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HTMLSixth Circuit Affirms 'Dirtiest Hotel' Defamation Ruling
Jeffrey D. Neuburger; Proskauer Rose LLP;
Legal Alert/Article
September 25, 2013, previously published on September 23, 2013
We 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....


Adobe PDFHow Immigration Reform Can Attract Increased Tourism Revenue
Anton F. Mertens, Anna L. Scully; Burr & Forman LLP;
Legal Alert/Article
September 18, 2013, previously published on September 12, 2012
The 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...


HTMLFast Food Strikes Spread Across the Nation
Joshua J. Sudbury, Scott V. Wagner; Ford & Harrison LLP;
Legal Alert/Article
September 3, 2013, previously published on August 2013
Executive 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...


HTMLWorker Centers Get Active and Get Attention
David P. Phippen; Constangy, Brooks & Smith, LLP;
Legal Alert/Article
September 2, 2013, previously published on August 2013
In 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...


HTMLSurvival of the Fittest: Why Do Some Franchise Systems Survive When Other Fail?
Corby Cochran Anderson, Ted P. Pearce; Nexsen Pruet, LLC;
Legal Alert/Article
August 29, 2013, previously published on August 2013
What 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...


HTMLMinnesota High Court Rules Tips are Wages under State Law
Jackson Lewis P.C.;
Legal Alert/Article
August 28, 2013, previously published on August 23, 2013
Employers 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...


HTMLDefendant to Prove Consent Unless Plaintiff Pleads Himself Out of Court by Admitting Consent
Kronick Moskovitz Tiedemann Girard A Law Corporation;
Legal Alert/Article
August 28, 2013, previously published on August 26, 2013
After 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...


HTMLVietnamese Still Not Permitted to Enter Gambling Centres
Quynh-Anh Lam, Nguyet Thi Nguyen, Thao Nguyen; Mayer Brown JSM Vietnam Limited;
Legal Alert/Article
August 28, 2013, previously published on August 22, 2013
Under the recently promulgated decree 86/2013/ND-CP on management of electronic gaming with prizes (Decree 86), the Vietnam government maintains its position that Vietnamese shall not be allowed to enter electronic gaming with prizes centres (Electronic Game Centres).


Adobe PDFCalifornia Court Holds that Employer May be Liable for Acts of Drunken Employee After Attending Company Party
Wendy L. Tucker; Procopio, Cory, Hargreaves & Savitch LLP;
Legal Alert/Article
August 26, 2013, previously published on August 21, 2013
In a disheartening decision for California employers, a California Court of Appeal recently held that an employer who provides alcohol at company parties or events may be liable for its employees’ actions until they sober up.


HTMLSecond Circuit Enforces Collective/Class Action Waiver and Upholds Mandatory Arbitration Agreements
Evan B. Citron, Eric Su; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
August 23, 2013, previously published on August 19, 2013
A recent decision by the Second Circuit Court of Appeals marks a significant victory for employers. Sutherland v. Ernst & Young LLP, which the Second Circuit Court of Appeals decided on August 9, fortifies an employer’s ability to use individual arbitration agreements to avoid wage and...


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