Law360 Quotes Neal Marder on Four Seasons Hotel Dispute
Contact:
Law360 has quoted Akin Gump litigation partner Neal Marder in the article “Four Seasons Says Hotel Can’t Get Redo In Arbitration.” Marder and a team from Akin Gump represent Burton Way Hotels LLC, the owner of a Four Seasons hotel in Los Angeles, which is involved in a dispute with Four Seasons Hotels Ltd. over its decision to manage and operate a nearby hotel, which Burton Way says is a direct competitor.
The case, as Law360 reports, is currently before a federal district court in California with Four Seasons arguing that Burton Way cannot relitigate a contract dispute over split royalties. Burton Way, which had been seeking to void an agreement to arbitrate the dispute over a licensing agreement between the two parties, said Four Seasons was trying to limit arbitration and argued that the U.S. Court of Appeals for the 9th Circuit has clearly said a new arbitration panel should be the one to name the claims to be litigated.
Marder told Law360, “In reversing the prior panels award the Ninth Circuit determined that a new trial was necessary not only with respect to Burton Way’s [breach] of contract and related claims but also to determine an appropriate sanction, and Burton Way intends to seek terminating sanctions, based on the prejudice Burton Way suffered due to [Four Seasons’] wrongful spoliation of key evidence.”
Joining Marder on the Akin Gump team are partner Susan Leader, senior counsel Oleg Stolyar and counsel Garrett Llewellyn.