Legal ( Page 34 )

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Legally Speaking: Avoiding Bath Fall Liability

Some issues in hotel law come and go. Falls in slippery bathtubs have a sticking quality. Liability in this type of lawsuit can be avoided but it takes some attention to those porcelain bastions of cleanliness. In the typical case a guest is showering, loses his balance and falls. Because floors and walls surrounding showers are ...
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Best Practices for Mobile Device Data Security

In 2014, it became official: There now are more active mobile devices in the world than people, according to data compiled by GSMA Intelligence and the U.S. Census Bureau. The rise in mobile devices is not confined to personal use; mobile devices increasingly play an integral role in many business operations. We rely on mobile ...
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The JOBS Act: Potential Impact on the Sale of Hotel Condominium Units

Co-authored by Brian L. Belt Changes in federal securities laws—namely,  the loosening of rules on solicitation and advertising—may have opened up a new vista for investors and speculators, such that the sale of hotel condominium units could become both more profitable and more common.  What follows are details of these changes and their expected impact. ...
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Passing Credit Card Swipe Fees to Employees and Guests

Our national hospitality practice frequently advises restaurant owners and operators on whether it is legal for employers to pass credit card swipe fees onto employees or even to guests, and the short answer is, yes, in most states. But whether an employer wants to actually pass along this charge and risk alienating their staff or ...
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Suction Entrapment in Hotel Swimming Pools

Background In June of 2002, 7-year old Virginia Graeme Baker drowned when she became stuck to the suction drain outlet of a hot tub.  Baker, who had been swimming without assistance since age 3, was trapped underwater against the drain by the suction force of the water flowing into the drain.  She was unable to ...
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A Guide to Electronically Stored Information Preservation Responsibilities

Co-authored by Thomas W. Tobin The litigation-related duty to preserve relevant evidence, including electronically stored information (ESI), is well established and widely known in the legal community and the business world. Despite broad familiarity with this obligation, many corporate litigants have recently been subjected to severe sanctions due to an increasing judicial intolerance for the ...
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Is the Hotel Industry Due for Another Crash Course in Hospitality 101?

Co-Authored By:  Peter Campbell Sode Whether it’s the Hotel Shangri-La Hotel in Santa Monica, CA, the Millennium Broadway Hotel Times Square NYC, NY, the Comfort Suites Mission Valley Hotel, San Diego, CA or the Fontainebleau Miami Beach Hotel, Miami Beach, FL, allegations of discrimination are not new to the hotel industry. Unfortunately, the hospitality industry ...
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