New Hospitality Opportunities|
Ian K. Lewis; Johnson Stokes & Master Mayer Brown JSM;
October 14, 2014, previously published on October 7, 2014 The words “When I get older, losing my hair, many years from now” from the old Beatles song about life as a 64-year-old are familiar to many. Sir Paul McCartney is, however, now in his seventies and the song has a rather different relevance to a generation that is now much more focused...
|The Missouri Supreme Court Rules That Parties May Have a Duty as a Joint Employer With Its Contractors Pursuant to the Missouri Minimum Wage Law|
Robert F. Chandler; Baker Sterchi Cowden & Rice, L.L.C.;
October 8, 2014, previously published on September 19, 2014On August 19, 2014, the Missouri Supreme Court overturned a summary judgment in the case of Andro Tolentino v. Starwood Hotels & Resorts Worldwide, et al., No. SC93379, ruling that a hotel chain may be liable to a non-employee plaintiff as a “joint employer” pursuant to the Missouri...
|Restaurant Franchisors Targeted by NLRB and DOL for Claims They are Joint Employers of Franchisees' Employees|
L. Grant Close, David A. Prather; Ford & Harrison LLP;
September 29, 2014, previously published on September 26, 2014Restaurant franchisors are facing efforts from both the National Labor Relations Board (NLRB) and the U.S. Department of Labor (DOL) to make them joint employers of franchisees' employees. The Board's efforts have caught the attention of Congress where a House subcommittee held a hearing on the...
|Hotels & Handguns: What Are Your Guests & Employees Packing?|
Rachael Jeanfreau, E. Fredrick Preis; Breazeale, Sachse & Wilson, L.L.P.;
September 24, 2014, previously published on September 19, 2014A pressing issue for Louisiana hotels is access to firearms by employees, guests, and visitors on hotel premises. In Louisiana, the regulation of firearms affects hotels in two main ways. First, Louisiana law generally allows hotels to prohibit concealed handguns, but a recent amendment to the law...
|Are Airbnb Hosts Regulated by the CPSC? Short-Term Rental Properties May Require Compliance with Pool & Spa Safety Laws|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
September 2, 2014, previously published on August 21, 2014In the wake of the tragic drowning of Virginia Graeme Baker, the granddaughter of former Secretary of State James Baker, Congress passed and President Bush signed into law the Virginia Graeme Baker Pool and Spa Safety Act. The legislation was sponsored by Congresswoman Debbie Wasserman Schultz...
|Enforcing Quality Standards in Hotel Franchise Agreements|
David L. Cahn; Whiteford, Taylor & Preston L.L.P.;
August 12, 2014, previously published on August 6, 2014Take-away. A franchisor’s diligence in conducting and documenting quality assurance inspections is as important as ever, particularly if the franchisor seeks to exercise its ultimate weapon - termination of the franchise agreement. Prudent inspection and documentation practices are...