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This is Jim Butler, author of www.HotelLawBlog.com and hotel lawyer. Please contact me at Jim Butler at jbutler@jmbm.com or 310.201.3526.

Posted On: July 30, 2010 by the JMBM Global Hospitality Group®

Hotel Lawyer: The more things change, the more they stay the same . . .

By Jim Butler and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
30 July 2010

Hotel Lawyer with a name change. JMBM's Global Hospitality Group® is part of a vibrant law firm. Today, that firm announced that it is changing the firm name, but we will still be known as "JMBM." Here's the story.

Continue reading " Hotel Lawyer: The more things change, the more they stay the same . . . " »

Posted In: Outlook and Trends

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Posted On: July 15, 2010 by the JMBM Global Hospitality Group®

Global Hospitality Advisor: National implications of the July 2010 Atlas Hospitality Group distressed hotels survey

By Jim Butler and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
15 July 2010

Hotel Lawyer with the latest information on hotel loan defaults, foreclosures, forebearances and distressed sales in California from the Atlas Hospitality Group.

Less than two weeks after the quarter's end, Atlas Hospitality has released its California Distressed Hotels Survey (2nd Quarter 2010).

Here is our executive summary of that report, our view of its national implications and what we think it means for owners, lenders and investors.

Continue reading " Global Hospitality Advisor: National implications of the July 2010 Atlas Hospitality Group distressed hotels survey " »

Posted In: Outlook and Trends , Workouts, Bankruptcies & Receiverships

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Posted On: July 13, 2010 by the JMBM Global Hospitality Group®

Global Hospitality Advisor® with Lodging Industry Midsummer Report

By Jim Butler and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
13 July 2010

Hotel Lawyer with a critical update on the state of the industry

Today, the JW Marriott Los Angeles, we got an update on the state of the lodging industry from two of my favorite industry leaders: Mark Woodworth, President of Hospitality Research, and Mark Lomanno, President of Smith Travel Research.

There is some good news, and some bad news, although both reports were optimistic on the direction we are heading. Here is my take on some highlights with some pertinent slides.

Continue reading " Global Hospitality Advisor® with Lodging Industry Midsummer Report " »

Posted In: Outlook and Trends

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Posted On: July 12, 2010 by the JMBM Global Hospitality Group®

Hotel Labor Lawyer Alert: U.S. Department of Labor targets the hospitality industry

By Jim Butler and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
12 July 2010

Hotel Lawyer with an alert about the DOL's historic action targeting hotels.

The U.S. Department of Labor (DOL) is taking historic action. With a huge increase in funding and staffing, the DOL is specifically targeting audits and enforcement actions for every hotel, motel, and resort in the U.S. The program will search for violations of overtime rules, minimum wage, and classification of exempt and non-exempt positions. In addition, one of the primary focal points of these audits will be employers with workers holding H-2B visas.

Hotel labor lawyer Marta Fernandez and hotel lawyer, Jim Abrams, both senior members of the JMBM Global Hospitality Group®, say, " We expect that the DOL compliance audits will cover all of the laws administered by the DOL and WHD including H-2B labor certification wage requirements and other federal laws such as minimum wage, overtime, and family and medical leave."

In today's Alert, they also suggest "4 Things that you should do now -- Before it is too late."

Continue reading " Hotel Labor Lawyer Alert: U.S. Department of Labor targets the hospitality industry " »

Posted In: Labor & Employment

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Posted On: June 30, 2010 by the JMBM Global Hospitality Group®

ADA defense lawyer: Implications of the latest ADA enforcement "sweeps" against hotels in Portland and San Francisco.

By Jim Butler and the Global Hospitality Group®

Hotel Lawyers | Authors of www.HotelLawBlog.com

30 June 2010

Hotel ADA defense lawyer looking beyond the latest update on ADA "sweeps" by the Department of Justice coming to Portland, San Francisco and elsewhere.

As we wrote earlier, the U.S. Department of Justice (DOJ) is continuing its program of in-depth investigations of hotels to determine whether they comply with the Americans with Disabilities Act or ADA. The investigations are called "sweeps" because they target all hotels in a given geographic area. There is also some basis to believe that the sweeps may now also focus on certain industries such as hotels, restaurants and other places of public accommodation.

There is a lot of valuable information on Hotel Law Blog about ADA Defense matters. Just go to the top of the Blog home page, click the "Hotel Law Topics" tab, and then select the first item named "ADA Defense." You will see all the articles on this subject organized in reverse chronological order.

Although the sweeps sound an immediate call to action in the targeted areas and industries, there are broader implications that we will talk about today.

Continue reading " ADA defense lawyer: Implications of the latest ADA enforcement "sweeps" against hotels in Portland and San Francisco. " »

Posted In: ADA Defense

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Posted On: June 28, 2010 by the JMBM Global Hospitality Group®

Hotel ADA defense lawyer: Department of Justice (DOJ) ADA enforcement "sweeps" hit the West Coast. What you need to know now.

By Jim Butler and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
28 June 2010

Hotel ADA defense lawyer with the latest update on ADA "sweeps" by the Department of Justice coming to Portland, San Francisco and elsewhere.

We discussed in earlier blogs that the DOJ is conducting in-depth investigations of hotels to determine whether they comply with the Americans with Disabilities Act or ADA. The investigations are called "sweeps" because they typically target all hotels in a given geographic area. One of the first notable ADA sweeps hit all the hotels in Manhattan's Theater District, where we actively assisted clients.

A few days ago, we were contacted by a hotel in Portland, Oregon that had just received an investigative survey from DOJ. It appears that a similar sweep operation is being initiated there. We have also received information indicating that an ADA sweep might hit San Francisco in the near future.

Here is what you need to know about the sweeps, how they can affect you, and what you need to do.

Continue reading " Hotel ADA defense lawyer: Department of Justice (DOJ) ADA enforcement "sweeps" hit the West Coast. What you need to know now. " »

Posted In: ADA Defense

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Posted On: June 25, 2010 by the JMBM Global Hospitality Group®

Hotel Management Agreement performance standards -- The Owner's Return test

By Jim Butler and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
25 June 2010

Hotel Lawyer with hotel management agreement performance standard to take care of Owner's concerns. With experience gained in negotiating, re-negotiating, litigating, arbitrating and advising on more than 1,000 hotel management agreements and more than $60 billion of hotel transactions, the members of JMBM's Global Hospitality Group® wanted to share some lessons learned on the subject. They are all available at www.HotelLawBlog.com.

To see the rich library of materials on Hotel Management Agreements, you can click here: Hotel Management Agreements ( http://hotellaw.jmbm.com/management_and_franchise_agree/). Or you can just do a GOOGLE search on "hotel management agreements" and you will see it near the top of the search.

Continue reading " Hotel Management Agreement performance standards -- The Owner's Return test " »

Posted In: Hotel Management Agreements

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Posted On: June 23, 2010 by the JMBM Global Hospitality Group®

Hotel Management Agreement performance standards -- The Operator's take

By Jim Butler and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
23 June 2010

Hotel Lawyer with more on HMA performance standards -- the typical Operator clause. This article is one of a series of articles focusing on Hotel Management Agreements or HMAs as they are often called. If you have missed some of the extensive ground covered here before, stop by www.HotelLawBlog.com, particularly at Hotel Management Agreements.

In the last article, we talked about Hotel Management Agreement performance standards and why they matter. Today, we will analyze a typical Operator form of performance standard, and later we will look at a model better suited to an Owner's interests.

Continue reading " Hotel Management Agreement performance standards -- The Operator's take " »

Posted In: Hotel Management Agreements

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Posted On: June 22, 2010 by the JMBM Global Hospitality Group®

Hotel management agreement performance standards and why they matter

By Jim Butler and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
21 June 2010

Hotel Lawyer with some practical tips on hotel management contract performance standards. Interest has recently spiked in getting new hotel management agreements (HMAs) or re-negotiating existing ones. It seems that some investors buying distressed properties are looking to rebrand and get new hotel operators. Some lenders are too as they take over troubled assets.

That makes this seem like a good time to remind everyone about the wealth of information on this subject at www.HotelLawBlog.com, particularly at Hotel Management Agreements.

Continue reading " Hotel management agreement performance standards and why they matter " »

Posted In: Hotel Management Agreements

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Posted On: June 22, 2010 by the JMBM Global Hospitality Group®

Hotel Lending: How to avoid the pitfalls of hotel lending

By Jim Butler and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
22 June 2010

Hotel Lawyer with some tips for hotel lenders so they can take advantage of higher yielding loans with less risk.

This article will focus on 8 pitfalls of hotel lending - the special traps that hotel lending presents beyond all the typical considerations of traditional real estate lending - and how to avoid them. These are hotel-specific structuring, documentation and legal issues that can really snare the unwary lender.

Continue reading " Hotel Lending: How to avoid the pitfalls of hotel lending " »

Posted In: Hotel Finance − Hotel Debt & Hotel Equity

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About the Authors

Jim Butler

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Jim Butler is recognized as one of the top hotel lawyers in the world. He devotes 100% of his practice to hospitality, representing hotel owners, developers and lenders. Jim leads the Global Hospitality Group®—a team of 50 seasoned professionals with more than $60 billion of hotel transactional experience, involving more than 1,000 properties located around the globe.
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Robert Braun

Robert Braun is a partner in JMBM's Corporate Department and a senior member of JMBM's Global Hospitality Group® -- a team of 50 seasoned professionals with more than $60 billion of hotel transactional experience, involving more than 1,000 properties located around the globe. Bob represents owners in both transactional and operational issues. He advises clients with respect to business formation, financing, mergers and acquisitions, venture capital financing, joint ventures and strategic partnerships. He has represented hotel owners in the negotiation of several hundred management agreements, as well as spa management and franchise agreements. Bob also advises hotel owners regarding telecommunications, software, internet, e-commerce, data processing and outsourcing agreements. To read Bob's articles, go to www.HotelLawBlog.com and select "Management Agreements." For more information, please contact Bob Braun at 310.785.5331 or rbraun@jmbm.com.

Marta Fernandez

Marta Fernandez is a partner in JMBM's Employment and Labor Department and a senior member of JMBM’s Global Hospitality Group® -- a team of 50 seasoned professionals with more than $60 billion of hotel transactional experience, involving more than 1,000 properties located around the globe. As a management labor lawyer with more than 20 years of experience, Marta specializes in representing hospitality industry clients in all aspects of labor and employment including labor-management relations such as union prevention, collective bargaining for single as well as multi-employer bargaining units, neutrality agreements and defense of unfair labor practice charges before the NLRB. She defends employers in administrative and litigation claims, such as employee claims of sexual harassment and discrimination and counsels clients in preventative strategies such as executive training, arbitration enforcement, and policies and procedures. To read Marta's articles, go to www.HotelLawBlog.com and select "Labor & Employment." For more information, please contact Marta Fernandez at 310.201.3534 or at mfernandez@jmbm.com.

Catherine DeBono Holmes

Catherine DeBono Holmes is a partner in JMBM's Corporate Department and a senior member of JMBM’s Global Hospitality Group® -- a team of 50 seasoned professionals with more than $60 billion of hotel transactional experience, involving more than 1,000 properties located around the globe. Cathy assists hotel clients with hotel management and franchise agreements, purchase and sale transactions, and condo hotel regime structuring. She has taken hotel owners through complex RFP processes involving all the major hotel brands. She has significant expertise in condo hotels and advises clients in the specific business and legal aspects of condo hotel regime structuring and documentation, including CC&Rs, HOA docs, unit management agreements, shared facilities agreements, rental management agreement programs and securities compliance matters (structuring, documentation and training). To access Cathy's articles on www.HotelLawBlog.com, click on the topics "Condo Hotels" or "Green Hotels" For more information, please contact Cathy Holmes at 310.201.3553 or cholmes@jmbm.com.

Guy Maisnik

Guy Maisnik is a partner in JMBM's Real Estate Department and a senior member of JMBM's Global Hospitality Group® -- a team of 50 seasoned professionals with more than $60 billion of hotel transactional experience, involving more than 1,000 properties located around the globe. Guy's deep and broad transactional practice includes complex real estate finance and venture capital transactions, including project finance, commercial finance, leveraged leasing and real estate acquisitions. He assists clients with development, leasing and disposition, loan portfolio acquisitions, loan and debt restructure, workouts and real estate exchanges. Go to www.HotelLawBlog.com for current information in these areas. For more information, please contact Guy Maisnik at 310.201.3588 or mgm@jmbm.com.

David Sudeck

David Sudeck is of Counsel in JMBM's Real Estate Department and a senior member of JMBM’s Global Hospitality Group® -- a team of 50 seasoned professionals with more than $60 billion of hotel transactional experience, involving more than 1,000 properties located around the globe. David has significant experience in the vacation ownership arena, focusing on the formation and registration of condominiums, timeshares and fractional interest regimes. He negotiates hotel, spa and restaurant management agreements, and assists client in the development, acquisition, sale and leasing of hotels, golf courses and restaurants. For David's take on current issues in the timeshare arena, go to www.HotelLawBlog.com and click on the topic, "Timeshare." For more information, please contact David Sudeck at 310.201.3518 or dsudeck @jmbm.com.

Robert Kaplan

Robert Kaplan is a partner in JMBM's Bankruptcy, Insolvency and Restructurings Group and a senior member of the Global Hospitality Group(r) -- a team of 50 seasoned professionals with more than $60 billion of hotel transactional experience, involving more than 1,000 properties located around the globe. Bob represents lenders, special servicers, hard money lenders, community banks, national banking associations, distressed debt investors, and equity investors, positioning them for the best possible outcome by acting expeditiously to preserve value and increase cash flow. His industry experience and his knowledge of the current capital markets -- where distressed assets often include complex deal structures and securitized loans -- allows him to bring creative and effective strategies to the table. When aggressive litigation is the best strategy, he is a vigorous and effective advocate for his clients. Bob represented the securitized lender in the Chapter 11 bankruptcy case filed by the Clift Hotel in San Francisco, and in the subsequent negotiations and successful sale of the loan to a third party. The lender -- acting by and through GMAC Commercial Mortgage Corporation as special servicer -- was the holder of a $60 million loan secured by a Deed of Trust on the Clift Hotel. He has also served as counsel to CapMark, J.E. Robert Company, Inc., AMRESCO Management Inc. and Midland Loan Servicer in their capacity as special servicers on troubled hotel loans in CMBS pools. For more information, contact Robert Kaplan at 415.984.9673 or rkaplan@jmbm.com.

Martin Orlick

Martin Orlick is a partner in JMBM's Real Estate Department and a senior member of JMBM's Global Hospitality Group(r) -- a team of 50 seasoned professionals with more than $60 billion of hotel transactional experience, involving more than 1,000 properties located around the globe. Marty specializes in representing hospitality industry clients in Americans With Disabilities Act (ADA) compliance and defense. He has represented more than 300 businesses in ADA issues, many of them hotels and restaurants, as well as hotel mixed-use properties. Marty is a member of the American College of Real Estate Lawyers (ACREL) and a frequent speaker on the ADA and other topics. To read Marty's articles, go to www.HotelLawBlog.com and select "ADA." For more information, please contact Marty Orlick at 415.984.9667 or morlick@jmbm.com.

James Abrams

James Abrams is Of Counsel at JMBM and is a senior member of JMBM’s Global Hospitality Group -- a team of 50 seasoned professionals with more than $60 billion of hotel transactional experience, involving more than 1,000 properties located around the globe. Jim has served the hospitality industry for 40 years and specializes in lodging and hospitality law and in representing and advising trade associations and other non-profit entities. Jim has significant experience in government affairs at the national level, the state level – including the California Legislature and scores of state agencies – and with local governments and agencies. He has authored successful ballot measures and scores of bills for his clients. Jim served as the President and CEO of the California Hotel & Lodging Association from January 1, 1991 through December 31, 2008 and is currently an adjunct professor in the Hospitality Industry Management Program at the University of San Francisco. He is a frequent speaker and writer on all aspects of the law relating to the lodging and hospitality industries, and he is the author of the book Laws Pertaining to the California Innkeeper, which is published by the California Hotel & Lodging Association. To read Jim’s articles, go to www.HotelLawBlog.com. For more information, please contact Jim Abrams at (415) 398-8080 or jabrams@jmbm.com.

Global Hospitality Group®
1900 Avenue of the Stars
7th Floor
Los Angeles, CA 90067
Direct: (310) 201-3526
Direct Fax: (310) 712-8526
E-mail: jbutler@jmbm.com

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Ask The Hotel Lawyer ™

Ask the Hotel Lawyer™ is a quarterly column that I write for JMBM's Global Hospitality Advisor®. If you have a question you would like to submit to Ask the Hotel Lawyer™ please use the comments box below. While your question may not be of sufficient general interest for the column, I will try to respond to you individually if you leave your contact information below. Jim Butler.