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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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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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