February 28, 2011

Buying a Hotel? Don't buy an ADA lawsuit or DOJ Investigation

by the JMBM Global Hospitality Group®

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 2011

Many investors view our current economic downtime as the perfect opportunity to purchase distressed hotel and motel assets at substantial discounts. Before any of these investors complete a purchase transaction, however, they should add one more item to their due diligence checklist: whether the hotel's physical property and operating procedures comply with the Americans with Disabilities Act (ADA), and similar state statues.

JMBM Global Hospitality Group® member, Eudeen Chang, defends hotels in ADA litigation and explains to investors how the ADA can effect their hotel investment.

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February 23, 2011

Hotel Lawyer on Hotel Management Agreements: Exculpation Clauses for protecting the owner's assets

by the JMBM Global Hospitality Group®

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 2011


Important message about liability to hotel investors acquiring hotel assets and hotel owners renegotiating agreements with their operators:

Your hotel operator has most likely included indemnification provisions in the Hotel Management Agreement (HMA) designed to limit their liability for operating your hotel. On your operator's draft of the HMA, it's a good bet that a provision limiting YOUR liability does not exist in the agreement.

Don't you think the liability limitations should be mutual? Here's how to do it: the ""exculpation clause."

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February 15, 2011

ADA Defense & Compliance Lawyer: How to handle an ADA lawsuit . . . and How not to do it

by the JMBM Global Hospitality Group®

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
15 February 2011

The hotel lawyers at JMBM's Global Hospitality Group® see a lot of ADA cases and believe the claims will increase tremendously in the next few years as a result of the current political climate, new regulations, higher priorities assigned by the Department of Justice, and passionate private litigants seeking to make the world ADA-compliant.

We get several calls every week from people served with new ADA complaints. Most of these hotel and restaurant owners just want to resolve the litigation at the lowest possible cost, including both the compliance cost and legal fees. Of course they don't want to be sued by another plaintiff on the same, or similar, claim a week later, but that is a somewhat different problem that we also deal with.

JMBM's ADA defense team has defended more than 450 ADA claims. We know almost all the plaintiffs, their strategies, their hot buttons, and their weaknesses. We know how to defend or settle cases with the least exposure to future claims and at the lowest all-in cost.

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February 5, 2011

Hotel Lawyer: 5 key elements for good Hotel Management Agreement budget provisions

by the JMBM Global Hospitality Group®

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 2011

Hotel Lawyer with more advice on Hotel Management Agreements, focusing on critical budget provisions.

For more than 20 years, the hotel lawyers of JMBM's Global Hospitality Group® have negotiated, renegotiated, litigated, arbitrated and advised hotel owners on more than 1,000 hotel management agreements. Negotiating the hotel management agreement (or HMA) is one of the most important things hotel owners will ever do for their hotel investment. A good HMA can add significant value to a hotel property - and a bad one can detract significant value, as well.

The HMA Handbook is coming soon! We think that the HMA is so important, that our next book in the "We Wrote the Book" series will focus entirely on the hotel management agreement and will include the many critical components needed to achieving an HMA that is good for the owner as well as the operator. We have included numerous articles on hotel management agreements in the Hotel Law Blog over the years (Click here to access all of them), but this is the first article we have presented on HMA budget provisions. You won't want to miss it.

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