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February 2019

 
HospitalityLawyer.com's Converge Newsletter
 
Controlling Hotel Risk Hinges On Protecting Guest Information
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February 12, 2019 via Hotel Management
Kevin Levy, chair of technology transactions at Florida law firm Gray Robinson, said most hotels would be considered data controllers because they gather data and then decide what to do with it. However, in instances where hotels are gaining information from a third party, such as an online travel agency, the hotel acts as a processor.

"Ultimately, someone is the controller of guest information," Levy said. "That entity is most at risk."

The situation is complicated by data-processing addendums, which can shift liability to U.S.-based entities doing business in Europe. For example, if a hotel is doing business with a third-party reservation company in Europe and it signs a data-processing addendum, then the U.S.-based hotel could be on the hook for European data rules.
Gray Robinson
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Settlement Announced In Des Moines 2014 Embassy Suites Hotel Guest-Rape Case

February 19, 2019 via Hotel News Resource

Norman Bates, the plaintiff's expert witness on hotel security practices, testified that while the hotel had a proper key-control policy in place to prevent such tragedies, the involved hotel employees did not follow it. In that regard, those hotel employees admitted at trial that the hotel's key-control policy was violated.
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Have Faith: 4.9 Million Dollar Settlement Underscores Importance of Accommodating Religious Beliefs During Hiring Process

February 13, 2019 via Conn Maciel Carey

Employers should review their dress and appearance policies from time to time and consider inserting language affirming the organization’s willingness to consider accommodations for sincerely held religious beliefs.
Conn Maciel Carey
 
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New York City Bans CBD from Bars and Restaurants
February 2019 via Wilson Elser

State and local governments across the country are taking similar enforcement action. Beginning in January 2019, there have been several reports of inspections of manufacturing and retail facilities with resulting CBD product embargos ordered by the California Department of Public Health. Last week, the Maine Department of Health and Human Services ordered the removal of CBD edible products from store shelves "because hemp-derived products are not a federally approved food additive." Ohio officials also are cracking down on CBD retailers. According to various news reports, the Ohio Department of Agriculture is working with local health departments and police agencies to embargo CBD products. Similar actions should be expected in more states over the coming weeks and months.
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