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Hospitality Litigation: Asset Managers, Hotel Operators and Franchisors

Originally published on HotelExecutive.com In the hotel industry, the myriad of complex business relationships also creates legal land-mines for the unwary. In that regard, hotel asset managers, hotel operators and franchisors should be extremely mindful of their legal obligations to their client, the owner of the hotel. Even if the hotel is a single asset, ...
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Time Flies When You Are Having Fun: Start getting those H-1B petitions ready for the 2015 filing season

Yes, it’s that time again – time to prepare to file your H-1B petitions for Fiscal Year 2016. Starting April 1, 2015, the U.S. Citizenship and Immigration Services will begin accepting H-1B petition filings – subject to the cap – for the next fiscal year, which begins October 1, 2015. We strongly recommend that H-1B petitions ...
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Does Your Hotel or Resort Use Non-Compete, Non-Solicitation or Non-Disclosure Agreements? Should It?

Imagine that your hotel has hired a sales staff to develop conference or resort business. You have paid that sales staff to develop relationships with companies, travel agents and other key people. After years of work and expensive networking, 30 percent of your revenue is now tied to those relationships. Those contacts and relationships are ...
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What’s on the Menu?

The U.S. Food and Drug Administration recently released two final rules for menu and vending machine labeling. “Nutrition Labeling of Standard Menu Items in Restaurants and Similar Retail Food Establishments” significantly expands FDA’s regulatory reach into restaurants and beyond. The rule stems from the Affordable Care Act and the compliance date is Dec. 1. FaegreBD ...
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Like It or Love It: How Not to Get Pinned (Legally) When Using Social Media to Promote Your Brand

Twitter®, Instagram®, Facebook®, Pinterest® and other social media websites and apps are great ways to interact with friends, family and potential customers. They are great avenues for advertising and promotion of one’s business and brand. A brand owner can share their latest offerings, get people excited about new products, develop brand awareness, etc.—the possibilities are ...
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Reducing the “Insider Threat” Risk

We recently provided guidance on reducing the all hazards threat to small business. Readers may remember that we touched on physical threats to your infrastructure and equipment stemming from broken or damaged structures, debris in hallways or access routes, faulty electrical lines, etc. We made brief mention of the “insider threat” but did not dwell ...
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Why Would Employees Tease About Nooses In 2013?

It was surprising and disappointing to read about a punitive damages award against a North Carolina employer who allegedly tolerated employees referring to an African-American coworker as a “coon” and offering him a hangman’s noose. It’s 2013, not 1960. It’s bad enough when one has to defend against fabricated allegations about racial slurs and name calling, ...
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Sixth Circuit Finds All Anti-retaliation Provisions are not Created Equal, but they are Legal Landmines

Generally speaking, employment-related retaliation laws prohibit employers from taking adverse actions against employees who engage in protected conduct, like complaining about discrimination or harassment, or for participating in a governmental investigation. There is no doubt anti-retaliation laws serve a good purpose, but did you know there are at least 40 different federal anti-retaliation laws? This ...
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