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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.

« June 2008 | | August 2008 »
Posted On: July 29, 2008 by the JMBM Global Hospitality Group®

Hotel Management Agreements 201 by Hospitality Lawyer - Indemnification Provisions

By Jim Butler and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com and
Robert E. Braun | Partner JMBM's Global Hospitality Group®
29 July 2008

Hospitality Lawyer: How to survive some of the custom and "lore" of Hotel Management Agreement Indemnification Provisions.

While we have a very deep bench of hospitality lawyers -- particularly in hotel management agreements -- my partner, Bob Braun, is one of the most experienced on our team, with several hundred management contracts to his credit, and a dozen or more on his current work schedule at any point in time.

So it was no surprise when he suggested recently that we work together on a few articles going "beyond the basics" of hotel management agreements and post them for our industry friends on www.HotelLawBlog.com. We decided to call this upcoming series, "Hotel Management Agreements 201." Bob took the lead in putting this first one together on the critical area of INDEMNIFICATION, and here it is.

Continue reading "Hotel Management Agreements 201 by Hospitality Lawyer - Indemnification Provisions" »

Posted In: Hotel Management Agreements

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Posted On: July 27, 2008 by the JMBM Global Hospitality Group®

Hospitality Lawyer -- "Can we keep it up?" An increasingly important issue for the hotel industry!

By Jim Butler and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
27 July 2008

Hospitality Lawyer -- Why we need to maintain the discipline to keep ADRs up! As hotel occupancy rates are tending to soften nationally, the data from Smith Travel Research (STR) tells us that the industry has continued to do well because average daily rates (ADRs) have continued to rise, particularly in the Top 25 markets, and in the market segments that STR calls Luxury, Upper Upscale, Upscale and Midscale without Food & Beverage.

But there is a new threat to industry profits looming on the horizon -- something beyond pestilence, war, recession, and falling airline seat capacity, and this is within our own control if we will just behave rationally. Here's the scoop from www.HotelLawBlog.com.

Continue reading "Hospitality Lawyer -- "Can we keep it up?" An increasingly important issue for the hotel industry!" »

Posted In: Ask the Hotel Lawyer™, Outlook and Trends

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Posted On: July 21, 2008 by the JMBM Global Hospitality Group®

Hospitality Lawyer with perspectives from the top: Insights and advice from Tom Baltimore, President of RLJ Development

By Jim Butler and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
21 July 2008

Hospitality Lawyer: What a difference a year makes! Where we've been and where we're going. Practical advice and observations from Tom Baltimore. On July 17, 2008, at the NABHOOD Conference in Atlanta, the experts gave us the latest update on the Hotel Industry since NYU. (See the 5-part series at www.HotelLawBlog.com analyzing the data available at June 1, 2008 at "Quips, Quotes and Insights from the 2008 NYU hotel conference.").

Trends continue to emerge and JMBM's hospitality lawyers have 3 hot July updates for you on the state of the industry:

1. Jan Freitag, Vice President of Smith Travel Research (jan@smithtravelresearch.com)

2. Mark Woodworth, President of PKF Hospitality Research (mark.woodworth@pkfc.com)

3. Tom Baltimore, President of RLJ Development, LLC (www.rljcompanies.com)


You can also find the Top 10 Picks from www.HotelLawBlog.com by clicking here.

Here's the way Thomas J. Baltimore, Jr., Vice Chairman of NABHOOD and President of RLJ Development, summed things up.

Continue reading "Hospitality Lawyer with perspectives from the top: Insights and advice from Tom Baltimore, President of RLJ Development" »

Posted In: Outlook and Trends

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Posted On: July 19, 2008 by the JMBM Global Hospitality Group®

What lies ahead in the hotel industry? Hospitality Lawyer looks at the good, the bad and the ugly . . . and something we haven't seen in 20 years!

By Jim Butler and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
20 July 2008

Hospitality Lawyer: What lies ahead for the hotel industry? On July 17, 2008, at the NABHOOD Conference in Atlanta, the experts gave us the latest update on the Hotel Industry since NYU. (See the 5-part series at www.HotelLawBlog.com analyzing the data available at June 1, 2008 at "Quips, Quotes and Insights from the 2008 NYU hotel conference.").

Trends continue to emerge and JMBM's hospitality lawyers have 3 hot July updates for you on the state of the industry:

1. Jan Freitag, Vice President of Smith Travel Research (jan@smithtravelresearch.com)

2. Mark Woodworth, President of PKF Hospitality Research (mark.woodworth@pkfc.com)

3. Tom Baltimore, President of RLJ Development, LLC (www.rljcompanies.com)


You can also find the Top 10 Picks from www.HotelLawBlog.com by clicking here.

Here's Mark Woodworth's analysis of "What Lies Ahead," and it is very interesting . . .

Continue reading "What lies ahead in the hotel industry? Hospitality Lawyer looks at the good, the bad and the ugly . . . and something we haven't seen in 20 years!" »

Posted In: Outlook and Trends

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Posted On: July 19, 2008 by the JMBM Global Hospitality Group®

Smith Travel's July Update on State of the Lodging Industry from Hospitality Lawyer in Atlanta

By Jim Butler and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
19 July 2008

Hospitality Lawyer: What's happened in the hotel industry since the NYU Hotel Investment Conference in June? The NABHOOD Conference in Atlanta was the place to be this week, as I reported in my recent blog entitled "Hospitality Attorney salutes NABHOOD"


On Thursday, July 17, 2008, the inspiration and insights continued to flow, with the latest industry data and predictions since NYU. (See the 5-part series at www.HotelLawBlog.com analyzing the data available at June 1, 2008 at "Quips, Quotes and Insights from the 2008 NYU hotel conference."). Another month and a half are under our belts since the NYU Hotel Investment Conference, and the hospitality lawyers from JMBM have 3 hot July updates for you on the state of the industry:

1. Jan Freitag, Vice President of Smith Travel Research (jan@smithtravelresearch.com)

2. Mark Woodworth, President of PKF Hospitality Research (mark.woodworth@pkfc.com)

3. Tom Baltimore, President of RLJ Development, LLC (www.rljcompanies.com)


Here's Jan Freitag's Smith Travel Research July update . . .


Continue reading "Smith Travel's July Update on State of the Lodging Industry from Hospitality Lawyer in Atlanta" »

Posted In: Outlook and Trends

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

Hospitality Attorney salutes NABHOOD, Andy Ingraham, Mike Roberts, Hank Thomas, Mit Shah and the African American hotel community

By Jim Butler and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
16 July 2008

Hospitality lawyer in Atlanta, Georgia at the kick-off for the NABHOOD Annual Convention. If you are not yet a member, sponsor or supporter of NABHOOD -- the National Association of Black Hotel Owners, Operators and Developers -- you need to check out this dynamic organization, whose members own about 325 hotels (up from just 1 in 2001). Thanks to my friend Andy Ingraham, President and Founder of NABHOOD, I am attending the Association's 12th Annual Summit in Atlanta as a speaker and participant, and JMBM's Global Hospitality Group® is a proud sponsor of this event.

As you can tell from many postings here at www.HotelLawBlog.com, I have been attending (and hosting) hospitality conferences for many years and I can tell you that the energy, vision and skill this group is bringing to the industry is just amazing. I like to think of myself as a great networker -- connecting people in the industry to get deals done. But I have met my match. No, I have to say, I have now seen the grand master in action, and I take my hat off to Andy Ingraham and what he helps NABHOOD members do. Congratulations, Andy!

Continue reading "Hospitality Attorney salutes NABHOOD, Andy Ingraham, Mike Roberts, Hank Thomas, Mit Shah and the African American hotel community" »

Posted In: Outlook and Trends

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« June 2008 | | August 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.

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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.