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Repeat Offenders: Commonly Cited OSHA Standards in the Hospitality Industry & How to Avoid Them

The law has always been clear that there is no statutory limitation on the length of time that a prior OSHA citation may serve as the basis for a Repeat violation. OSHA historically looked back only three years for past violations, but the Obama Administration extended it to five years. However, the look back period ...
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Severe Weather Business Continuity Planning

Severe weather is usually associated with thunderstorms but can refer to any dangerous or destructive weather event. Thunderstorms form due to instability in the atmosphere, and generally require a humid air mass, sufficient daytime heating of the air, interactions between frontal systems, and wind shear (change in wind speed or direction with height). Severe Thunderstorm ...
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No One Likes Surprises – Corporate Counsel Lessons Learned by Clients

I. Introduction I often think of the words first heard spoken by the Fram Oil mechanic in the television commercial many years ago – “you can pay me now or you can pay me later.” The wisdom of this statement has been proven time and time again. Its application in the legal services context is ...
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The Most Frequent Hospitality Claims

Property ClaimsThe most common types of hotel property claims are: general water damage, sprinkler water damage, hail, wind, and fire. These five causes account for two-thirds of hotel property claims. Fortunately, they are commonly covered by first party property insurance. First party property coverage is for damage to a policyholder’s own property, not for damage ...
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Knowing Water Freezes Does NOT Mean Defendant Should Foresee that Water Will Freeze at a Certain Location

Businesses can control many factors on their property, but they cannot control the weather or alter the laws of physics. Water freezes at 32°F. Ice is slippery. Everybody knows the basic facts of the physical properties of water and ice. Among attorneys, there’s another equally well-known fact: Whenever a plaintiff slips and falls on ice—whether ...
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Five Tips for Protecting Your Company’s Trade Secrets

Protecting your trade secrets and proprietary information is a vital part of your business. Every company needs to have policies and agreements in place to prevent employees from stealing property, and wrongfully soliciting your employees and customers when they leave to work for a competitor. Equally important, you must ensure that newly hired employees understand ...
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The Unique Challenges of Data Security in the Hospitality Industry

The hospitality industry has been in the news frequently over the past year as a result of multiple and significant data security incidents. Nationally recognized hotel and resort brands continue to suffer by cyber-attacks, including theft of payment card data from their retail and food/beverage outlets, and at times theft of guest data from reservations ...
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The Most Aggressive Privacy Law in the U.S.: Tracking the California Consumer Privacy Act of 2018

Signed into law on June 28, 2018, the California Consumer Privacy Act provides the most comprehensive and aggressive privacy law in the United States — despite being pushed through the legislative process in one week. The California State Legislature will reconvene from Summer Recess on Monday, August 6, and it is expected to reevaluate the ...
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Mitigating Risk for Rogue Employee Speech

Generally, employers can be held vicariously liable for the tortious conduct of an employee committed within the scope of his or her employment.  This often arises in the context of negligence cases, such as automobile and workplace accidents.  However, employers can also be held liable for defamatory statements made by their employees when those statements ...
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Disease Threats: How to Secure the Corporate Workplace

A proactive approach to local and international disease threats is an essential and often overlooked safeguard to business productivity and duty of care. Human capital is arguably worth more to a business than tangible assets, because it is often the key competitive advantage that distinguishes a business in the marketplace. Infectious diseases are a constant ...
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