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|Recent Decisions Enforcing Arbitration Provisions|
Angela L. Beblo, Brienne T. Marco, Sarah B. Smith; Spilman Thomas & Battle, PLLC;
October 15, 2013, previously published on October 10, 2013For banking executives and in-house counsel, arbitration can be a preferable alternative to litigation to avoid costly trials and home-town advantages. In this article, we highlight four recent court decisions that affect the way arbitration clauses are enforced. In June, the West Virginia Supreme...
|Ninth Circuit Holds that a Properly Structured Voluntary Rental Program Offering Does Not Convert Hotel Condominium Units into Securities|
Richard F. Davis; Greenberg Traurig, LLP;
September 30, 2013, previously published on September 27, 2013In a case involving the offering of 450 condominium hotel units and a rental program at the Hard Rock Hotel in San Diego, California, the Ninth Circuit Federal Court of Appeals found in favor of the sponsor and upheld the real estate purchase and sale agreements as just that, a real estate contract...
|Netherland Antilles Employee Allowed to Continue Gender Bias Suit against Employer's U. S. Sister Company|
Celia M. Joseph; Fisher & Phillips LLP;
September 26, 2013, previously published on September 20, 2013In a case that will certainly be of interest to multi-national companies with subsidiaries and affiliates in numerous countries, a New York Federal Court recently allowed a U.S. company to be sued by an employee of its sister affiliate in St. Maarten, Netherlands Antilles. On August 7, 2013, in...
|Sixth Circuit Affirms 'Dirtiest Hotel' Defamation Ruling|
Jeffrey D. Neuburger; Proskauer Rose LLP;
September 25, 2013, previously published on September 23, 2013We previously wrote about a Tennessee district court’s decision holding that a hotel’s inclusion at the top of the 2011 TripAdvisor “Dirtiest Hotels” list constituted hyperbolic opinion and rhetorical exaggeration, and thus was not actionable under Tennessee defamation law....
|How Immigration Reform Can Attract Increased Tourism Revenue|
Anton F. Mertens, Anna L. Scully; Burr & Forman LLP;
September 18, 2013, previously published on September 12, 2012The U.S. immigration system often is not conducive to short visits for tourism, making the U.S. a less than attractive vacation destination for international travelers. The State Department, which administers the processes for getting visitor access to the U.S., must balance concern for national...
|Fast Food Strikes Spread Across the Nation|
Joshua J. Sudbury, Scott V. Wagner; Ford & Harrison LLP;
September 3, 2013, previously published on August 2013Executive Summary: Recently, unions and union-backed workers' centers have set their sights on employers in the restaurant industry, particularly those operating fast-food establishments. While the groups have touted higher wages and better benefits as the reason for their crusade, another...
|Worker Centers Get Active and Get Attention|
David P. Phippen; Constangy, Brooks & Smith, LLP;
September 2, 2013, previously published on August 2013In recent weeks, fast food and retail workers have gone out on one-day strikes in cities across the nation. The strikes are evidence that a new type of organization is having an increasing role in the nation's labor-management relations. "Worker centers" are often closely affiliated with...
|Survival of the Fittest: Why Do Some Franchise Systems Survive When Other Fail?|
Corby Cochran Anderson, Ted P. Pearce; Nexsen Pruet, LLC;
August 29, 2013, previously published on August 2013What had 28 flavors, nearly 1,000 locations, and a ubiquitous orange roof? If you answered Howard Johnson's Restaurants, then you are one of a dwindling number of people who can still appreciate the power that brand once had. At one time, Howard Johnson's was the largest restaurant chain in the...
|Minnesota High Court Rules Tips are Wages under State Law|
Jackson Lewis P.C.;
August 28, 2013, previously published on August 23, 2013Employers who require restaurant employees to pay for cash register shortages, customer walkouts and unsigned credit card receipts from their gratuities violate Section 181.79 of Minnesota Statutes on “unlawful deductions,” the Minnesota Supreme Court has held. Karl, et al. v. Uptown...
|Defendant to Prove Consent Unless Plaintiff Pleads Himself Out of Court by Admitting Consent|
Kronick Moskovitz Tiedemann Girard A Law Corporation;
August 28, 2013, previously published on August 26, 2013After receiving a text on his cell phone offering him a free cruise, an Illinois man was disappointed to discover that the offered cruise was not really free. He sued the cruise company in federal court, alleging violations of the federal Telephone Consumer Protection Act and state consumer...