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Practice Industry: Hospitality, Media & Leisure

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Sex Trafficking Laws: Hospitality, Privacy and Potential Liability – What Happens in That Hotel Room...Matters.
Hanson Bridgett LLP, February 2020

The Issue: The explosive subject of sex trafficking has emerged in the media and in the public's consciousness around the world. Sexual activity in hotel rooms is not new, nor is it illegal for consenting adults. However, there are greater risks for hospitality operators who fail to maintain a certain level of vigilance about whether they may be enabling sex traffickers and facilitating their activities...

Are Co-Living Spaces Here to Stay?
TSMP Law Corporation, February 2020

The sharing economy enters the home as rising property prices drive nomadic millennial singletons to seek an alternative to the inflexible rented apartment.An impromptu foosball game with your neighbour while waiting for the laundry. Cooking classes in a communal Masterchef-inspired kitchen. Movie screenings, board game nights, and in-house yoga and meditation sessions. These are but some of the activities to look forward to if you take up quarters in a co-living facility...

Website Accessibility Lawsuits Continue to Trend Up
Hanson Bridgett LLP, January 2020

This article updates information published in "Is Your Online Business Accessible To Persons With Disabilities?" In 2018, practitioners scouring nationwide federal court records identified more than 2,250 lawsuits filed alleging website inaccessibility under Titles II and III of the Americans with Disabilities Act (ADA)1...

Facebook may be Required to Seek and Erase Illegal Content Worldwide
Heuking Kühn Lüer Wojtek, November 2019

The Court of Justice of the European Union (ECJ) has ruled that hosting providers, in this case Facebook, may be required by a court to seek and erase content which is identical or, under certain circumstances, equivalent to information previously found to be unlawful. In terms of the relevant international law, this obligation could also be extended to content worldwide...

Legal Aspects of Media Activity Report
Wardynski & Partners, October 2019

We now provide you a report devoted to legal issues related to the functioning of the media—both traditional and tech-based. We discuss below some of the most important practical issues in the media business today. The media industry is continually evolving along with the development of new technologies. The appearance of social media redefined how people communicate and impacted how journalists practise their profession...

High Court Blocks Illegal Live Streaming of Premier League Games
A&L Goodbody, September 2019

 For the first time, the Irish High Court has been asked to make a blocking order in regard to the illegal live streaming of Premier League games. Instead of watching Premier League games through legitimate and licensed services, some people were seeking to do so free of charge...

Hanley vs Tampa Bay Sports and Entertainment LLC Putting the Telephone Consumer Protection Act on Ice
Waller, June 2019

The sports world is under attack again for its text marketing tactics directed to consumers. This time the target is Tampa Bay Sports & Entertainment, LLC, the owner of the National Hockey League team, the Tampa Bay Lightning. In a federal class action lawsuit filed in March 2019 (Bryan Hanley vs. Tampa Bay Sports and Entertainment LLC, Case No. 8:19-CV-550-CEH-CPT (M.D...

NLRB Will No Longer Require Employers to Permit Union Organizers in "Public Space" on Employers' Property
Dinsmore & Shohl LLP, June 2019

Overruling 38 years of precedent, the NLRB has determined employers have no duty to permit union organizers to use “public space” to solicit union support on their property.  UPMC and SEIU, 368 NLRB No. 2 (June 14, 2019).  UPMC is a hospital system based in western Pennsylvania.  SEIU organizers visited the hospital cafeteria and distributed organizing materials to employees over lunch discussing union organizing activity...

Super Bowl Shuffle, Remixed: the IP Implications
Dinsmore & Shohl LLP, June 2019

Following their only loss of the 1985-1986 season, the Chicago Bears produced the first hip-hop song recorded by a professional sports team — the “Super Bowl Shuffle.” The Bears went on to win their next 15 games and eventually beat the New England Patriots in Super Bowl XX. The Shuffle became synonymous with the Bears and their victorious season, and 33 years later it found itself at the heart of a lawsuit...

"Legal and Marketing Departments Must Work as a Team for Brand Protection and Promotion in the Sports Industry" by Kevin Brown in Professional Sports and the Law
Waller, April 2019

In the pre-digital age, companies that strategically focused on brand protection and promotion often included only those companies selling directly to consumers - typically through more limited print and radio/television media. Company lawyers and their marketing counterparts might communicate on an as-needed basis when direct legal threats to the brand arose (from customer class actions or competitor advertising claims) or for more routine trademark enforcement measures...

Copyright: An Upgrade is Available
TSMP Law Corporation, February 2019

From re-sharing cat videos to creating memes, tweaks in our three-decade-old Copyright Act will help clarify what’s permissible and what’s verboten as we continue to indulge in our insatiable appetite for social media. Chinese New Year Eve, 2019. Social media was ablaze with a viral video (YouTube link) of an altercation between a Malay Gojek driver and his Chinese passenger objecting to a route that would incur ERP charges...

Pro League Adopts Action Plan Clarifying the Role of Football Agents and Increasing the Transparency in Belgian Football
ALTIUS/Tiberghien, December 2018

An expert panel of the Pro League (the organization representing the interests of all professional Belgian football clubs) appointed by the latter and presided by Belgian minister of State, Melchior Wathelet, was consulted on the role of football agents within the current Belgian football landscape. The panel was asked to formulate recommendations and ‘best practice’-proposals to the Pro League...

A Case of Foot in Mouth Disease
TSMP Law Corporation, December 2018

Whether you are a business pushing out an edgy ad campaign, or one with an unsolicited media crisis on your hands, in the age of the Internet you are just keystrokes away from things going “viral”. It is important to be prepared. Like many bad ideas, it started innocuously enough. In late November, Dolce & Gabbana uploaded a series of videos on its social media platforms that starred a young Chinese woman wearing a red sequin dress...

Starwood Data Breach Serves as Wakeup Call to Tennessee Bars, Hotels and Restaurants
Waller, November 2018

We suspect that thousands of Tennessee restaurants, hotels, bars and other hospitality businesses gather personal information from their customers for marketing purposes.   It’s just a birthdate, address, anniversary, spouse’s name – good stuff to know, right? That’s all fine and dandy until some hacker steals the information...

Media, Entertainment, and First Amendment Newsletter, November 2018
Haynes and Boone, LLP, November 2018

View a PDF of the November 2018 Edition of the Haynes and Boone Media, Entertainment and First Amendment Newsletter. Must Websites Comply With the ADA? Website ADA compliance litigation is all the rage, manifesting itself as an epidemic of “website drive-by lawsuits.” Beyond the litigation controversy, the issue is whether websites must be accessible to the visually-impaired via screen reader software to comply with the ADA. Circuit Courts are split...

Fear of Brave? An Analysis of GDPR Challenges to Behavioral Advertising
Lowenstein Sandler LLP, November 2018

On September 12, 2018, a complaint was submitted to the Irish Data Protection Commission1on behalf of Johnny Ryan, Chief Policy and Industry Relations Officer at Brave Software, Inc., seeking to trigger, for the first time, an EU-wide investigation into certain data practices within the digital advertising industry...

Concerns Over Video Game Gambling Continue to Grow
A&L Goodbody, November 2018

The Gambling Policy Division of the Irish Department of Justice has joined 14 other gambling regulators from around the globe in signing an International Declaration expressing concern about gambling in video games. The regulators presented a united front in addressing the "blurring of lines between gambling and other forms of digital entertainment". The increasing presence of gambling in the video gaming world has been raised as a growing concern...

How Can Australia Continue Securing International Sport Events?
MinterEllison, October 2018

What needs to happen to secure the most sought-after international events on the sporting calendar? As Australia continues its reputation as a dependable major sports event host through the likes of the Gold Coast 2018 Commonwealth Games and the Invictus Games Sydney 2018, there has been an upsurge in interest from Australian cities, metropolitan and regional, to host major sporting events...

Increase in Ireland's Betting Tax
A&L Goodbody, October 2018

As part of Budget 2019, the Irish Minister for Finance announced that Irish betting tax will increase from 1% to 2% of turnover. Betting intermediary tax will also increase from 15% to 25%. The tax increases will take effect from 1 January 2019. Parties in support of this increase have suggested that additional revenue generated by this increase should be directed towards gambling addiction services...

Is News Dead (or Have Reports of Its Demise Been Greatly Exaggerated)?
TSMP Law Corporation, October 2018

Traditional news organisations are facing a battle for survival but will they find a new mission in the battle against Fake News? Stefanie Yuen Thio shared her views in an article published by the Business Times on September 15, 2018...

The Migration Advisory Committee (MAC) Report on UK Immigration Reform: What Businesses Need to be Aware of
Shepherd and Wedderburn LLP, September 2018

The Migration Advisory Committee (MAC) has today published its report1 on immigration reform. As the MAC itself acknowledges, there will be “winners” and “losers” in any policy for immigration reform.On an initial reading of the report, it would appear the reforms proposed, while impacting all sectors, would be most challenging for those sectors employing a low-skilled workforce...

From Footfall to Clicks - The Experts Talk Retail Risk
Shoosmiths LLP, September 2018

Over the last few years, news that some of the nation's most iconic retail stores have closed has become more frequent. Yesterday, Poundworld entered administration. Last week, House of Fraser announced it would be closing 31 stores, many of which are in some the UK's largest cities. It is no secret that many retailers have been adversely affected by the shopping habits of consumers, ever since the advent of a new pastime - buying online...

Beware Geeks Bearing Gifts - Why Sports' Rights Holders Need to Think Carefully Before Moving Away from 'Traditional' Broadcasters
Shepherd and Wedderburn LLP, August 2018

Two significant events this week raised eyebrows in the lucrative world of live sports broadcasting. Firstly, Facebook agreed an exclusive deal to show La Liga to users in Asian territories including India, Bangladesh, Sri Lanka and Pakistan. It will live stream all 380 matches this season for free to its 348 million users in the region. The move fits with Facebook's ambition to grow use of its social networking platform outside markets that have reached saturation...

Event Photography in Times of the General Data Protection Regulation
Heuking Kühn Lüer Wojtek, August 2018

Photography by promoters and artists is an integral part of any kind of event. Since the General Data Protection Regulation (GDPR) came into effect, the legal requirements for videos and photos depicting people however have to be reassessed. In the past, most member states of the European Union had their own regulations regarding photos that show individual persons...

Mixed-Use Hotels - Montenegro Takes A Step Forward in Luxury Hotel Development
Karanovic & Partners, August 2018

Over the years, Montenegro invested significant efforts in the development of the tourism industry, and one could say that it is steadily becoming a go-to destination for those seeking an ultimate luxury Riviera lifestyle. The recent steps taken by Montenegrin legislators show that international trends are well received and recognized by local authorities, this time through the implementation of a new hospitality model – the mixed-use hotel...

 

 

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