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Chinese Investment

Posted On: October 29, 2011 by the JMBM Global Hospitality Group®

EB-5 Financing for Hotels: Brian Su's EB-5 Investment Boot Camp in Los Angeles on November 11, 2011

By Jim Butler and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
29 October 2011

EB-5 financing is a hot topic, particularly for hotels.

My partners and I in the JMBM Global Hospitality Group® have been talking about EB-5 financing for some time in our blogs. A complete list of the articles with links is below for your convenience.

EB-5 financing is important for hotel developers. And, hotels are the most popular EB-5 investment!

From the responses we have received, we know there is tremendous interest in the hotel community about using the EB-5 program to finance hotels.

In addition, we know from our discussions with Chinese marketing agents that hotels are the most popular of all EB-5 investments to Chinese investors.

With the continuing constraints on lending for new hotel development, the EB-5 program offers an alternative source of financing that has been proven to work on new hotel developments around the country.

Continue reading " EB-5 Financing for Hotels: Brian Su's EB-5 Investment Boot Camp in Los Angeles on November 11, 2011 " »

Posted In: Chinese Investment , EB-5 Financing

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Posted On: October 25, 2011 by the JMBM Global Hospitality Group®

Chinese investment in U.S. hotels: What the real estate professionals want to know

By Jim Butler and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
25 October 2011

On Friday, October 21, 2011 I did a Q&A interview with the National Real Estate Bisnow about Chinese investment in U.S. hotels. Here is the full Question & Answer exchange, a portion of which appeared in the Biznow article.

There's been an explosion of Chinese investment in the US, especially real estate. And many people believe it will surpass the Japanese investment of the late '80s (estimated to have exceeded $120B).

There's been an explosion of Chinese investment in US real estate. Who's investing and where, and how much investment do you expect in 2011?

The increasing wave of Chinese investment in the U.S. is being fueled by the Chinese government (generally acting through construction companies, banks and other intermediary companies) and an exploding class of wealthy Chinese. The top .05% wealthiest Chinese have investible funds of more than $2.7 trillion, and there is a rapidly growing class of billionaires and more than 800,000 millionaires. Plus there is a huge rising middle class looking to travel and enjoy life.

Of course, in addition to Mainland China there are the Chinese in Taiwan, and everywhere else such as Hong Kong, Singapore, and Indonesia.

A recent Merchants Bank report estimates that rich Chinese individuals -- those with assets of more than 10 million yuan -- have about 3.6 trillion yuan ($564 billion) invested overseas. No reliable numbers are available for total Chinese foreign investment or Chinese investment in the United States. The investors are largely staying under the radar to avoid publicity and possible adverse reactions, and there seems to be no means to track the investments and get an aggregate investment number.

Continue reading " Chinese investment in U.S. hotels: What the real estate professionals want to know " »

Posted In: Chinese Investment , EB-5 Financing

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Posted On: August 19, 2011 by the JMBM Global Hospitality Group®

Hotel Development Lawyers: 10 things you can do to win the "race" for EB-5 capital for your hotel development project

By Jim Butler and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
19 August 2011

Hotel Lawyer with more information on how to take advantage of EB-5 investment capital

Our recent blog on why Asian investors are targeting U.S. hotels for investment has generated a lot of interest -- and a flurry of questions -- from the hotel development community.

The EB-5 Immigrant Investment Visa program offers an alternative means of raising capital for hotel development projects in the U.S., and JMBM's Chinese Investment Group™ is available to help hotel developers access this source of financing.

As explained in an earlier article on how to use the EB-5 Immigrant Investor Visa Program for hotel financing, the EB-5 program is an immigrant investor visa category created in 1990 for foreign nationals who invest in a new commercial enterprise that will benefit the U.S. economy and create at least 10 full-time jobs.

In another article on the topic, Cathy Holmes detailed why hotel developers need to seek EB-5 financing through "regional centers", how to find a regional center for a hotel project, how to negotiate with a regional center, and whether a developer can establish its own regional center for a hotel development.

Continue reading " Hotel Development Lawyers: 10 things you can do to win the "race" for EB-5 capital for your hotel development project " »

Posted In: Chinese Investment , EB-5 Financing , Hotel Finance − Hotel Debt & Hotel Equity

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Posted On: August 3, 2011 by the JMBM Global Hospitality Group®

Hotel Investment: Why Asian investors are targeting U.S. hotels for purchase and investment, and what could it mean for you?

By Jim Butler and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
4 August 2011

Hotel Investment: Why Asian investors are targeting U.S. hotels for purchase and investment, and what could it mean for you?

This week I was interviewed by several media sources to talk about the explosion of Asian investment - and particularly Chinese investment - in U.S. hotels and real estate. Nadja Brandt at Bloomberg News was kind enough to quote me in one of her articles on the subject, and Gigi Stone, Bloomberg TV anchor, had me in the Bloomberg TV studios for a brief interview and even briefer video clip! (Yes, Mom, it's long enough that you can tell it's me and she does say nice things about our Global Hospitality Group®). Bloomberg TV also made a point of highlighting JMBM's Chinese Investment Group™ which was recently announced.

The Chinese Investment Group™ . . . provides a gateway for Chinese investment in the United States.

Nadja Brandt's article (Asian Buyers Target U.S. Hotels as Affluence Increases Travel), discusses the just-completed iconic purchase by Hong Kong billionaire Cheng Yu-tung of 5 luxury hotel properties, including the Carlyle Hotel in Manhattan, and Rosewood properties including The Mansion on Turtle Creek and The Crescent in Dallas, The Inn of the Anasazi in Santa Fe, and Little Dix Bay in the British Virgin Islands.

The Cheng family also owns the Beverly Wilshire in Beverly Hills and once owned a stake in the Four Seasons Hotel in New York.

Bloomberg TV also made a point of highlighting JMBM's Chinese Investment Group™

Bloomberg's coverage of Chinese (and broader Asian) investment in the U.S. has really been top drawer, so if you are interested in this subject you will want to follow it. And if you want to go beyond the Bloomberg article, read on about why Asian investment is focused on US hotels.

Continue reading " Hotel Investment: Why Asian investors are targeting U.S. hotels for purchase and investment, and what could it mean for you? " »

Posted In: Chinese Investment , EB-5 Financing

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Posted On: July 25, 2011 by the JMBM Global Hospitality Group®

Hotel Developers: Why a "regional center" may be the key to financing your next hotel development or expansion. And what you need to know . . .

By Jim Butler and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
25 July 2011

Hotel Developers: Why a "regional center" may be the key to financing your next hotel development or expansion. And what you need to know about finding a regional center to sponsor your EB-5 hotel financing program.

JMBM's hotel lawyers have represented hotel developers for decades. We know first hand that today's financial environment is one of the toughest for financing new development ever seen, even for experienced hotel developers with great projects.

But the EB-5 Immigrant Investor Visa Program may be one of the best financing sources now available. If you missed it, you will want to read, How to use the EB-5 Immigrant Investor Visa Program for financing.

Simply stated, the EB-5 investment program offers an alternative means of raising capital for hotel projects in the U.S. Our goal is to help hotel developers access this source of financing.

In this article, my partner, Catherine Holmes, gives you the information you need to understand how EB-5 Regional Centers work -- what they are, why you need one, and how to find one or create one.

Continue reading " Hotel Developers: Why a "regional center" may be the key to financing your next hotel development or expansion. And what you need to know . . . " »

Posted In: Chinese Investment , EB-5 Financing

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Posted On: July 12, 2011 by the JMBM Global Hospitality Group®

How to use the EB-5 Immigrant Investor Visa Program for financing

Hotel Lawyer: Chinese investment in hotels, restaurants, and other commercial real estate is becoming an important potential capital source for development, acquisition and renovation

Although it has been around for many years, the U.S. EB-5 visa immigrant investor program is now becoming an exciting potential source of capital for hotel development, acquisition and renovation projects. Some high-profile hotel projects are now being funded using this program, such as portions of the W Hotel and Residences Hollywood, one of the largest public-private partnership in California, and a stunning mixed-use project with 305 luxury rooms, 143 private residences, a 5,500 square foot Bliss spa, restaurants and 24,720 square feet of meeting space.

At the W Hollywood, we worked on a complex $20 million EB-5 financing to fund the opening of a Las Vegas-style Drai's rooftop nightclub (with an 8,450-square foot rooftop nightclub and an additional 2,482 square feet of dining space) and the Delphine Restaurant (the Hotel's lobby-level signature restaurant able to accommodate up to 275 patrons in its 6,162 square feet plus 826 square foot adjacent terrace).

Elsewhere, approximately $118 million in financing is now being raised using the EB-5 investment program to finance construction of a 377-room hotel tower now being developed adjacent to L.A. LIVE to house both a Courtyard by Marriott® and Residence Inn by Marriott. In New York, another EB-5 investment program is seeking to finance a new Westin Hotel in the Flushing area of New York City. These are just a few examples of how the EB-5 investment program could provide much needed financing to help new hotel projects get off the ground.

Continue reading " How to use the EB-5 Immigrant Investor Visa Program for financing " »

Posted In: Chinese Investment , EB-5 Financing

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Posted On: July 11, 2011 by the JMBM Global Hospitality Group®

Chinese Investment Group™ -- Hotels, Real Estate, EB-5 Immigrant Investor Visas

Click here for Simplified Chinese / 简体中文

Click here for Traditional Chinese /繁體中文


Formation of the Chinese Investment Group™

Jeffer Mangels Butler & Mitchell LLP (JMBM) has announced the formation of the JMBM Chinese Investment Group™ to provide legal and business advice for the specialized needs of Chinese investors and Chinese investment in the United States for hotel, real estate, EB-5 and other U.S. investments. We have a dedicated team with great experience for this kind of work.

Here is more information about how this development might help you. Click here to download a PDF of this announcement about the Chinese Investment Group™.

Continue reading " Chinese Investment Group™ -- Hotels, Real Estate, EB-5 Immigrant Investor Visas " »

Posted In: Chinese Investment , EB-5 Financing

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Posted On: July 1, 2011 by the JMBM Global Hospitality Group®

華人酒店和房地產投資法律顧問集團™ -- 酒店、房地產和EB-5投資移民

This document is in Traditional Chinese

Click here for English / 英文版

Click here for Simplified Chinese / 简体中文

華人酒店和房地產投資法律顧問集團™是JMBM's Global Hospitality Group®中一群致力於酒店及房地產律師所組成的專業律師團隊，專為華人在美投資提供入門諮詢。秉持累積自全球1,300 餘件、總值逾600億美元之酒店物業交易專業知識，以及關於一般房地產交易之深厚經驗，本集團提供法律及商務建議，輔導華人投資人進行明智成功的美國酒店及房地產投資。本集團及其可靠專業資源網路，協助華人投資人開發、分析、評估、確認、收購、融資與管理酒店及房地產投資機會。本集團不收取任何仲介費用、獎勵費用、佣金或任何推廣商之付款，並對華人投資者就所有酒店及房地產投資機會提供中立建議。本集團亦代表優質酒店、餐廳及其他房地產業主和開發商為外國投資人，特別是華人投資人，規劃EB-5簽證計畫之投資方案。

代表性客戶及酒店
JMBM長期為如麗晶酒店集團、迪士尼假期俱樂部、Hillwood開發(Ross Perot, Jr.)、米高梅幻象、川普集團及達拉斯市等知名客戶服務。JMBM之銀行客戶包括遠東國民銀行、華美銀行、匯豐銀行、德國北方銀行、瑞典銀行、加州聯合銀行及富國銀行。 JMBM客戶一包含全球眾多酒店開發商及業主，包括美國之W酒店及麗池卡爾登複合用途計畫之最大開發商及業主 。

二十餘年來，JMBM Global Hospitality Group®專致於服務酒店業主、投資者、開發商與借款人。持續與各大酒店品牌及副牌合作，從福朋和假日酒店到萬豪、希爾頓和喜萊登等六十餘家品牌，亦包括費爾蒙、麗池卡爾登、麗晶、 萬麗、洲際、四季及東方文華等高級酒店品牌。

Continue reading " 華人酒店和房地產投資法律顧問集團™ -- 酒店、房地產和EB-5投資移民 " »

Posted In: Chinese Investment , Traditional Chinese

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Posted On: July 1, 2011 by the JMBM Global Hospitality Group®

华人酒店和房地产投资法律顾问集团™ -- 酒店，房地产和EB-5投资移民

This document is in Simplified Chinese

Click here for English / 英文版

Click here for Traditional Chinese /繁體中文

华人酒店和房地产投资法律顾问集团™ 是JMBM's Global Hospitality Group® 中一支致力于酒店和房地产项目的专业律师团队，专为华人在美国的投资提供门户。通过使用从超过600亿美元酒店交易中获得的专业知识（涉及全球范围内超过1300处物业），以及在一般房地产交易中积累的大量经验，集团向华人投资者提供法律和商业方面的建议，以帮助其做出在美国的谨慎且具有经济效益的酒店和房地产投资。集团及其可靠的专业资源网络帮助华人投资者识别、分析、评估、估价、获取、资助和管理酒店和房地产机遇。集团并不向任何开发方收取任何中间人费用、奖励费、佣金或付款，并且会向华人投资者提供关于酒店或房地产机遇方面的独立建议。集团也在外国投资者----特别是华人投资者----的结构性投资中（利用EB-5签证项目）代表我们所选择的酒店、饭店和其他房地产所有人和开发方。

代表性客户和酒店
JMBM与一些知名的客户具有很长的合作历史了，例如 Regent Hospitality Group、迪士尼度假俱乐部、Hillwood Development (Ross Perot, Jr.)、美高梅金殿梦幻、The Trump Organization和达拉斯之城。JMBM的银行客户包括远东国民银行、华美银行、汇丰银行、德国北方银行有限公司、瑞典银行、加利福尼亚联合银行和富国银行。JMBM也在全球范围内代表很多酒店开发商和业主，包括美国W Hotels and Ritz-Carlton混合使用项目的最大的开发商和业主。

在过去的20多年中，JMBM Global Hospitality Group®专注于服务酒店业主、投资方、开发方和贷方。他们定期与所有主要的酒店品牌及其分品牌合作，例如，从福朋和假日酒店到万豪国际、希尔顿和喜来登，总计超过60个品牌，其中不乏一些高端品牌，例如：费尔蒙、丽嘉、丽晶、万丽、洲际大酒店、四季和东方文华酒店。

Continue reading " 华人酒店和房地产投资法律顾问集团™ -- 酒店，房地产和EB-5投资移民 " »

Posted In: Chinese Investment , Simplified Chinese

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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 500 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 and assists hotel developers on EB-5 financing as well as public and private securities, mergers and acquisitions, cross-border issues, and other strategic business transactions, including real estate transactions and intellectual property and technology licensing matters. For more information, 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® and a partner in JMBM's Labor & Employment Law Department. Scott is a management labor lawyer with more than two decades of experience representing employers in all aspects of labor relations and employment law including union prevention, collective bargaining negotiations, defense of unfair labor practice charges before the NLRB, wrongful discharge litigation, individual and class action employment discrimination and wage-and-hour claims, sexual-harassment litigation, arbitrations, personnel policies, California wage and hour law, and employee discipline and discharge. An experienced trial attorney, Scott has litigated a number of high-profile and complex cases involving a wide range of labor and employment law matters. For more information, contact Scott Brink at RSB@jmbm.com or 310.785.5365.

Travis Gemoets

Travis Gemoets is a partner in JMBM's Employment and Labor Department and a member of JMBM's Global Hospitality Group®. His clients include hotel owners, investors, and managers across the globe as well as hospitals, restaurants, professional offices, and manufacturing plants, to name a few. An experienced trial lawyer, he represents management in all facets of labor and employment law, including claims of discrimination, harassment, wrongful termination, wage/hour class actions, union/management contract negotiations and disputes, trade secrets, unfair competition, and workplace violence. Travis advises employers nationwide on these areas as well as on disability and religious accommodation, protected absences, personnel policies and handbooks, employee discipline and discharge, and labor relations. Contact Travis at TXG@ jmbm.com or 310.785.5387.

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.