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Hotel Management Agreements


Timeshares


Hotel Industry Trends


Meet the Money 2010


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.

Timeshare

Posted On: June 2, 2010 by the JMBM Global Hospitality Group®

Timeshare Lawyer: What's happening with Vacation Ownership -- fractionals, timeshares and clubs? Expert perspectives and insights on investor and hotel-owner benefits

By Jim Butler and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
02 June 2010

Timeshare lawyer, David Sudeck, organized a great panel of vacation ownership experts who met earlier this month to discuss developments and opportunities for profit within the vacation ownership industry. David Sudeck, a senior member of our Global Hospitality Group® who focuses on vacation ownership issues, writes extensively on issues in this area. (See the section of HotelLawBlog.com devoted to Timeshare ...

Continue reading " Timeshare Lawyer: What's happening with Vacation Ownership -- fractionals, timeshares and clubs? Expert perspectives and insights on investor and hotel-owner benefits " »

Posted In: Outlook and Trends , Timeshare

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Posted On: April 24, 2010 by the JMBM Global Hospitality Group®

Global Hospitality Advisor®: Opportunistic investment alert! What to watch for when buying distressed debt on timeshare, fractional and vacation club developments

By Jim Butler and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
24 April 2010

Hotel Lawyer with some advice for investors in distressed notes and receivables involving timeshares, fractionals and vacation clubs. How to buy vacation ownership notes and receivables.

One of the most profitable endeavors for savvy lenders has been acquisition and development loans and consumer receivable financing for vacation ownership projects -- timeshare, fractional and vacation club projects. For various reasons that have little to do with the continuing sound fundamentals and continuing consumer demand for such project, the biggest lenders in this area have essentially stopped lending to deal with their other problems. And recently, some opportunistic investors have sought our advice on some potentially exciting loans being sold at a fair discount.

Due diligence is the caveat. (See What have we learned from "The Crash of 2008"? There are no shortcuts for due diligence! There is great opportunity here, but also significant risk that can be ferreted out and analyzed to provide great confidence about the investment. In this article, my colleague and timeshare lawyer David Sudeck, a senior member of JMBM's Global Hospitality Group®, shares some of his insights on this subject.

Continue reading " Global Hospitality Advisor®: Opportunistic investment alert! What to watch for when buying distressed debt on timeshare, fractional and vacation club developments " »

Posted In: Timeshare

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Posted On: February 22, 2010 by the JMBM Global Hospitality Group®

Timeshare lawyer advisory for timeshare developers, owners and operators. Impact of new ADA rules on your timeshare project.

By Jim Butler and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
22 February 2010

Under the Bush Administration, the Department of Justice issued proposed modifications to the ADA regulations that would increase the obligations of certain commercial property owners and operators under the ADA Accessibility Guidelines and include time share developments within the definition of "public accommodations." These amendments, if passed in their current proposed form, may impose significant burden on an industry that cannot realistically comply with certain operating requirements meant to ensure accessibility within the transient hospitality world. This at a time when time share is already hurting.

After President Obama was elected, the proposed modifications were placed on hold. We expect that before the modifications to the ADA are passed, the Department of Justice will issue a Notice of Proposed Rule Making and open another comment period. This may occur soon, so you should get and stay informed about the proposed modifications now before you need to comply with new burdensome regulations.

Continue reading " Timeshare lawyer advisory for timeshare developers, owners and operators. Impact of new ADA rules on your timeshare project. " »

Posted In: Timeshare

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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 Defense , Timeshare

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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 Defense , 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: November 24, 2008 by the JMBM Global Hospitality Group®

Hotel and Timeshare Lawyer -- 3 Keys to Survival for Vacation Ownership Developers as the Financial Crisis bites deeper

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

Even the ARDA Conference in Washington, DC last week reflected the gloomy financial crisis when our timeshare guru, David Sudeck, was there. The usually ebullient crowds were more subdued than normal. In fact, one gentleman in the elevator commented that he considered wearing a noose rather than a tie around his neck at the conference. Ironically, the demand for all flavors of timeshare, fractional, vacation ownership and clubs seems remarkably resilient given the current situation, but the wholesale absence of financing does present some serious problems.

If you missed David's last report (See Hotel and Timeshare Lawyer insights on special implications of "the downturn" for Vacation Ownership), this is the critical follow-up on how vacation ownership developers can protect themselves.

Continue reading " Hotel and Timeshare Lawyer -- 3 Keys to Survival for Vacation Ownership Developers as the Financial Crisis bites deeper " »

Posted In: Timeshare

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Posted On: November 9, 2008 by the JMBM Global Hospitality Group®

Hotel and Timeshare Lawyer insights on special implications of "the downturn" for Vacation Ownership

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

Hospitality Lawyer -- What does the Financial Crisis mean for vacation ownership projects?

As you may have read in a previous article or press release, David Sudeck recently joined JMBM's Global Hospitality Group as a hotel lawyer to head up our timeshare and vacation ownership practice. He is a real veteran on the team for these issues. (See "Hotel & Timeshare Lawyer Joins JMBM's Global Hospitality Group® team").

David has started writing and posting his own series of articles on vacation ownership. You can access these timeshare and vacation resources under the "Timeshare" TOPIC -- one of the tabs at the top -- at www.HotelLawBlog.com. You can also just go to http://hotellaw.jmbm.com/timeshare/.

Vacation ownership products (including timeshares, fractional interests, and private residence clubs) have an increasingly important role in the development and respositioning of hotels and resorts, but as the Financial Crisis has gone global, there are some special implications for the industry which David writes about in this timely article.

Continue reading " Hotel and Timeshare Lawyer insights on special implications of "the downturn" for Vacation Ownership " »

Posted In: Timeshare

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Posted On: October 27, 2008 by the JMBM Global Hospitality Group®

Vacation Ownership Properties 101: What are they? How do they work? How are they regulated?

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

Hospitality Lawyer with the fundamentals of vacation ownership. Vacation ownership, timeshare, fractional and clubs have increasingly important roles in hotel and resort development, and repositioning, but as the Panic of 2008 has gone global, we may also find ourselves addressing these projects in workouts, receiverships and bankruptcies. It's time for all of us to dust off the cobwebs and be sure we understand this critical component of our industry.

The hotel lawyers at JMBM's Global Hospitality Group® are fortunate to have David Sudeck heading up the timeshare and vacation resort practice for us. He is a real veteran on the team for these issues. (See "Hotel & Timeshare Lawyer Joins JMBM's Global Hospitality Group® team").

So given these interesting times, I asked David if he would put together a series of articles on a spectrum of timeshare topics and he readily agreed. Here is the first in David's "Vacation Ownership 101" series. You will also be able to access timeshare and vacation resources under the "Timeshare" TOPIC -- one of the tabs at the top -- at www.HotelLawBlog.com. You can also just go to http://hotellaw.jmbm.com/timeshare/.

Continue reading " Vacation Ownership Properties 101: What are they? How do they work? How are they regulated? " »

Posted In: Timeshare

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Posted On: October 15, 2008 by the JMBM Global Hospitality Group®

Hotel & Timeshare Lawyer Joins JMBM's Global Hospitality Group® team

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

The Hospitality Lawyers at JMBM enthusiastically welcome David Sudeck as a new Senior Member of the Global Hospitality Group® focusing on timeshare and fractional projects. This is one of the strongest segments of the hospitality industry that keeps on going, so we are very happy to have David Sudeck to take responsibility for this area of our practice. Here is the press release that says it all . . .

Continue reading " Hotel & Timeshare Lawyer Joins JMBM's Global Hospitality Group® team " »

Posted In: Timeshare

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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 1,000 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® -- 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® -- 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.