Amy P. Lally

Hilton, Hyatt and other major hotel operators have joined real estate analytics firm CoStar in urging a Washington federal court to once again dismiss an antitrust lawsuit accusing them of fixing prices in luxury hotel markets, arguing an amended complaint still doesn't show they shared any exact pricing information. CoStar Group Inc., joined by Hilton Domestic Operating Co., Hyatt Hotels Corp, Loews Hotels Holdings Corp., Marriott International Inc. and other hotel giants, said in a motion to dismiss Monday that hotel guests' latest complaint against them "supplies nothing new" to back their assertions. The travelers alleged in a complaint that competitively sensitive information was circulated through industry benchmarking reports offered by CoStar-owned Smith Travel Research, and that the use of the reports ultimately drove up luxury hotel rates. A Seattle federal judge tossed an earlier iteration of the case in August, concluding the hotel guests failed to show the hospitality groups provided CoStar with any information about the actual prices of individual rooms. "Plaintiffs' new allegations show no more than what they alleged in their original complaint: that the hotel defendants share historical revenue and occupancy data (i.e., rooms available, rooms sold, and total revenue) with STR, and in return ... [they] receive a benchmarking report that provides revenue and occupancy data that is aggregated, averaged, and anonymized across at least several hotels, if not more," according to the companies' filing. Led by Jeanette Portillo, seven hotel patrons first launched their case in February against CoStar, Marriott, Hilton, Hyatt, Loews and other hotel operators. They said Smith Travel Research's STAR Report enabled the hospitality groups to engage in price fixing, in violation of the Sherman Act, and ultimately overcharge guests for stays at five-star hotels across the country. CoStar and the hotel chains countered that such benchmarking reports have been around for decades and have passed the muster of federal courts. The report allows users to compare hotel performance against at least three other hotels using anonymized data, according to the companies' motion. In an Aug. 29 order dismissing the first complaint, U.S. District Judge Robert S. Lasnik concluded the travelers relied on "linguistic stretches" to claim that price information was shared, since Smith Travel Research doesn't require hotel companies to share exact room prices. The plaintiffs filed a fresh complaint Oct. 3, alleging the Smith Travel Research contracts produced in discovery confirm that hotel operators had to explicitly commit to regularly submitting pricing information to receive the STAR reports. But CoStar and the hotel groups argued in their filing Monday that the consumers continued to mischaracterize revenue and occupancy data as "pricing information." They also asserted that the plaintiffs failed again to show how the sharing of the benchmarking reports resulted in the inflated room rates the guests said they paid, positing an "even more speculative and attenuated" connection than in their initial lawsuit. "Instead, plaintiffs continue to allege that the gotel defendants rely on various revenue management platforms to determine their pricing — supposed 'pricing algorithms' that are not at issue in this litigation — and that STR's reports might be, but are also allegedly prohibited from being, one of many data sets that are fed into those revenue management platforms to drive hotel room prices higher," CoStar and the hotel groups said. Steve W. Berman of Hagens Berman Sobol Shapiro LLP, representing the consumers, told Law360 Tuesday that the amended complaint "describes in detail a regular, built-in system for competitors to share sensitive pricing and occupancy data with one another." "When rivals coordinate instead of compete, consumers pay more," Berman said in an email. "That's the issue here. With the benefit of limited discovery, we have added concrete detail and the governing agreements themselves, and we look forward to presenting those allegations to the court, beating this motion and getting into discovery." A spokesperson for CoStar told Law360 Tuesday the court correctly dismissed the plaintiffs' initial complaint earlier this year. "This lawsuit continues to be based on a willful mischaracterization of STR's business, and we look forward to the case checking out for good shortly," the spokesperson wrote in an email. Representatives of the hotel companies did not immediately respond to requests for comment Tuesday afternoon. The consumers are represented by Steve W. Berman, Theodore Wojcik, Xiaoyi Fan and Rio S. Pierce of Hagens Berman Sobol Shapiro LLP. CoStar and STR are represented by Vanessa Soriano Power of Stoel Rives LLP and Lawrence E. Buterman, Sarah M. Ray, Elyse M. Greenwald and David L. Johnson of Latham & Watkins LLP. Hilton  is represented by Heidi Bradley of Bradley Bernstein Sands LLP and D. Jarrett Arp, Mari Grace, Neal A. Potischman and Tina Hwa Joe of Davis Polk & Wardwell LLP. Hyatt is represented by Michael Rosenberger of Gordon Tilden Thomas & Cordell LLP and Lindsay C. Harrison and Douglas E. Litvack of Jenner & Block LLP. Loews is represented by Robert J. Maguire of Davis Wright Tremaine LLP and Katherine B. Forrest and Paul D. Brachman of Paul Weiss Rifkind Wharton & Garrison LLP. Six Continents Hotels is represented by Paul R. Taylor of Byrnes Keller Cromwell LLP and Jeffrey S. Cashdan, Emily S. Newton, Lohr A. Beck and Caroline Buyak Callahan of King & Spalding LLP. Marriott  is represented by Jeffrey B. Coopersmith and Steven Fogg of Corr Cronin LLP and Kristen C. Limarzi, Melanie L. Katsur and Sarah Akhtar of Gibson Dunn & Crutcher LLP. Accor Management US Inc. is represented by Robin E. Wechkin, Carrie Mahan, Benjamin M. Mundel, S. Nicole Booth and Amy P. Lally of Sidley Austin LLP. The case is Portillo et al. v. CoStar Group Inc. et al., case number 2:24-cv-00229, in the U.S. District Court for the Western District of Washington.

Nov 4

4 min

Daily Journal named Amy P. Lally to its 2025 “Leading Commercial Litigators” list. The annual list recognizes the top 100 lawyers who led major litigation in California and nationally. As global co-leader of Sidley’s nationally recognized Consumer Class Action practice, Amy represents clients from a broad range of products and services industries in commercial litigation matters, including class actions, false advertising claims, and contract disputes. She has achieved significant success in class action litigation arising under California’s Unfair Business Practices Act, the Consumers Legal Remedies Act, labeling laws, Proposition 65, the California Invasion of Privacy Act (CIPA), as well as false advertising and unfair competition claims under other state and federal laws. In addition to her busy practice, Amy is active on many boards and professional associations. She is a member of the Prop 65 Clearinghouse Advisory Board and the USC Institute for Corporate Counsel’s Board of Governors.~~Daily Journal named Amy P. Lally to its 2025 “Leading Commercial Litigators” list. The annual list recognizes the top 100 lawyers who led major litigation in California and nationally. As global co-leader of Sidley’s nationally recognized Consumer Class Action practice, Amy represents clients from a broad range of products and services industries in commercial litigation matters, including class actions, false advertising claims, and contract disputes. She has achieved significant success in class action litigation arising under California’s Unfair Business Practices Act, the Consumers Legal Remedies Act, labeling laws, Proposition 65, the California Invasion of Privacy Act (CIPA), as well as false advertising and unfair competition claims under other state and federal laws. In addition to her busy practice, Amy is active on many boards and professional associations. She is a member of the Prop 65 Clearinghouse Advisory Board and the USC Institute for Corporate Counsel’s Board of Governors.

Feb 5

1 min

Sidley is pleased to announce that it has secured a complete victory for its client, a major pet supply store, in a long-running litigation involving “prescription diet” pet food. On January 24, 2025, Judge Jorge Alonso of the U.S. District Court for the Northern District of Illinois granted summary judgment in favor of our client, dismissing all claims against it. Plaintiff alleged that our client and co-defendant, a pet food manufacturer, violated the Illinois Consumer Fraud and Deceptive Business Practices Act (ICFA) by requiring a veterinarian’s prescription to purchase certain pet food products. The summary judgment ruling follows a previous victory for our client in 2022 when the court denied class certification. The court found that plaintiff could not establish that they were deceived or harmed by the enforcement of the prescription pet food policy, which was preempted by the FDCA. The court agreed, finding that plaintiff failed to show any proximate causation between client’s actions and their decision to buy the prescription pet food. The court also rejected plaintiff’s alternative claim for unjust enrichment, which depended on the viability of their ICFA claim. The Sidley team was led by partner and global co-leader of our Consumer Class Actions practice, Amy Lally, and included senior managing associate Julie Becker, managing associates Lauren Keane and Abigail Bachrach, and paralegal Amanda Gonzales.~~Sidley is pleased to announce that it has secured a complete victory for its client, a major pet supply store, in a long-running litigation involving “prescription diet” pet food. On January 24, 2025, Judge Jorge Alonso of the U.S. District Court for the Northern District of Illinois granted summary judgment in favor of our client, dismissing all claims against it. Plaintiff alleged that our client and co-defendant, a pet food manufacturer, violated the Illinois Consumer Fraud and Deceptive Business Practices Act (ICFA) by requiring a veterinarian’s prescription to purchase certain pet food products. The summary judgment ruling follows a previous victory for our client in 2022 when the court denied class certification. The court found that plaintiff could not establish that they were deceived or harmed by the enforcement of the prescription pet food policy, which was preempted by the FDCA. The court agreed, finding that plaintiff failed to show any proximate causation between client’s actions and their decision to buy the prescription pet food. The court also rejected plaintiff’s alternative claim for unjust enrichment, which depended on the viability of their ICFA claim. The Sidley team was led by partner and global co-leader of our Consumer Class Actions practice, Amy Lally, and included senior managing associate Julie Becker, managing associates Lauren Keane and Abigail Bachrach, and paralegal Amanda Gonzales.

Feb 5

2 min

Amy P. Lally and Jack S. Yeh, both partners based in Sidley’s office in Century City, have been included by the Los Angeles Business Journal in its 2025 “Leaders of Influence: Litigators & Trial Attorneys” list. The annual feature celebrates those individuals whose unique skills in front of judges and juries mean that they are the leading lawyers “you want in your corner.” As global co-leader of Sidley’s nationally recognized Consumer Class Action practice, Amy represents clients from a broad range of products and services industries in commercial litigation matters, including class actions, false advertising claims, and contract disputes. She has achieved significant success in class action litigation arising under California’s Unfair Business Practices Act, the Consumers Legal Remedies Act, labeling laws, Proposition 65, the California Invasion of Privacy Act, as well as false advertising and unfair competition claims under other state and federal laws. Jack is a seasoned trial lawyer and litigation strategist who leads experienced trial teams in complex commercial disputes throughout the country. He regularly represents both publicly traded companies and emerging businesses in a wide range of industries, including energy, oil and gas, real estate, media and entertainment, sports and apparel, and advertising and technology. Jack has litigated commercial disputes at all stages, including arbitrations, mediations, court and jury trials, and appeals, including before the California Court of Appeal, the Ninth Circuit Court of Appeals, and the California Supreme Court.~~Amy P. Lally and Jack S. Yeh, both partners based in Sidley’s office in Century City, have been included by the Los Angeles Business Journal in its 2025 “Leaders of Influence: Litigators & Trial Attorneys” list. The annual feature celebrates those individuals whose unique skills in front of judges and juries mean that they are the leading lawyers “you want in your corner.” As global co-leader of Sidley’s nationally recognized Consumer Class Action practice, Amy represents clients from a broad range of products and services industries in commercial litigation matters, including class actions, false advertising claims, and contract disputes. She has achieved significant success in class action litigation arising under California’s Unfair Business Practices Act, the Consumers Legal Remedies Act, labeling laws, Proposition 65, the California Invasion of Privacy Act, as well as false advertising and unfair competition claims under other state and federal laws. Jack is a seasoned trial lawyer and litigation strategist who leads experienced trial teams in complex commercial disputes throughout the country. He regularly represents both publicly traded companies and emerging businesses in a wide range of industries, including energy, oil and gas, real estate, media and entertainment, sports and apparel, and advertising and technology. Jack has litigated commercial disputes at all stages, including arbitrations, mediations, court and jury trials, and appeals, including before the California Court of Appeal, the Ninth Circuit Court of Appeals, and the California Supreme Court.

Jul 14

2 min

Sidley is representing Olive & June, LLC, a leading omnichannel retailer of nail care products, in its US$240 million sale to consumer retail company Helen of Troy Limited (NASDAQ:HELE). The acquisition will allow Olive & June to leverage Helen of Troy’s scale and innovation capabilities. Olive & June will continue to operate under its original brand name; other Helen of Troy brands in its beauty and wellness segment include Drybar, REVLON, and Bed Head, to name a few. The Sidley team is being led by David M. Grinberg and Emily Zipperstein (M&A and Private Equity), and included Avni P. Mehta, Chloe Lustig, Celine Ang, and Blake E. Winter (M&A and Private Equity); Rachel D. Kleinberg and Jonathan M. Westreich (Tax); Amy P. Lally (Consumer Class Actions, ERISA and Insurance Litigation); Gregory A. Marrs and Joanna Janica (Employee Benefits and Executive Compensation); Eric Kauffman and Emily M. Wajert (Labor and Employment); Nicole M. Ryan (Securities and Shareholder Litigation); Lauren G. Grau, Dusan Clark, and Natalie T. Crawford (Technology and Life Sciences Transactions); Diane C. McEnroe and Susan Stolzer (Food, Drug and Medical Device); Jen Fernandez and Elyssa R. Kutner (Global Arbitration, Trade and Advocacy); Jamie M. Sadler and Jason C. Semmes (Antitrust and Competition); Rollin A. Ransom and Kseniya K. Belysheva (Commercial Litigation and Disputes); R.J. Carlson, Shayona Schiely, and Chloe Kim (Global Finance); Scott J.F. Goldstein (Insurance); and Samuel N. Tiu (IP Litigation).~~Sidley is representing Olive & June, LLC, a leading omnichannel retailer of nail care products, in its US$240 million sale to consumer retail company Helen of Troy Limited (NASDAQ:HELE). The acquisition will allow Olive & June to leverage Helen of Troy’s scale and innovation capabilities. Olive & June will continue to operate under its original brand name; other Helen of Troy brands in its beauty and wellness segment include Drybar, REVLON, and Bed Head, to name a few. The Sidley team is being led by David M. Grinberg and Emily Zipperstein (M&A and Private Equity), and included Avni P. Mehta, Chloe Lustig, Celine Ang, and Blake E. Winter (M&A and Private Equity); Rachel D. Kleinberg and Jonathan M. Westreich (Tax); Amy P. Lally (Consumer Class Actions, ERISA and Insurance Litigation); Gregory A. Marrs and Joanna Janica (Employee Benefits and Executive Compensation); Eric Kauffman and Emily M. Wajert (Labor and Employment); Nicole M. Ryan (Securities and Shareholder Litigation); Lauren G. Grau, Dusan Clark, and Natalie T. Crawford (Technology and Life Sciences Transactions); Diane C. McEnroe and Susan Stolzer (Food, Drug and Medical Device); Jen Fernandez and Elyssa R. Kutner (Global Arbitration, Trade and Advocacy); Jamie M. Sadler and Jason C. Semmes (Antitrust and Competition); Rollin A. Ransom and Kseniya K. Belysheva (Commercial Litigation and Disputes); R.J. Carlson, Shayona Schiely, and Chloe Kim (Global Finance); Scott J.F. Goldstein (Insurance); and Samuel N. Tiu (IP Litigation).

Nov 21

2 min