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Hotels and Consumers Making Headway in Anti-Room Poaching Battle

It’s estimated that room poaching results in upwards of $1.3 billion in lost revenue for hotels and lost funds for consumers every year. As hotels and consumers look for a way to fight against these losses, trademark infringement may be emerging as the most effective tool. Room poaching occurs when companies position themselves as an ...
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5 Things Businesses Need to Do If They Think They’re About to Be Sued

How prepared are you to handle being sued?  The shock of a lawsuit often catches businesses off guard, leaving them vulnerable to complications that could have been easily avoided.  Having a plan and acting swiftly can go a long way in terms of limiting your exposure, minimizing unnecessary case hiccups and maintaining a healthy morale ...
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Recent Verdict Strengthens the Growing Need for Websites to Increase Accessibility to Disabled Individuals

A recent case in federal district court in Florida foreshadows the beginning of an expanded reach of Title III of the Americans with Disabilities Act (ADA). As a whole, the Act prohibits discrimination on the basis of disability. Recently, a growing number of lawsuits filed by the Department of Justice (DOJ) and private litigants threatening ...
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OTA & Travel Distribution Updates – June 23rd, 2017

“OTA & Travel Distribution Updates” is posted weekly by Duff on Hospitality Law, which is run by Greg Duff of Garvey Schubert Barer. Originally begun as an exclusive update to clients, these pieces are now publicly distributed a week behind the exclusive update. Although these posts are a week or two behind the initial update, ...
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Reading the Fine Print: Changes in Legal Framework for the Assessment and Display of Service Charges

by Ruth Walters Service charges, administrative charges, surcharges, house fees—whatever you call those charges assessed for food and beverage service in restaurants and in hotels—the rules about how they need to be disclosed to guests and how they must be allocated are propagating. More and more cities, municipalities and other local legal bodies are taking ...
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Can SafeHer, a Women-For-Women Ridesharing Company, Overcome the Challenges of Anti-Discrimination Laws?

Despite lawsuits and persistent legal uncertainties, the “sharing economy” is booming, and the companies at its forefront continue to grow.  Some of these businesses are a natural complement to the hotel industry, while others directly compete with it.  Whatever may become of these companies as they are reined in by regulation, one thing is certain: the ...
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Please Don’t Pass the Salt (Labels): The Fight Over NYC’s Sodium Labeling Rule

After surviving its first go-around in court, New York City’s attempt to require restaurateurs to add sodium warnings to their menus has hit a roadblock in the form of a temporary injunction. Perhaps taking inspiration from the FDA’s recent imposition of nutrition-labeling requirements on restaurant menus, the New York City Board of Health had approved ...
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Credit Card Fraud Liability Shift is Here

Most credit and debit cards in the U.S., and the point of sale terminals and ATMs that read them, still use “magnetic stripe” technology. Magnetic stripes are obsolete and relatively insecure, allowing fraudulent practices such as “skimming” (acquiring cardholder and account data by “reading” the strip, and then making fraudulent transactions or counterfeit cards). Magnetic ...
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Sharing is Daring under Browning-Ferris

From franchisers and companies hiring workers through staffing agencies to participants in the so-called “sharing economy,” companies and individuals today enter into a variety of contractual arrangements to reduce costs and to maximize available capital, flexibility, talent and efficiency in delivering goods and services. The recent decision of the National Labor Relations Board (“NLRB” or ...
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