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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.

« February 2008 | | April 2008 »
Posted On: March 28, 2008 by the JMBM Global Hospitality Group®

Hospitality Lawyers: Defending ADA lawsuits. How your hotel website can make you a target for ADA lawsuits

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

28 March 2007

Hospitality Lawyers: Defending ADA claims. How lawsuits brought under the Americans With Disabilities Act (ADA) can target your website or online reservation system . . . and what you should do about it now.

A recent decision by a Federal judge has ruled that the ADA's architectural barrier requirements can apply to websites, setting the stage for litigation. Is your hotel's website accessible to the blind and those with impaired eyesight? If you use a third-party reservation system, are you liable if their website is not accessible?

Continue reading "Hospitality Lawyers: Defending ADA lawsuits. How your hotel website can make you a target for ADA lawsuits" »

Posted In: ADA

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Posted On: March 17, 2008 by the JMBM Global Hospitality Group®

Green Hotel Lawyer: Why should you do GREEN hotel development, and HOW do you do it?

By Jim Butler, Hotel Lawyer | Author of www.HotelLawBlog.com
17 March 2008

Green hotel lawyer at the UNLV-JMBM Hotel Developers Conference™ 2008, Las Vegas, Nevada. In my last posting on www.HotelLawBlog.com, I talked about the keynote address given by Dan Esty at this conference on GREEN hotel development, rehab and operation. Dan Esty is a Yale professor and environmental consultant to businesses including the Fortune 1000. He is also one of the most relevant, practical and influential geniuses observing and guiding businesses in coping with and profiting from greener and more sustainable behavior. If you have not read his seminal Green to Gold, you should do yourself a favor and go to Amazon.com and get a copy right away. It certainly changed my perspective on things. (see Green Hotel Development Lawyer: UNLV-JMBM Hotel Developers Conference 2008)

But the green hotel development conference was also the stage for a 5-star line up of some of the most advanced thinkers and prestigious leaders at the intersection of hospitality, development, architecture, design, engineering and sustainability. They included the thought leaders and battle-scarred veterans from the trenches working on already-successful and still-pending green hotel development projects who raised many thought-provoking, controversial, and often troublesome, challenges to our conventional thinking and business-as-usual approaches. It seemed clear to me that the sea change has occurred. It is only a question of when our boats rise or fall with tide.

Who was there? What did they say? Why was it so important? Well, here are some more of the details and my take on this whole "green hotel development thing" . . .

Continue reading "Green Hotel Lawyer: Why should you do GREEN hotel development, and HOW do you do it?" »

Posted In: Green Hotels, Hotel Developers Conference™

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Posted On: March 16, 2008 by the JMBM Global Hospitality Group®

Green Hotel Development Lawyer: UNLV-JMBM Hotel Developers Conference 2008

By Jim Butler, Hotel Lawyer | Author of www.HotelLawBlog.com
16 March 2008

Las Vegas Hotel Developers Conference. For the hundreds of hotel developers, operators, builders, vendors and consultants that flew into Las Vegas to attend the UNLV-JMBM Hotel Developers Conference™, it was hard to miss the half-dozen towers pushing up from the desert floor that mark MGM Mirage CityCenter™.

Learning how (and why) this $8 billion construction effort -- the largest privately constructed building effort in North America -- is building "green" into every facet of the project was just one of the highlights of the first day's program at the UNLV-JMBM Hotel Developers Conference™ on Green Hotels. (To see the full program, or order Conference materials, go to www.jmbm.com/thdc or go to www.HotelLawBlog.com and see the growing library of green hotel resources listed in Green Hotel Lawyer: ULI's Urban Land article on Greening Hotels.)

Here are some more details

Continue reading "Green Hotel Development Lawyer: UNLV-JMBM Hotel Developers Conference 2008" »

Posted In: Green Hotels, Hotel Developers Conference™

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Posted On: March 16, 2008 by the JMBM Global Hospitality Group®

Green Hotel Lawyer: ULI's Urban Land article on Greening Hotels

By Jim Butler, Hotel Lawyer | Author of www.HotelLawBlog.com
16 March 2008

Green Hotel Lawyer: The compelling economic case for building, developing and converting green hotels. This is not about the "soft stuff" of why green is right (it is, but that is a different discussion), it is much more pragmatic.

Starting shortly after JMBM's annual Hotel Developers Conference 2007, when JMBM had a great panel of green hotel experts, www.HotelLawBlog.com has covered the compelling hard economics of green hotels. For example, go to HotelLawBlog.com and see Hotel Lawyer on the "real economics" behind the paradigm shift to GREEN hotels or look at the incredible program and materials available at www.jmbm.com/thdc from the 2008 Hotel Developers Conference on green hotel development, construction, conversion and operation.

But the library of great resource materials on how to develop, convert and operate green hotels continues to grow. ULI has just published Jim Butler's latest article on the hard economics of greening hotels. Here is the latest. . .

Continue reading "Green Hotel Lawyer: ULI's Urban Land article on Greening Hotels" »

Posted In: Green Hotels, Hotel Developers Conference™

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« February 2008 | | April 2008 »

About the Authors

Jim Butler

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.