Law360 Quotes Neal Marder on Four Seasons Hotel Dispute
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.”