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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.

« January 2009 | | March 2009 »
Posted On: February 28, 2009 by the JMBM Global Hospitality Group®

Hotel Lawyer: Uh Oh! Now they are using the "D" word

For the most recent update on this topic, click here

By Jim Butler and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
28 February 2009

Hotel Lawyer update on economy.

On Friday, the US Commerce Department revised its estimate of the economy's performance for the last quarter of 2008. Instead of an "abysmal" 3.8% contraction estimated earlier, the revised figures say that our Gross Domestic Product or GDP declined at a scary 6.2% rate. And yesterday was also the first time I have seen the New York Times describe the mess we are in with the "D" word . . .

Continue reading " Hotel Lawyer: Uh Oh! Now they are using the "D" word " »

Posted In: Global Financial Crisis & Recovery

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Posted On: February 27, 2009 by the JMBM Global Hospitality Group®

Hotel Lawyer: New hotel data and revised predictions for 2009. Increased hotel loan stress, falling NOI and slumping values. It's going to get worse before it gets better.

For the most recent update on this topic, click here

By Jim Butler and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
27 February 2009

Hotel Lawyer with an update on hotel industry prospects.

As we have been reporting, the data coming in from the field continues to show deteriorating economic results in the hotel industry. Here's the latest on how 2008 ended up, and how 2009 and 2010 are shaping up now, including a special report on the hotel industry from Moody's.


Continue reading " Hotel Lawyer: New hotel data and revised predictions for 2009. Increased hotel loan stress, falling NOI and slumping values. It's going to get worse before it gets better. " »

Posted In: Outlook and Trends

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Posted On: February 26, 2009 by the JMBM Global Hospitality Group®

ADA Lawyer alert for hotels and restaurants: ADA Accessibility Guidelines (ADAAG) put on hold so Obama administration can review.

For the most recent update on this topic, click here

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

26 February 2009

Hotel ADA Defense and Compliance Lawyers: ADAAG implementation delayed by Obama administration.

At www.HotelLawBlog.com, like most of our colleagues in the hotel and restaurant industries, we support the ADA's purpose and intent to grant reasonable access to disabled persons. But the devil is always in the details. For example, it is one matter to build new facilities in compliance with current reasonable standards, but it is another matter to require a massive retrofit of existing facilities. And ambiguities in the law should not be used, with hindsight, to punish reasonable, good-faith attempts to comply. Critical "details" of great importance are the focus of proposed changes in the guidelines for ADA compliance.

We hope that the "hold" put on implementation of the new guidelines requested by President Obama means that the well-reasoned comments of the AH&LA and other concerned parties will be considered more seriously. See Hospitality Lawyer with urgent ADA warning: You won't believe what they want to do with ADA now.

Continue reading " ADA Lawyer alert for hotels and restaurants: ADA Accessibility Guidelines (ADAAG) put on hold so Obama administration can review. " »

Posted In: ADA Defense

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Posted On: February 23, 2009 by the JMBM Global Hospitality Group®

Hotel Lawyer: Eureka! A ray of sunshine amidst the gloom.

For the most recent update on this topic, click here

By Jim Butler and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
23 February 2009

Hotel Lawyers find a ray of sunshine. As the headlines continue to belt out new tales of financial crises, crumbling infrastructure and staggering debt, it's nice to have an occasional ray of sunshine. Here it is, from Italy!

Continue reading " Hotel Lawyer: Eureka! A ray of sunshine amidst the gloom. " »

Posted In: Outlook and Trends

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Posted On: February 17, 2009 by the JMBM Global Hospitality Group®

Hotel Attorneys with the latest "updates from the field"

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By Jim Butler and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
17 February 2009

Hospitality Lawyers with the latest reports on what is happening at hotels in the U.S. and Europe.

It is always great to get the global perspective from Mark Woodworth of PKF Consulting (see Latest insights from JMBM's Hotel Attorneys and PKF Consulting on what lies ahead for the hotel industry) and Mark Lomanno of STR, but that is only one perspective.

Here is what the hospitality attorneys of JMBM's Global Hospitality Group® are hearing from "the field" in real time . . .

Continue reading " Hotel Attorneys with the latest "updates from the field" " »

Posted In: Global Financial Crisis & Recovery , Outlook and Trends

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Posted On: February 15, 2009 by the JMBM Global Hospitality Group®

Hotel Lawyers: How do we pay for this? And what happens next?

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By Jim Butler and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
15 February 2009

Hotel Lawyers ask: How do we pay for this? And what happens next?

We are all in a panic to get this "crisis" over. It can't happen too soon. We are resolved to pay "whatever it takes" to do it, but up to this point, our leaders have not given us any detail to show us what they are thinking or whether any of it will work. But with people beginning to look at other currencies to replace the dollar as reserve currency of choice, we have to wonder a bit about our direction.

Continue reading " Hotel Lawyers: How do we pay for this? And what happens next? " »

Posted In: Global Financial Crisis & Recovery

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Posted On: February 14, 2009 by the JMBM Global Hospitality Group®

Congress approves landmark Stimulus Plan. What is the bailout plan? Hotel Lawyers insights on what Geithner has in mind.

For the most recent update on this topic, click here

By Jim Butler and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
14 February 2009

Hotel Lawyers on the Bank Bailout bill and implications for the hotel industry. With Senate approval late Friday night, Congress has now approved the bailout bill. President Obama's approval is a foregone conclusion. But the details of the bailout plan still worry businesses around the country.

Continue reading " Congress approves landmark Stimulus Plan. What is the bailout plan? Hotel Lawyers insights on what Geithner has in mind. " »

Posted In: Global Financial Crisis & Recovery

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Posted On: February 11, 2009 by the JMBM Global Hospitality Group®

Hotel Lawyers pondering the "black box" of Geithner's "bad bank"

For the most recent update on this topic, click here

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

Hotel Lawyers looking for liquidity in hotel finance. As Congress reached a $789.5 billion compromise on the almost stimulus bill, Treasury Secretary Timothy F. Geithner testified for a second day in front of a Senate panel and was pressed to reveal more details on how the Administration's program would work.

It still looks like a "black box"where no one knows what's going on inside. This won't help solve the problem.

Continue reading " Hotel Lawyers pondering the "black box" of Geithner's "bad bank" " »

Posted In: Global Financial Crisis & Recovery

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Posted On: February 10, 2009 by the JMBM Global Hospitality Group®

Distressed hotel assets find no fast relief in bailout plan. Up to $1 trillion "bad bank" to take toxic assets. No critical details yet.

For the most recent update on this topic, click here

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

Hotel lawyers on the continuing financial crisis. A few minutes ago, on a 61-37 vote, the U.S. Senate approved an $838 billion package to attack the financial crisis. Negotiations will now start to strike a compromise with the House.

Meanwhile, Treasury secretary Timothy F. Geithner's greatly anticipated unveiling of the administration's bailout plan details left the markets and many expert's flat. Expecting more detail on exactly how the plan would work, "investors greeted Mr. Geithner's speech with dismay and the Dow Jones industrial average shed 300 points" according to the Wall Street Journal.

Here's what we know.

Continue reading " Distressed hotel assets find no fast relief in bailout plan. Up to $1 trillion "bad bank" to take toxic assets. No critical details yet. " »

Posted In: Outlook and Trends

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Posted On: February 9, 2009 by the JMBM Global Hospitality Group®

Troubled Hotel Loans: Turning point or just another ledge on the cliff before we go over the edge? Bad bank rescue and RTC-2 ahead?

For the most recent update on this topic, click here

By Jim Butler and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
9 February 2009

Hotel Lawyers contemplating the cleanup ahead. Today and tomorrow may either mark a turning point for economic recovery or just another ledge we bounce off before we plunge into a deeper abyss.

Continue reading " Troubled Hotel Loans: Turning point or just another ledge on the cliff before we go over the edge? Bad bank rescue and RTC-2 ahead? " »

Posted In: Outlook and Trends

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Posted On: February 6, 2009 by the JMBM Global Hospitality Group®

Hotel Lawyers: How bad is it? And how bad will it get?

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By Jim Butler and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
6 February 2009

Hotel Lawyers: It's not getting any better yet. The New York Times announced this morning that almost 600,000 jobs were lost in January 2009, bringing total unemployment in the U.S. to 7.6%, the highest level in 16 years. The government also revised estimates of job losses for prior periods, adding another 400,000 job losses to prior estimates.

This brings the total job losses since December 2007, when the recession began, to more than 3.6 million jobs. Just to put that in perspective, the 2007 census said the entire population of Los Angeles was only 3.8 million people. So our job losses over the last 13 months are now almost as big as the City of Los Angeles.

What are the ramifications of that for the hospitality industry?

Continue reading " Hotel Lawyers: How bad is it? And how bad will it get? " »

Posted In: Outlook and Trends

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Posted On: February 4, 2009 by the JMBM Global Hospitality Group®

Hotel lawyers' on "State Of The Hotel Industry" -- Sound Bites from hotel industry leaders at the ALIS conference

For the most recent update on this topic, click here

By Jim Butler and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
5 February 2009

Hotel Lawyers at "The conference of doom and gloom"

The ALIS conference this year was as glum as I can recall. You would have to go back to 1991 and 1992 at the old UCLA and NYU conferences to find a similar mood. Compared to the record attendance of more than 3,200 at last year's ALIS conference, the attendance of 1,700 was a good showing, but obviously reflected a lot of cutbacks.

Continue reading " Hotel lawyers' on "State Of The Hotel Industry" -- Sound Bites from hotel industry leaders at the ALIS conference " »

Posted In: Outlook and Trends

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Posted On: February 4, 2009 by the JMBM Global Hospitality Group®

"Hotel Mixed-Use" is the key to reinventing retail says ULI Retail Panel

For the most recent update on this topic, click here

By Jim Butler and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
4 February 2009

Hotel lawyer in Beverly Hills at the ULI "Reinventing Retail and Mixed-Use" program, the Beverly Hilton, Beverly Hills, California, February 4-5, 2009. The Urban Land Institute's big retail conference is underway and one of the lead off panels had some great information about why hotels are being added to retail mixed-use projects.

Continue reading " "Hotel Mixed-Use" is the key to reinventing retail says ULI Retail Panel " »

Posted In: Hotel Mixed-Use

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Posted On: February 2, 2009 by the JMBM Global Hospitality Group®

Latest insights from JMBM's Hotel Attorneys and PKF Consulting on what lies ahead for the hotel industry . . .

For the most recent update on this topic, click here

By Jim Butler and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
2 February 2009

Hotel Lawyers with the pulse of the hotel industry from ALIS. Mark Woodworth of PKF Consulting shared his latest analysis of the hotel industry with us, as well as his slides from the ALIS conference. The picture is not pretty. Mark says, that if you're waiting for the recovery, the key word is "PROTRACTED." Here are the details.

Continue reading " Latest insights from JMBM's Hotel Attorneys and PKF Consulting on what lies ahead for the hotel industry . . . " »

Posted In: Outlook and Trends

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« January 2009 | | March 2009 »

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 1,300 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 1,300 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 1,300 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 1,300 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 1,300 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 1,300 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® -- a team of 50 seasoned professionals with more than $60 billion of hotel transactional experience, involving more than 1,300 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® -- a team of 50 seasoned professionals with more than $60 billion of hotel transactional experience, involving more than 1,300 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 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.

Eudeen Chang

Eudeen Chang is a lawyer in the Litigation Department of JMBM's Orange County office and a member of the Global Hospitality Group®. He represents hotels in a variety of litigation matters, including ADA defense. He is well-versed in all aspects of litigation, from pre-lawsuit strategizing to trial, post-judgment collection and through appeal. He also serves as outside general counsel for a number of small and mid-sized companies and high net-worth individuals. Contact Eudeen at EChang@jmbm.com or 949.623.7232.

Victor Shum

Victor Shum is a corporate and securities partner in JMBM's Corporate Department and a member of JMBM's Global Hospitality Group® and Chinese Investment Group™. He has advised clients on EB-5 matters since 1999 andassists hotel developers on EB-5 financing as well as public and privatesecurities, mergers and acquisitions, cross-border issues, and otherstrategic business transactions, including real estate transactions andintellectual property and technology licensing matters. For moreinformation, contact Victor Shum at 415.984.9611 or vshum@jmbm.com.

Scott Brink

Scott Brink is a senior member of JMBM's Global Hospitality Group® anda partner in JMBM's Labor & Employment Law Department. Scott is amanagement labor lawyer with more than two decades of experiencerepresenting employers in all aspects of labor relations and employmentlaw including union prevention, collective bargaining negotiations,defense of unfair labor practice charges before the NLRB, wrongfuldischarge litigation, individual and class action employmentdiscrimination and wage-and-hour claims, sexual-harassment litigation,arbitrations, personnel policies, California wage and hour law, andemployee discipline and discharge. An experienced trial attorney, Scotthas litigated a number of high-profile and complex cases involving awide range of labor and employment law matters. For more information,contact Scott Brink at RSB@jmbm.com or 310.785.5365.

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.