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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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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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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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Lodging Industry Survey on Reasonable Accomodations

Dear Hospitality Professional: HELLO!  The Mid-Atlantic ADA Center at TransCen, Inc., and researchers at the University of Maryland at College Park, are conducting a survey of your experiences with providing reasonable accommodations to employees with disabilities in the hotel and lodging industry. We hope our study’s findings will guide development of training and technical assistance activities for ...
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Tattoos, Haircuts, and Head Coverings

There is no legal requirement that an employer adopt a dress or appearance policy, but many restaurant and hospitality employers are looking to create (or maintain) a certain image. For good business reasons, hospitality employers adopt policies regulating dress and appearance in their workplaces. Employers may not only dictate uniform requirements, but they may expect a certain style and ...
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