The U.S. Federal Trade Commission’s recent decision to ban non-compete agreements marks a pivotal shift in employment regulations nationwide. This rule not only prohibits new agreements but also retroactively impacts existing ones.
In many circles, the term 'litigation' refers to the process that starts with the filing of a lawsuit in the traditional court system and includes all that follows until a final resolution. This more restrictive definition does not include arbitration or other alternative dispute mechanisms.
In Pennsylvania, the state’s attorney general reached settlement agreements with Omni Hotels & Resorts, Choice Hotels International and Marriott International over their fee disclosure practices. According to Mark S. Adams, the main objective in these cases was to ensure full transparency. If a hotel has a mandatory fee, they will have to let customers know upfront.
On July 1, 2024, a Comprehensive Ban on Pricing Goods and Services Without Including All Mandatory Fees Will Go into Effect in California. In the This Article, JMBM Partner Mark Adams Discusses the Implications of These Legal Developments for Hotel Owners. He Emphasizes the Need for Full Transparency to Avoid Financial Penalties, Litigation, and Reputational Damage.
In 2021, Congress passed the Corporate Transparency Act in order to combat money laundering and other illegal activities. The CTA goes into effect on January 1, 2024, and requires almost all businesses to file a report with FinCEN identifying their beneficial owners. JMBM’s Taxation, Trusts & Estates Department has written an article detailing the steps businesses should take to prepare for this new law.
Many hotel owners already know they need to pay attention to Americans with Disabilities Act (ADA) compliance, both to provide a positive experience for guests and to avoid costly litigation. A proposed new California law, however, should bring their focus to website accessibility; if adopted, business owners, as well as their web developers, would be vulnerable to substantial statutory damages and attorney’s fee if sued by a plaintiff who succeeds in court.
This month, the Securities and Exchange Commission (SEC) announced new rules requiring companies who experience a cybersecurity attack to publicly disclose the impact of the attack within four days. Hotel companies whose securities are registered with the SEC should take note of these regulations and develop a robust incident response plan. Bob Braun outlines the new regulations.
Stuart Tubis, a partner in JMBM’s ADA Compliance and Defense practice, recently presented on why accessibility legislation is something all business owners should be aware of, and how many lawsuits have shifted focus to online spaces instead of brick-and-mortar locations.
Data privacy and security continue to be significant issues for hotel owners, operators, brands, and managers, representing the potential for both financial and reputational impacts. One important piece of the puzzle is which of the many entities involved in a hotel property is responsible for collecting, sharing, using and storing the personal data of guests and employees.
In addition to protecting the personal information of guests in compliance with the EU’s General Data Protection Regulation and California’s Consumer Privacy Act, hotel operators and owners need to extend the same protections and rights to their employees and the information collected from them. Bob Braun outlines hotel employer obligations in this article, along with suggested next steps.