Attorney Articles
California Restaurant Association Publishes Katz Article on Surcharges and Service Fees
August 1, 2024 - California Restaurant Association
Success in the hospitality industry is a moving target. No other business has a bigger challenge regarding diversity of offerings, character and personality of employees, and attention to the safety of guests whose mindset can seriously complicate such efforts. In addition, the industry must be nimble, accommodating traditional leisure and business fare with the demands of a hyper-connected and choice-filled world.
That’s why Wilson Elser developed a Hospitality practice that encompasses a firmwide cadre of attorneys knowledgeable in all the relevant legal disciplines and dedicated to serving national and international hospitality organizations. From transactional matters and site development to operational concerns and personal injuries, we help a large and growing base of clients successfully navigate the complicated legal issues typical of this industry.
Spanning the breadth of hospitality entities, many of our clients are among the largest and most sophisticated in their respective areas. We have earned an enviable track record advising and defending these businesses, including:
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We draw on the firm’s collective experience in legal areas that routinely impact our hospitality clients, leveraging Wilson Elser’s network of 43 strategically situated offices throughout the United States. Our attorneys are experienced in specialties such as personal jurisdiction, forum non conveniens, choice of law issues, real estate, construction, commercial law, environmental law, premises liability, intellectual property, insurance, governmental affairs, franchises and employment law.
Combining extensive trial experience with deep knowledge of the hospitality industry, our attorneys are well positioned to successfully defend against all hospitality-related claims in state and federal courts. Also, acknowledging the array of operational concerns that impact hospitality organizations, we offer our clients immediate advice and ongoing assistance in the following areas:
As clients increasingly choose to work with integrated legal “teams,” Wilson Elser accommodates them through our practice group model. It ensures that the firm’s knowledge and experience relative to various types of hospitality issues are concentrated in one coherent entity. Our teams are multidisciplinary, multijurisdictional and designed to be greater in total value to our clients than the sum of their parts. Their effectiveness is further enhanced by extensive in-house training and a robust infrastructure that allows quick access to the collective and extensive experience resident throughout the firm.
In addition to comprehensive litigation, Wilson Elser service areas most commonly brought to bear on behalf of our hospitality clients include:
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Through one convenient point of contact, any or all of these services are immediately available to our hospitality clients, who often find that collaboration between offices and among disciplines spawns innovative solutions to their most challenging legal issues.
Success in the hospitality industry is a moving target. No other business has a bigger challenge regarding diversity of offerings, character and personality of employees, and attention to the safety of guests whose mindset can seriously complicate such efforts. In addition, the industry must be nimble, accommodating traditional leisure and business fare with the demands of a hyper-connected and choice-filled world.
That’s why Wilson Elser developed a Hospitality practice that encompasses a firmwide cadre of attorneys knowledgeable in all the relevant legal disciplines and dedicated to serving national and international hospitality organizations. From transactional matters and site development to operational concerns and personal injuries, we help a large and growing base of clients successfully navigate the complicated legal issues typical of this industry.
Spanning the breadth of hospitality entities, many of our clients are among the largest and most sophisticated in their respective areas. We have earned an enviable track record advising and defending these businesses, including:
|
|
We draw on the firm’s collective experience in legal areas that routinely impact our hospitality clients, leveraging Wilson Elser’s network of 43 strategically situated offices throughout the United States. Our attorneys are experienced in specialties such as personal jurisdiction, forum non conveniens, choice of law issues, real estate, construction, commercial law, environmental law, premises liability, intellectual property, insurance, governmental affairs, franchises and employment law.
Combining extensive trial experience with deep knowledge of the hospitality industry, our attorneys are well positioned to successfully defend against all hospitality-related claims in state and federal courts. Also, acknowledging the array of operational concerns that impact hospitality organizations, we offer our clients immediate advice and ongoing assistance in the following areas:
As clients increasingly choose to work with integrated legal “teams,” Wilson Elser accommodates them through our practice group model. It ensures that the firm’s knowledge and experience relative to various types of hospitality issues are concentrated in one coherent entity. Our teams are multidisciplinary, multijurisdictional and designed to be greater in total value to our clients than the sum of their parts. Their effectiveness is further enhanced by extensive in-house training and a robust infrastructure that allows quick access to the collective and extensive experience resident throughout the firm.
In addition to comprehensive litigation, Wilson Elser service areas most commonly brought to bear on behalf of our hospitality clients include:
|
|
Through one convenient point of contact, any or all of these services are immediately available to our hospitality clients, who often find that collaboration between offices and among disciplines spawns innovative solutions to their most challenging legal issues.
Michael Lowry (Partner-Las Vegas) and Kevin Brown (Of Counsel-Las Vegas) won a motion to dismiss in Second Judicial District Court in Reno, having been retained by a local trucking company whose vehicle was involved in a tip-over accident with another commercial truck. Upon filing the suit, Plaintiff completed all required preliminary procedures with one critical exception: the timely opening of discovery. This failure to act, despite reminders from Brown seeking the opening of discovery, resulted in the district court granting a motion to dismiss on behalf of the defendant after finding no extraordinary circumstances to justify the delay.
Michael Lowry and Kevin A. Brown
Michael Lowry (Partner-Las Vegas, NV) obtained a dismissal in the Eighth Judicial District Court on behalf of a national sports bar restaurant with a flagship store on the Las Vegas Strip. Two customers alleged they were served drinks spiked with illicit drugs, causing both of them to become impaired, with one asserting he had been hospitalized as a result. The customers filed suit, but did not complete in a timely manner the process to open the discovery period. Michael moved to dismiss, noting the long delay, and the district court dismissed the case over the customers' objection.
Michael Lowry
Las Vegas partner Michael Lowry and associate Jonathan Pattillo were granted summary judgment for the firm’s department store retail chain client in United States District Court, District of Nevada. The plaintiff alleged that the store had cooperated with police and other stores in an investigation of an organized retail theft group, which violated his civil rights under color of state law per 42 USC 1983, defamed him by identifying him as being involved in the crime and resulted in his false imprisonment. The charges stemming from the investigation were dropped when the plaintiff noted he was incarcerated for unrelated convictions when the retail thefts occurred. Michael and Jonathan argued that someone who is already incarcerated cannot be falsely imprisoned by someone else and that there were no strong indicators of a conspiracy present. In granting summary judgment to the firm’s client, the judge also concluded there is a limited privilege to defame for people reporting crimes and cooperating with police. The limits of that privilege were not breached here.
Michael Lowry and Jonathan C. Pattillo
Michael Lowry (Partner-Las Vegas) was hired by an American restaurant and entertainment business concerning an incident where a customer was served, continued drinking at an unrelated bar and later drove his car. Within two miles, he struck a car stopped at a red light, killing two people in the car.
The decedents’ families filed a wrongful death claim against the restaurant, the bar and the driver. They argued NRS 41.1395, the Nevada statute that specifically places responsibility on the person who drank not the person who served them, is unconstitutional. Michael moved to dismiss the entire complaint, and the Eighth Judicial District Court agreed, stating that NRS 41.1395 is constitutional. The court created a narrow exception, concluding NRS 41.1395 would not protect someone who assisted the driver to his car. Michael then subpoenaed the police investigation, which proved the person who assisted the driver to his car was an employee of the bar, not the restaurant. Michael then moved for summary judgment and the court granted it.
Michael Lowry