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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.

Global Financial Crisis & Recovery

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

Ask the Hotel Lawyer: Hotel bankruptcy trump card. Terminating hotel management agreements without liability -- the alchemy of lead to gold for troubled hotels and hotel loans?

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

How do you terminate a long-term hotel management agreement or HMA? The hotel bankruptcy trump card. This is an increasingly popular question regularly put to the hotel lawyers of JMBM's Global Hospitality Group®.

Continue reading "Ask the Hotel Lawyer: Hotel bankruptcy trump card. Terminating hotel management agreements without liability -- the alchemy of lead to gold for troubled hotels and hotel loans?" »

Posted In: Global Financial Crisis & Recovery, Hotel Management Agreements, Workouts, Bankruptcies & Receiverships

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Posted On: March 19, 2009 by the JMBM Global Hospitality Group®

Hotel Attorneys and CMBS special servicers look to have a big (and free!) part of the solution to the liquidity crisis, depressed real estate, and hotel values as well as a better way to dispose of toxic assets. Is Geithner listening?

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

Hotel Lawyer with some potentially good news for our bad economy

Last week I had a conversation with one of the country's top CMBS special loan servicers, who happens to also be a friend as well as a good client. We were talking about dealing with some of his company's increasing volume of assets under "special servicing" and the difficulties presented by REMIC regulations.

Continue reading "Hotel Attorneys and CMBS special servicers look to have a big (and free!) part of the solution to the liquidity crisis, depressed real estate, and hotel values as well as a better way to dispose of toxic assets. Is Geithner listening?" »

Posted In: Global Financial Crisis & Recovery

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

Hotel Attorneys: Looking for a way to significantly increase your hotel's cash flow... NOW? Here's one of the most overlooked approaches. "TINSTAAFL" suspended?

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

Hotel Attorneys with a potentially critical tip for owners and lenders -- instantly increasing your hotel's cash flow. It is often overlooked. Who says "There Is No Such Thing As a Free Lunch" ("TINSTAFL") ?

Hotel attorneys know that times are tough and getting tougher. Moody's Economy.com and PKF are now projecting a deeper and more extended downturn and a more delayed recovery. Hotel Lawyer with new data from Moody's Economy.com and deteriorating projections for the lodging industry. and Jim Butler quote in USA today More hotels are facing foreclosure, bankruptcy.

So here is a rock-solid tip that could instantly boost cash flow for savvy borrowers and lenders who qualify. This will be particularly valuable to hotels bought or built in the last 5 to 10 years . . . or maybe longer.

Continue reading "Hotel Attorneys: Looking for a way to significantly increase your hotel's cash flow... NOW? Here's one of the most overlooked approaches. "TINSTAAFL" suspended?" »

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

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Posted On: March 16, 2009 by the JMBM Global Hospitality Group®

Hotel Attorney: How will the Stimulus Bill help tribal governments finance hotel projects in Indian Country?

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

Hotel Attorneys with an important and different perspective on the Stimulus Bill: How will it help tribal governments finance hotel projects in Indian Country

On March 15, Hotel Attorney, Catherine Holmes, sat down with our good friend, Valerie Red-Horse of Red-Horse Financial Group, to talk about how the American Economic Recovery and Reinvestment Act of 2009 will help tribal governments finance new hotel developments on tribal land.

Continue reading "Hotel Attorney: How will the Stimulus Bill help tribal governments finance hotel projects in Indian Country?" »

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

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

Hotel Lawyer: What lies ahead? What's the bailout cost $700 billion? $3 trillion? $20 trillion? What does Dr. Doom mean by an L-shaped Depression?

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

Hotel Lawyer with a few questions on the cost of the bailout and what lies ahead

As many recent articles referenced below recount, and as we all know from the headlines, we are in "interesting times". We talk about the $700 billion bailout bill and the possibility of doubling the amount to get out of the scary situation we are in. But is that really the cost, and is it going to do the job?

Here are some interesting facts and a few thoughts.

Continue reading "Hotel Lawyer: What lies ahead? What's the bailout cost $700 billion? $3 trillion? $20 trillion? What does Dr. Doom mean by an L-shaped Depression?" »

Posted In: Global Financial Crisis & Recovery

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

Hotel Lawyer: Stimulus Bill and financial recovery -- summary of selected tax provisions

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

Hotel Lawyer with

The landmark Stimulus Bill has commanded a lot of attention for the TARP and TALF provisions, (see Hotel Lawyers on the TARP, the TALF, and the ugly), but our dauntless tax attorneys have naturally focused on the $288 billion of stimulus that is projected to come from tax breaks.

Here is a summary of the most important provisions and what they do.



Continue reading "Hotel Lawyer: Stimulus Bill and financial recovery -- summary of selected tax provisions" »

Posted In: Global Financial Crisis & Recovery

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Posted On: March 3, 2009 by the JMBM Global Hospitality Group®

Hotel bankruptcies, workouts and turnarounds: Hotel Lawyers on the TARP, the TALF, and the ugly. What does it mean to hotel owners and lenders?

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

Hotel Bankruptcy arrest by the TALF? Is there a turnaround for hotels here? Or do owners and lenders continue to fret?

Today was potentially a very important one as the US Financial Stimulus Program goes to work. The lending facility launched Tuesday, March 3, 2009 by the U. S. Department of the Treasury and the Federal Reserve is designed to generate up to $1 trillion in consumer and small business loans. This is a significant part of the TARP (the bailout bill or financial stimulus package also called the Troubled Asset Relief Program). This specific part is called the TALF standing for "Term Asset-Backed Securities Loan Facility" which is scheduled to start dispersing funds in about three weeks, making nonrecourse loans.

Here's what I think it means for the hotel industry. . .

Continue reading "Hotel bankruptcies, workouts and turnarounds: Hotel Lawyers on the TARP, the TALF, and the ugly. What does it mean to hotel owners and lenders?" »

Posted In: Global Financial Crisis & Recovery, Workouts, Bankruptcies & Receiverships

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Posted On: February 28, 2009 by the JMBM Global Hospitality Group®

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

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 17, 2009 by the JMBM Global Hospitality Group®

Hotel Attorneys with the latest "updates from the field"

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?

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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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
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.

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