November 29, 2006

Hospitality Lawyer -- What women really want!

by the JMBM Global Hospitality Group®

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By Jim Butler, Hotel Lawyer | Author of www.HotelLawBlog.com
29 November 2006

What do women really want? Women want more power . . . for their internet connections and their hair dryers!

Nancy Pelosi will soon be Speaker of the House, Senator Hillary Clinton and Secretary of State Condoleezza Rice are contenders for their respective parties' presidential nominations, and Oprah Winfrey has earned her way to Forbes' list of billionaires. 2006 is drawing to a close -- is anyone still asking what it is that women really want?

According to a number of studies, it's still a very good question -- particularly when considering that women consumers demonstrate a higher degree of loyalty and are willing to pay more for service and quality. Who wouldn't be interested in a sizeable market segment with those characteristics? Let's take a look at how important this question is and what answers the latest research provides.

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November 28, 2006

Condo Hotel Lawyer -- What in the world is going on with condo hotels now?

by the JMBM Global Hospitality Group®

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By Jim Butler, Hotel Lawyer | Author of www.HotelLawBlog.com
28 November 2006

Condo Hotel Lawyer Las Vegas. On November 30, 2006, I will be participating in the first two opening general sessions of IMN's Symposium on Financing, Developing and Operating Condo Hotels at the Mirage in Las Vegas, Nevada. This will be an interesting opportunity to compare notes and take the current pulse of the industry. Is the bloom off the rose? Can condo hotel deals still be done? Where is the opportunity now? How do you capture it? What are the pitfalls? How do you make a condo hotel deal work today?

Why are more than 550 people coming to a condo hotel symposium in late 2006??? Obviously there is a huge continuing interest in the condo hotel phenomenon, but is the model sustainable in the current environment? Unless there are unique features, great sponsorship and market validation? Where are we? What is happening?

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November 26, 2006

Hospitality Lawyer -- Who's crying "Woof"? What you must know about the ADA requirements for disabled guests and their service animals . . .

by the JMBM Global Hospitality Group®

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By Jim Butler, Hotel Lawyer | Author of www.HotelLawBlog.com
26 November 2006

Hotel Lawyer on ADA. Hotel ADA problem? If your establishment is a "no pets" hotel, how do you respond to disabled guests and their service animals? Can you demand proof from a hotel guest that an animal is, indeed, a service animal? What can you do if the barking of a canine service animal disturbs other guests? What if a guest claims that a monkey is a service animal, needed to alert the guest to some danger, such as fire or smoke in a room? What can you ask a guest about a claimed disability and his or her service animal before you run afoul of the law?

My partner, Marty Orlick helps clients with all kinds of ADA matters. He has defended clients in almost 200 cases dealing with the Americans with Disabilities Act (ADA) and he has been asked all of these questions over the years. According to Marty, the best time to answer these questions is before a disabled guest lodges a complaint or files a lawsuit claiming discrimination and civil rights violations.

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November 16, 2006

Hospitality Lawyer -- Sternlicht's Starwood Capital to put $500 million in India . . . for Crillon, '1' Hotels and Residences and budget hotel chain, Campanile

by the JMBM Global Hospitality Group®

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By Jim Butler, Hotel Lawyer | Author of www.HotelLawBlog.com
16 November 2006

Hotel Lawyer on hotel investment n India. As hospitality lawyers, we expected it. In my posting from the Phoenix Lodging Conference entitled Hospitality Lawyer - Hotels in China, India and Mexico are capturing the imagination and resources of the hotel industry, I said that I was struck by how the talk was absolutely dominated by discussions of development in China, India, Mexico and Europe. And I wondered out loud if a new era of hotel development outside the U.S. was already underway.

Well, Bloomberg reported on November 14, that Barry Sternlicht's Starwood Capital has committed up to $500 million to new hotel investment in India. That is one pretty good indication of the trend! In case you missed it, here are the details and what it all means.

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November 14, 2006

Hotel Labor & Employment Lawyer Report -- Sutter Health Implications Part II

by the JMBM Global Hospitality Group®

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By Jim Butler, Hotel Lawyer | Author of www.HotelLawBlog.com
14 November 2006

Hotel Lawyer on hotel labor and employment issues. Yesterday, I discussed the record jury verdict against Unite Here in the Sutter Health case where a Superior Court jury in rural Placer County California found Unite Here guilty of "fraud, malice or oppression." The jury hit the union with a $17.3 million verdict for intentionally and maliciously acting to harm the business of the Sutter Health not-for-profit hospitals and birthing clinics. As usual, I looked to Marta Fernandez, my hotel labor attorney partner, for insight and guidance. Yesterday, she gave us 9 points to think about as to the significance of the case -- what it all means. But she saved some real gems for today's short blast. Here they are.

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November 13, 2006

Hotel Labor & Employment Lawyer Report -- Unite Here gets slapped for outrageous behavior! Sutter Health Implications Part I

by the JMBM Global Hospitality Group®

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By Jim Butler, Hotel Lawyer | Author of www.HotelLawBlog.com
13 November 2006

Hotel Lawyer on hotel labor and employment issues. On July 21, 2006, a Superior Court jury in rural Placer County California -- where you still expect jurors to know the value of a dollar -- found Unite Here guilty of "fraud, malice or oppression." This time, Unite Here -- the union that represents hotel and hospitality workers -- was caught red handed in its typical outrageous behavior. And it got slapped ... but good. The jury hit the union with a $17.3 million (actually $17,292,850) verdict for intentionally and maliciously acting to harm the business of the Sutter Health not-for-profit hospitals and birthing clinics. This is one of the biggest verdicts ever awarded against a labor union in the United States. As usual, I looked to Marta Fernandez, my hotel labor attorney partner, for insight and guidance.

Marta says, "This case is another very important one for all employers. It is right up there with Oakwood and Cintas. It is both educational as to the 'hard ball' tactics Unite Here regularly employs, shows the union's true colors, and demonstrates that when employers will stand up to outrageous union threats and behavior, they finally may be vindicated and justified." Listen to this story! If you are an employer, it will warm your heart. If you are a callow union boss, it should give you second thought.

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November 12, 2006

Hospitality Lawyer -- Trump's luxury residential mixed-use project in Hawaii sells out in 8 hours. New sales record claimed.

by the JMBM Global Hospitality Group®

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By Jim Butler, Hotel Lawyer | Author of www.HotelLawBlog.com
12 November 2006

Hotel Lawyer on How to have a blow out of hotel-enhanced residential mixed-use. Donald Trump seems to find himself surrounded by controversy -- whether it involves his giant kiosk in Chicago, his huge American Flag at his Mar-a-Lago Club in Palm Beach or his big "hole" in Manhattan's Soho. But whatever you think of the man, you have to be impressed by the latest demonstration of his brand power at the Trump International Hotel & Tower in Waikiki. According to the story by Allison Schaefers in Saturday's Honolulu Star Bulletin, Trump and his Los Angeles-based partner, Irongate, set a new world record for residential development sales -- selling more than $700 million of luxury units in just 8 hours, and selling out all 464 hotel suites and residences in the first day of what had been planned as a two-day sales event.

The Trump-Irongate sell out surpassed what is claimed to be the prior record established by Intrawest last December when it sold $425 million, comprising 318 units, of the first phase of hits Maui resort development. What does this mean?

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November 12, 2006

Hospitality Lawyer -- New model for Condo Hotel regulation? In lieu taxes?

by the JMBM Global Hospitality Group®

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By Jim Butler, Hotel Lawyer | Author of www.HotelLawBlog.com
12 November 2006

Condo Hotel Lawyer on "in lieu taxes." On November 7, 2006, the voters did more than put the Democrats in power in Washington, D.C. In Indian Wells, a wealthy desert resort community near Palm Springs, California, a 82.48% landslide vote approved Indian Wells Measure P -- a condo hotel tax. Some think that the Indian Wells measure will serve as a model tax for the country. Others just fear it will stifle development and spread nationwide like a virus.

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November 11, 2006

Hotel Mixed Use -- Magic Johnson's latest billion dollar bet.

by the JMBM Global Hospitality Group®

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By Jim Butler, Hotel Lawyer | Author of www.HotelLawBlog.com
11 November 2006

Hotel Lawyer on hotel-mixed use. Earvin "Magic" Johnson Hotels? Well maybe not yet, but Bloomberg reported yesterday (November 10, 2006) that basketball Hall-of-Famer, Earvin "Magic" Johnson has just announced a $1 billion Atlanta mixed-use development with hotel, residential and retail components to revitalize three blocks of Atlanta's midtown area. This is interesting for several reasons.

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November 8, 2006

Condo Hotel Splits -- Allocating Costs Fairly and Consistently

by the JMBM Global Hospitality Group®

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By Jim Butler, Hotel Lawyer | Author of www.HotelLawBlog.com
8 November 2006

Condo Hotel Lawyer on "The Splits." A few days ago, in a posting called The "Splits" -- One size does not fit all, I emphasized the importance of achieving fair and realistic "splits" of revenue among all the stakeholders in a condo hotel or other hotel mixed-use property. These stakeholders might include condo hotel unit owners, timeshare or fractional owners, pure residential unit owners, and retail or commercial unit owners (e.g. the owners of the spa, waterpark, restaurant, parking operator or sundries store).

The key to getting the right splits and a viable condo hotel regime structure is a fair and reasonable allocation of all expenses and revenues involved in the project. As a starting point, you might allocate expenses on the basis of square footage use, revenues generated or other rational basis. But what items should be allocated to whom? How do accomplish a fair allocation?

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November 7, 2006

Alan Greenspan's green light for continued good times in hospitality industry

by the JMBM Global Hospitality Group®

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By Jim Butler, Hotel Lawyer | Author of www.HotelLawBlog.com
7 November 2006

In recent posts, I have detailed why the hospitality industry is well poised to continue record profits and sustained growth for several more years. But I have also noted that even though the hospitality industry has its fundamentals in place, the industry enjoys (or suffers) almost a 1 to 1 correlation with changes in the U.S. economy's GDP. And all the worry over the sagging housing industry's impact on the economy has caused a lot of concern. (See "Good Times Now, But Speed Bumps Ahead?") Yesterday, Alan Greenspan calmed those concerns somewhat.

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November 6, 2006

Condo Hotel Lawyer: The "Splits" -- One size does not fit all

by the JMBM Global Hospitality Group®

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By Jim Butler, Hotel Lawyer | Author of www.HotelLawBlog.com
6 November 2006

Condo Hotel Lawyer on customizing the "Splits" for your project. As hospitality lawyers and business advisors, my partners and I spend a lot of time with our hotel developer clients determining the appropriate "splits" for their condo hotel projects. How to split -- or divide -- revenues earned from renting a condo unit between the unit owner, the hotel operator, and other stakeholders, is critical to a condo hotel's success. So let's look at some of the considerations.

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November 2, 2006

Hospitality Lawyer -- Landmark ADA case could provide relief for California hotels.

by the JMBM Global Hospitality Group®

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By Jim Butler, Hotel Lawyer | Author of www.HotelLawBlog.com
2 November 2006

Hotel Lawyer on ADA developments affecting hospitality. On October 26, 2006, the California state Court of Appeal ruled that disabled plaintiffs suing for damages under California's Unruh Civil Rights Act (Unruh Act), must prove intentional discrimination in order to recover the $4,000 minimum damages per offense" that makes this kind of litigation so lucrative to plaintiffs and their lawyers.

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