News Type: Articles

The attorney-client privilege is a bedrock of jurisprudence, with communications by and between lawyer and client being protected from compelled disclosure to any third party. But in this age of high-profile data breaches and resulting technical statutes and regulations mandating that organizations adopt and implement comprehensive information security programs, is there anything akin to the attorney-client privilege that extends to cybersecurity professionals providing services such as penetration testing? If they are not retained to provide legal advice, the answer is a resounding no.

Being an employer in the hospitality space is not easy, that is for sure.

In a commercial landscape in which “see you in court” is an all too frequent refrain, legal exposure is a constant concern for hotel owners, operators and management. But this worry can be reduced if hoteliers avail themselves of a handful of safeguards that can significantly lower the risk of costly and time-consuming workplace litigation.

Here, we outline five simple steps that can be taken to prevent potential employee-related problems.

How does a nice frosty Blueberry Muffin sound on a hot summer day? No, not the baked variety, but a blueberry muffin-flavored beer brought to you by the folks at Humboldt Street Collective LLC, dba Great Notion Brewing and Barrel House. If such a brew sounds appealing, that’s great, but you won’t be finding it under the BLUEBERRY MUFFIN trademark.

With this simple advertising taunt featured during the 2019 Superbowl — “Miller Lite uses corn syrup” — Anheuser-Busch has wound up on the receiving end of a lawsuit filed by MillerCoors over the use of corn syrup as a brewing adjunct. While millions of television viewers may have chuckled at the spot, MillerCoors is not among those laughing.

Is this the writing on the wall? In what looks to be the biggest step forward toward the ultimate legalization of marijuana on the federal level, the U.S. House of Representatives just passed the Secure and Fair Enforcement Act, or SAFE Banking Act, a critical step toward clearing the way for cannabis-related businesses to operate outside a cash-only world. Congresspeople voted in favor of the bill 321-103, which, remarkably, included nearly half of the Republicans that cast a vote.

Suffice it to say, this is great news for everyone aboard the “reform our nation’s marijuana laws” train. But the celebration should be kept in check. The legislation now moves on to the Senate, where those in the know suggest that passage appears to be much less likely, at least in its present form.

In the wake of the #MeToo movement, it is increasingly common in corporate transactional documents to see buyers and related parties include so-called “Weinstein” clauses. Such provisions typically request that a target company represent and warrant whether its officers or executives have been the subject of allegations of sexual harassment or misconduct, and if the company has entered into any settlement agreements regarding these kinds of claims.

The purpose of a Weinstein clause is to provide assurance that the target company (including its officers and executives) is not a hotbed of sexual harassment or a ticking time bomb of claims waiting to explode, which would no doubt result in liability, embarrassment and potential loss of value for the acquiring parties. This primer on drafting and negotiating Weinstein clauses should help deal teams balance these risks.

Peter Cifichiello’s article, “Memo to would-be cannabis entrepreneurs: Be diligent,” was published in the January 2020 edition of Marijuana Venture magazine.

When considering their real estate portfolios, every investor should be asking themselves one very important question: have I chosen the best method to hold title in and to my real property assets? And to answer that query, investors should be aware of all their options, including the Series LLC.