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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.

ADA

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

Hotel Lawyers and the ADA: Is the DOJ's ADA Compliance Survey Coming to Your City Soon? What to do when you receive the DOJ's ADA Compliance Review questionnaire.

By Jim Butler and JMBM's Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
11 December 2009

Even if you don't have a hotel in Manhattan, you will want to know about the "Manhattan Hotels ADA Compliance Review Survey" conducted by the U.S. Department of Justice (DOJ). The DOJ's reach is nationwide and other cities are targeted for the same kind of survey and enforcement.

In an interview on the Hotel Law Blog earlier this year, Coming to a Theater District Near You: The DOJ's ADA "Survey," my partner, Marty Orlick, described the sweeping scope of the DOJ's ADA Compliance Review Survey of Manhattan hotels. In that interview, Marty emphasized that hoteliers who receive the questionnaire should be aware that DOJ investigators may have already been to their hotel -- in fact, the DOJ's sub rosa investigation may be why the hotel received the survey in the first place.

In today's interview on the same topic, Marty explains what hotel owners and managers should do when they receive the DOJ's ADA Compliance Review questionnaire in the mail. (First: take it very, very seriously.)

Continue reading " Hotel Lawyers and the ADA: Is the DOJ's ADA Compliance Survey Coming to Your City Soon? What to do when you receive the DOJ's ADA Compliance Review questionnaire. " »

Posted In: ADA

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Posted On: September 30, 2009 by the JMBM Global Hospitality Group®

ADA Hotel Lawyers: California opens door to more ADA litigation, but also offers protection to the well-informed

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

Americans with Disabilities (ADA) update. Why you need to take advantage of the "Certified Access Specialists program" (CASp)! Much needed new protection for property owners against ADA litigation even as California Supreme Court decision opens door to more ADA claims

ADA Lawyer update. Worried about ADA claims? If not, you should be! There is a flood of private claims driven by evangelistic "true believers" and blackmail artists. The real tsunami is still coming. The government itself is initiating nationwide enforcement "sweeps" against hotels, and the California Supreme Court is making it more profitable and easier than ever to file ADA claims.

What can YOU do? Finally, there is something you can do to shield yourself against this ADA litigation threat in California. The CASp program is cost-effective and invaluable protection. Don't wait until it is too late!

Continue reading " ADA Hotel Lawyers: California opens door to more ADA litigation, but also offers protection to the well-informed " »

Posted In: ADA

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Posted On: March 29, 2009 by the JMBM Global Hospitality Group®

Hotel & Timeshare Lawyer: Does the timeshare exit strategy or repositioning your property create ADA problems?

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

Hotel Lawyer and Timeshare Lawyer in Orlando at the ARDA Conference.

Hotel Lawyer: Exit strategies of repositioning can create ADA issues you need to watch. Timeshare lawyer David Sudeck is in Orlando at the ARDA Conference right now, comparing notes with others in the timeshare business. Many see conversion of hotel or condo projects to timeshare as an alternate exit strategy for their investment, but are missing some important issues, as he writes for www.HotelLawBlog.com.

Continue reading " Hotel & Timeshare Lawyer: Does the timeshare exit strategy or repositioning your property create ADA problems? " »

Posted In: ADA , Timeshare

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

Hotel ADA Defense Lawyer: ADA Compliance is no longer an option. There is a "new sheriff" in town, and problem prevention costs a fraction of defense and compliance under a microscope.

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

ADA defense and compliance advice from Hotel Lawyers: An ounce of prevention is worth more than a pound of cure. The Americans with Disabilities Act, or ADA, is an important federal law applicable to all hotels in the United States because they are places of "public accommodation." And just as the federal Civil Rights Act became a powerful instrument to prevent discrimination by hotels, the ADA is now assuming commanding importance in eliminating "barriers" to the use and enjoyment of hotels, restaurants and other facilities governed by the act.

In tough economic times, we all want to slash "unnecessary" expenses, but the costs of a proactive ADA compliance program deserve a more "critical" rating than many have given it up to now. And as the saying goes, you can pay a dollar for prevention today or many times that amount tomorrow in defending litigation and meeting a higher standard after your operation has been put under a plaintiff's microscope. The Department of Justice's recent ADA sweeps in New York City, and the rising tide of private ADA lawsuits filed against hotel owners are compelling proof.

Continue reading " Hotel ADA Defense Lawyer: ADA Compliance is no longer an option. There is a "new sheriff" in town, and problem prevention costs a fraction of defense and compliance under a microscope. " »

Posted In: ADA

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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.

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

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

Hospitality Lawyers: ADA Sweeps by U.S. Department of Justice -- Coming to a theater district or Hotel near you soon? How to get ready before it's too late. New developments with the American with Disabilities Act "surveys" and enforcement.

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

An important ADA sweep has been launched -- a development involving the Americans with Disabilities Act -- and there are important, cost-effective steps a prudent owner or operator can take now to solve unnecessary problems. We expect more ADA Sweeps soon. An ounce of prevention is worth a pound a cure.

Here is what this is all about. . .

Continue reading " Hospitality Lawyers: ADA Sweeps by U.S. Department of Justice -- Coming to a theater district or Hotel near you soon? How to get ready before it's too late. New developments with the American with Disabilities Act "surveys" and enforcement. " »

Posted In: ADA

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Posted On: January 5, 2009 by the JMBM Global Hospitality Group®

The Best from the Blog -- Hotel Lawyers

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

To say the least, the last year has been a very "interesting" one. Here are our picks for "The Best from HotelLawBlog.com" from 2008. There are some classic pieces here!

Continue reading " The Best from the Blog -- Hotel Lawyers " »

Posted In: ADA , Global Financial Crisis & Recovery , Green Hotels , Hotel Finance − Hotel Debt & Hotel Equity , Hotel Management Agreements , Hotel Mixed-Use , Labor & Employment , Meet the Money® , Timeshare , Workouts, Bankruptcies & Receiverships

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

Hotel Lawyers: Americans with Disabilities Act -- How recent ADA developments can affect your hotel. Are you ready for a class action ADA lawsuit because of your hotel website?

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

Recent ADA Guidelines and the Target case provide a big wakeup call to the hotel industry for its internet "channel" of distribution. When the Americans with Disabilities Act (ADA) was enacted by Congress in July 1990, the Internet was in its infancy and few, if any, considered its applicability to cyberspace. But a settlement of a cyberspace lawsuit in a major case on the issue pending in Federal Court stands to set a precedent with far reaching implications for the hotel industry as well as the nation's retailers.

Continue reading " Hotel Lawyers: Americans with Disabilities Act -- How recent ADA developments can affect your hotel. Are you ready for a class action ADA lawsuit because of your hotel website? " »

Posted In: ADA

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Posted On: November 18, 2008 by the JMBM Global Hospitality Group®

Hotel Lawyer: ADA litigation must be brought for a proper purpose

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

by Martin H. Orlick

A "professional plaintiff" that has filed more than 400 nearly identical lawsuits against hotels, restaurants and other businesses in California may have to find a new line of work. The U.S. Supreme has let stand a prior ruling that this serial plaintiff, and his lawyer, cannot file ADA lawsuits without first obtaining the court's permission.

Continue reading " Hotel Lawyer: ADA litigation must be brought for a proper purpose " »

Posted In: ADA

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Posted On: September 20, 2008 by the JMBM Global Hospitality Group®

Hospitality Lawyer with urgent ADA warning: You won't believe what they want to do with ADA now

By Jim Butler, Hotel Lawyer | Author of www.HotelLawBlog.com
20 September 2008

Hospitality Lawyer: Big changes proposed to the ADA look to be very expensive and cause lots of litigation.

The Americans with Disabilities Act or ADA was enacted by Congress almost 18 years ago in 1990 and is the "law of the land." Few would argue with the basic purpose of the ADA, to make "places of public accommodation" accessible to those with disabilities. But now, the Department of Justice (or DOJ), which administers this law, is proposing new ADA Rules that have caught many in the hospitality industry napping. It's a good thing the smart people at the American Hotel & Lodging Association (AH&LA) are wide awake and have proposed the DOJ make revisions that address the realities of the industry. But what the final rules will look like is unknown.

Our hotel lawyers have great experience in defending ADA claims, and we have covered quite a bit of important ground about the ADA here on www.HotelLawBlog.com (see http://hotellaw.jmbm.com/ada/), with some important tips on avoiding costly liabilities from experienced veterans who have defended more than 200 ADA cases. Once again, it's time to put the ADA on your watchlist of issues that can affect you, your guests and your business. When the new rules go into affect you will want to be ready to draw up your game plan. Because you won't believe what they want to do with ADA.

Continue reading " Hospitality Lawyer with urgent ADA warning: You won't believe what they want to do with ADA now " »

Posted In: ADA

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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
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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.