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Meet the Money® 2014

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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.

Published on:

 

Meet the Money® is the gateway to hotel finance and investment opportunities. It is now less than one month away. In this interview, Jim Butler speaks about why this conference is is a must-attend event for hoteliers. [CLIC] Live show.

 


Picture of Jim Butler

This is Jim Butler, author of www.HotelLawBlog.com and founding partner of JMBM and JMBM’s Global Hospitality Group®. We provide business and legal advice to hotel owners, developers, independent operators, and investors. This advice covers critical hotel issues such as hotel purchase, sale, development, financing, franchise, management, ADA, and IP matters. We also have compelling experience in hotel litigation, union avoidance and union negotiations, and cybersecurity & data privacy.

JMBM’s Global Hospitality Group® has been involved in more than $125 billion of hotel transactions and more than 4,700 hotel properties located around the globe. Contact me at +1-310-201-3526 or jbutler@jmbm.com to discuss how we can help.


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Published on:

02 April 2025

See how JMBM’s Global Hospitality Group® can help you.
Click here for the latest articles on Data Technology, Privacy & Security.

A recent lawsuit filed in the U.S. District Court for the Central District of California alleges that Accor Management US Inc., the parent company of Fairmont Hotels & Resorts, violated California’s privacy laws by improperly sharing users’ browsing and booking information with social media platforms without user consent. This data sharing is said to have enhanced the algorithms and ad targeting abilities of these platforms.

Bob Braun, senior member of JMBM’s Global Hospitality Group® and Co-Chair of the Firm’s Cybersecurity & Privacy Group, outlines what CIPA is and how companies should respond to CIPA claims.

Fairmont has a New (Website) Visitor – A CIPA Class Action

by Robert Braun, Co-Chair, JMBM Cybersecurity and Privacy Group;
Senior Member, JMBM Global Hospitality Group

On March 19, 2025, Accor Hotels, through its Fairmont Hotels & Resorts brand, became one of the latest – and one of highest profile – defendants in a current wave of website litigation. In the complaint, the attorneys for Natalie Gianne, claimed that when she accessed the Fairmont Hotels website to book a room, Accor allowed social media platforms to intercept communications, including confidential guest records without her prior consent in violation of the California Invasion of Privacy Act (“CIPA”, pronounced “see-pa”), and used that information to target her for advertisements.

Hotel companies need to pay particular attention to this case and its implications. Hotels are attractive targets for claims like these – they have broad website presence and have a public profile that makes these cases sensitive. In addition, large hotel companies are viewed as deep pockets that would be willing to settle.

What is CIPA?

The CIPA was originally adopted to adopted to protect California residents from a third party eavesdropping on a telephone call. As a result, in California and several other states, all parties to a phone call (including video calls) must consent to a recording. This is straightforward enough; however, CIPA plaintiffs, like Gianne, are extending the CIPA to information collected for website analytics purposes.

Data analytics is the process of examining raw data to uncover patterns, draw conclusions, and make informed decisions, enabling businesses to optimize performance, improve efficiency, and make strategic decisions. In the website context, analytics involves collecting, measuring, analyzing and reporting data to understand and improve website usage.

Where do the CIPA and Website Analytics Meet?

Websites have employed third parties to analyze website usage for years. Website owners want to know how users came to their site, what they do when they are on the site, and where they go when they leave. Website owners can use this information to make sure their sites are easy to navigate; if, for example, a user leaves a website while making a purchase at a website, the website owners will want to know why. They want to know what drives users to their sites, and how they can get more visitors. Analytics can help a website owner boost their search engine ratings, determine the value of marketing campaigns, and track digital marketing efforts.

Historically, analytics were internal – a website owner would collect information from visitors and use that information to improve their website. The website owner might hire an outside service (Google Analytics is well known for providing this service). Information about the visitor might be collected by a third party, but only in anonymous, aggregated form, and was only shared with the website owner. Bringing us back to the CIPA and similar laws, no third party was involved, so no consent was required.

Now, however, website owners have allowed (sometimes without their knowledge) social media companies like Facebook, LinkedIn and others to place tracking devices – typically, pixel trackers and other invisible items) on the site; when a user visits a page where the tracking device is installed, the user’s browser is instructed to transmit information to the tracker. However, not all companies obtain user consent to these tracking devices. In this case, a user can argue that personal information was shared with a third party without consent, and that it constituted a violation of CIPA.

How Should a Company Respond?

Update Website Documentation. One of the most important steps is to evaluate and, if necessary, update existing website terms of use, cookie policy, and privacy disclosures to reflect what is allowed on the website.

Website owners also need to implement processes to ensure and document consent. Typically, this is achieved through a “cookie banner” that a user must acknowledge before going to the site. However, the consent must be implemented carefully; it’s common for tracking technology to be triggered the moment a user lands on a site, which could be grounds for a claim that CIPA is being violated. Instead, no cookies or other trackers should be “turned on” until the user gives consent, something that website designers or privacy technicians can oversee. In addition, thought should be given to the form of the banner; it should provide for actual consent, which means that the consumer must be given a choice.

As important as privacy policy disclosures are the terms of use. While these have long been seen as a boilerplate document and implemented with little thought, key terms can protect the website owner, including limitation on damages, enforceable arbitration clauses and, when possible, class action waivers.

Act Quickly. When a company receives a CIPA claim, there are several things it (and its attorneys) should do to evaluate the seriousness of the claim:

  • Does the claim bring any specific evidence? Some letters or complaints don ‘t have specific information about the defendant or the basis for the claim, which may leave room for defenses.
  • What law firm brought the action? Some firms are known for filing CIPA class action claims and may have a reputation for settling easily or as hard negotiators. Since class action claims are often arranged by attorneys, they can be seen as the adverse party.
  • Does the demand letter include an offer for settlement? For better or worse, it’s often makes economic sense to resolve a case quickly, rather than spend unnecessary resources on litigation. This determination is more complicated that determining the cost of settlement against the cost of litigation. While a firm may want a quick and quiet resolution, it also should consider that a private, out of court may not protect them from future claims from other plaintiffs not included in this class.
  • Could the claim be subject to arbitration? Arbitration is confidential and will avoid the uncertainty of a jury trial.

In any case, responding to a claim, including a pre-litigation claim, requires experienced attorney. Counsel can evaluate the likelihood of litigation, preserve evidence and data, and conduct an internal investigation. A company needs evidence that can be used to challenge the CIPA claim, as well as class certification, but it’s important to gather it in a way that preserves the attorney/client privilege whenever possible.

If this article was of interest, you may also wish to read other articles by Bob Braun on “Data Technology, Privacy & Security,” which include the following:

Artificial Intelligence is Checking into your Hotel – Are You Ready?

The American Privacy Rights Act – What Does it Mean for Hotel Companies?

Time is Short – Reporting your Data Breach

Who’s Responsible for Personal Data at a Hotel?

Why hotels need “visibility” to avoid data privacy liability

Hotel Data Security: Challenges to Address in 2022

New Challenges for Hotels: The New California Privacy Rights and Enforcement Act of 2020

Hotel Managers and Owners Be Warned – You are Responsible for Your Hotel’s Data Security

The California Consumer Privacy Act – What Hoteliers Need to Know Now

Avoiding Hotel Data Breaches With a Risk Assessment Audit™ – Lessons From the Marriott International “Glitch”

 


Picture of Bob Braun

Bob Braun is a Senior Member of JMBM’s Global Hospitality Group® and is Co-Chair of the Firm’s Cybersecurity & Privacy Group. Bob has more than 20 years of experience in representing hotel owners and developers in their contracts, relationships and disputes with hotel managers, licensors, franchisors and brands, and has negotiated hundreds of hotel management and franchise agreements. His practice includes experience with virtually every significant hotel brand and manager. Bob also advises clients on condo hotel securities issues and many transactional matters, including entity formation, financing, and joint ventures, and works with companies on their data technology, privacy and security matters. These include software licensing, cloud computing, e-commerce, data processing and outsourcing agreements for the hospitality industry.

In addition, Bob is a frequent lecturer as an expert in technology, privacy and data security issues, and is one of only two attorneys in the 2015 listing of SuperLawyers to be recognized for expertise in Information Technology. Bob is on the Advisory Board of the Information Systems Security Association, Los Angeles chapter, and a member of the International Association of Privacy Professionals. Contact Bob Braun at 310.785.5331 or rbraun@jmbm.com.


Picture of Jim Butler

This is Jim Butler, author of www.HotelLawBlog.com and founding partner of JMBM and JMBM’s Global Hospitality Group®. We provide business and legal advice to hotel owners, developers, independent operators, and investors. This advice covers critical hotel issues such as hotel purchase, sale, development, financing, franchise, management, ADA, and IP matters. We also have compelling experience in hotel litigation, union avoidance and union negotiations, and cybersecurity & data privacy.

JMBM’s Global Hospitality Group® has been involved in more than $125 billion of hotel transactions and more than 4,700 hotel properties located around the globe. Contact me at +1-310-201-3526 or jbutler@jmbm.com to discuss how we can help.


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Published on:

26 February 2025

See how JMBM’s Global Hospitality Group® can help you.
Click here for the latest articles on EB-5 Financing.

EB-5 UPDATE: President Trump’s $5 million Gold Visa for foreign investors. An end to EB-5 or simply an additional avenue for wealthy foreign investors?

The news is full of headlines about President Trump’s announcement yesterday (February 25, 2025), that in the next two weeks, he will propose a $5 million “Gold Card” program to replace the EB-5 program.  The new program would allow wealthy individuals to pay $5 million directly to the US government to obtain US citizenship.

Some see this announcement as the death sentence for the EB-5 program. Others want to argue about whether the President has the power to terminate the EB-5 program without Congressional approval. Some speculate how the administration could effectively stop USCIS processing of EB-5 visas. EB-5 investors are concerned what this means to their investment and pending application.

This announcement made a lot of headlines, but it may well be one of President’s signature moves to shake things up so he can negotiate to get other big changes. Perhaps he is signaling an intent to reshape investment-based immigration rather than eliminate it. It might make more sense to add a new program to the existing EB-5 program. He could leave the existing program alone without taking away anything from his new approach.

It may be that President Trump wanted to grab everyone’s attention—and he certainly succeeded. While this could be a very important shift in U.S. immigration policy, it’s too early to evaluate what this will mean for EB-5 investors or to suggest any strategies moving forward. There are many unknowns, and we cannot make any definitive calls until we know more details. We are on top of these developments and are actively monitoring them. We will post new information as soon as we have more to share.

Read the Wall Street Journal’s article on the subject here.

Read the New York Time’s article on the subject here.

See our past coverage of developments related to the EB-5 program here. CONTINUE READING →

Published on:

20 February 2025

See how JMBM’s Global Hospitality Group® can help you.
Click here for more articles on Hotel Franchise & License Agreements
or here for Hotel Management Agreements.

The asset-light model has become the dominant strategy for major hotel brands, allowing them to expand without the capital-intensive burden of real estate ownership. But what does this mean for hotel owners and investors?

In a recent article from Hospitality Investor, Jim Butler, Chairman of JMBM’s Global Hospitality Group®, explains why this model continues to thrive.

“It solves the capital restraint on hotel company expansions…the market gives higher valuation to companies that are less capital dependent for growth.”

By focusing on management and franchise agreements instead of property ownership, hotel brands have sold off billions in real estate while maintaining control over their flags. This has fueled massive growth, but it also creates challenges for owners, who must carefully navigate long-term agreements that can last for decades. CONTINUE READING →

Published on:

07 February 2025

See how JMBM’s Global Hospitality Group® can help you.
Click here for the latest articles on Labor & Employment.

JMBM Partner Travis Gemoets was recently featured in a Hotel Dive article discussing the National Labor Relations Board’s (NLRB) shifting landscape under the new presidential administration.

In the article, titled “How the NLRB’s Uncertain Future Could Impact Hotels,” Travis provides critical insights into President Trump’s unexpected dismissal of Democratic NLRB member Gwynne Wilcox—a move that has left the Board without a quorum and effectively stalled its ability to issue new rulings. This development has introduced significant uncertainty, particularly within the hospitality industry, where labor relations are vital to day-to-day operations. Travis explains that this paralysis could result in extended delays for resolving union organizing efforts and unfair labor practice claims, thereby complicating compliance for hoteliers.

Travis also explores what a pro-management shift under a Trump-led NLRB could mean, including potential reversals of Biden-era decisions like the Cemex Construction Materials case and the re-legalization of captive audience meetings.

For a deeper dive into Travis’ insights and the broader implications for hospitality employers, check out the full article on Hotel Dive’s website.

If you have questions about how these changes might impact your business, don’t hesitate to contact JMBM’s experienced labor and employment attorneys. We’re here to help you navigate this evolving legal landscape with confidence.

CONTINUE READING →

Published on:

29 January 2025

See how JMBM’s Global Hospitality Group® can help you.

The California Insurance Commissioner recently issued a bulletin with critical information regarding insurance payment obligations following a declared emergency. This guidance includes key provisions under California law that are vital for wildfire victims to understand as they navigate the recovery process.

The bulletin addresses the following important topics:

  1. Advanced Living Expenses – Obligation to provide at least 4 months;
  2. Payment of Contents Without an Inventory – No less than 30% of dwelling coverage up to a maximum of $250,000;
  3. Rebuilding in Current Location or New Location;
  4. Time Limits to Collect;
  5. Ability to Combine Structure Coverages to Rebuild;
  6. Obligation to Renew Policy.

Click here to read the full bulletin.

At JMBM, we understand how overwhelming this time can be for property owners, hotel operators, and other businesses affected by the wildfires. Our Wildfire Response Group is here to provide specialized and rapid assistance, ensuring you receive the insurance benefits and protections you’re entitled to under California law.

Click here to learn more about how our Wildfire Response Group can help you navigate this challenging time and get back on the path to recovery.

CONTINUE READING →

Published on:

2 January 2025

See how JMBM’s Global Hospitality Group® can help you.
Click here for the latest articles on EB-5 Financing.

Join JMBM partners Catherine DeBono Holmes and David Sudeck at the upcoming EB-5 & Global Immigration Expo on January 9-10, 2025, in Newport Beach, California. This event will celebrate the Top 25 winners released in EB5 Investors Magazine and Uglobal Immigration Magazine, and provide invaluable networking and learning opportunities for high net worth individuals, tax and immigration attorneys, migration agents, investors and project developers.

We are pleased to announce that JMBM attorneys Catherine DeBono Holmes, Jeffrey Myers and David Sudeck have been named among the 2024 “Top 15 Corporate Attorneys” by EB5 Investors Magazine. Additionally, Jim Butler, Chair of JMBM’s Global Hospitality Group®, has been recognized as an EB-5 All Star—an honor awarded to the top five leaders in the EB-5 industry. Read the full issue of EB5 Investors Magazine here.

What: EB-5 & Global Immigration Expo

Where: VEA Newport Beach, 900 Newport Center Drive, Newport Beach, CA 92660

When: January 9-10, 2025

Register now on the conference website using JMBM’s exclusive discount.

JMBM has closed more than $1.5 billion in EB-5 financing for our clients’ development projects. Don’t miss the chance to connect with our exceptional team!

CONTINUE READING →

Published on:

19 December 2024

See how JMBM’s Global Hospitality Group® can help you.
Click here for the latest articles on Junk Fee Litigation.

NOTE: We represent the owners and operators of hotels, restaurants, and other hospitality facilities. We do not represent consumers making claims against such businesses. When it comes to junk fee laws at the state or national level, we help the owners and operators of hotels, restaurants, and hospitality facilities understand and comply with them. When claims are made against them by consumers or competitors, we advise on strategies and defense of such claims.

Finally!

 

The Federal Trade Commission (FTC) has been critically looking at “junk fees” for a long time. Over several years, it proposed banning “Unfair or Deceptive  Fees” across many industries. However, on December 17, 2024, the FTC surprised many when it published a significantly revised version as its final “Junk Fees Rule” (16 CFR Part 464). The Rule is scheduled to become effective 120 days after its publication in the Federal Register.

 

Unlike its predecessor proposals, The Final Rule is directed primarily to live event ticket sales and the short-term lodging industry (including hotels and vacation rentals). It will require the affected businesses to clearly disclose the total price of the goods or services (and all ancillary goods and services) to the consumer upfront as the first and most prominent price. This most-prominent total price requirement has been driven by the desire to avoid any “hidden fees” during the consumer’s browsing for information. Most criticized are mandatory charges and hidden fees that often appear at purchase confirmation or payment. Consumers and regulators hate service charges, resort fees and other unexpected items hidden until the end of a transaction and buried as if they are part of the taxes or government-imposed fees.

The total price to be disclosed under the Rule does not cover optional fees, government-imposed charges, or shipping fees. They remain excluded from the total price requirement. Importantly, businesses must ensure that the final payment amount, including any additional charges such as taxes or fees, is displayed as clearly and prominently as the initial advertised price. This eliminates the practice of bait-and-switch pricing, where the advertised price is significantly lower than the final price once all hidden fees are added.

The Rule also prohibits misrepresentations of the nature, character and purpose of fees. An example is a charge for something vague, like  “convenience fees.”

Note that nothing in the Rule limits the types or amounts of fees, as long as the total price is transparent and the description is not misleading.

Although the rule is focused on the lodging industry and ticket sales, the FTC will continue to enforce fair pricing practices in other sectors on a case-by-case basis, which could lead to increased state-level enforcement. The rule promises to improve transparency in hotel pricing, allowing consumers to make better-informed decisions without unexpected charges. We believe there may be an important warning to all businesses — even those outside live event ticket sales and short-term lodging — that many will miss because of the seemingly limited scope. One indication of this is the following statement in the Announcement:

“Industries beyond live-event ticketing and short-term lodging are prohibited from deceiving consumers about fees and pricing per longstanding law. The FTC will use its law enforcement authority to continue to rigorously pursue bait-and-switch pricing tactics, such as drip pricing and misleading fees, in other industries through case-by-case enforcement.”

We expect to provide some more insight on this soon.

See the FTC’s Final Junk Fees Rule Announcement and Final FTC Junk Fees Rule.

For more context on the FTC’s ruling, see our blogs on Junk Fees here:

Junk Fee Law: Exception for California restaurants moves forward

California’s AB 537 mandates transparent pricing for all short-term lodging as of July 1, 2024 — $10,000 penalty for violation

New Federal Junk Fee Law – The No Hidden FEES Act of 2023 (HR 6543)

Jim Butler asks Mark S. Adams for update on California Junk Fee law: Would SB 1524 gut SB 478’s honest pricing for all?

Pricing transparency without hidden mandatory junk fees. Does this apply to restaurants too? New California proposed law (SB 1524 ) says “No!” Can this be right?

FTC’s proposed rule will end drip pricing and junk fees for hotels, restaurants, and many other businesses. Goodbye to resort fees, destination fees, service charges and other miscellaneous fees?

California bans Junk Fees as of July 1, 2024. Good bye to junk fees, resort fees, mandatory service charges, and drip pricing. Hello to – the fruits of SB 478.

Disclosing Mandatory Resort Fees – What Hoteliers Need to Know

Nebraska sues Hilton over hotel “Resort Fees”

Attorney General for DC sues Marriott International over hotel “Resort Fees”

Impending eruption of litigation over Resort Fees? What’s the fuss?

The FTC takes aim at hotel Resort Fees — The FTC 2017 Report


Picture of Jim Butler

This is Jim Butler, author of www.HotelLawBlog.com and founding partner of JMBM and JMBM’s Global Hospitality Group®. We provide business and legal advice to hotel owners, developers, independent operators, and investors. This advice covers critical hotel issues such as hotel purchase, sale, development, financing, franchise, management, ADA, and IP matters. We also have compelling experience in hotel litigation, union avoidance and union negotiations, and cybersecurity & data privacy.

JMBM’s Global Hospitality Group® has been involved in more than $125 billion of hotel transactions and more than 4,700 hotel properties located around the globe. Contact me at +1-310-201-3526 or jbutler@jmbm.com to discuss how we can help.


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Become a speaker or sponsor for Meet the Money®!

For details, please contact Laura Bailey at LBailey@jmbm.com.

 

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Published on:

9 December 2024

See how JMBM’s Global Hospitality Group® can help you.

As previously outlined in our November blog post, the Corporate Transparency Act (CTA) was poised to impose significant federal reporting obligations on U.S. business entities starting January 1, 2025. However, a recent Federal District Court ruling has altered the compliance landscape dramatically.

On December 3, 2024, the court issued a nationwide preliminary injunction in Texas Top Cop Shop, Inc., et al. v. Merrick Garland, declaring the CTA likely unconstitutional. The injunction prohibits the Treasury Department from enforcing the Act while the case is under review. On December 5, the Treasury Department appealed the decision to the 5th U.S. Circuit Court of Appeals, but no guidance has been issued yet on the impact of the injunction.

What Does This Mean for Businesses?

This ruling effectively halts the January 1, 2025, CTA filing requirement for now. While businesses that were preparing to comply may be relieved, it is important to stay alert as the situation evolves. Here’s what you need to know:

  1. No Immediate Filing Obligation
    The injunction pauses the enforcement of CTA requirements, including the submission of Beneficial Ownership Information (BOI) reports to FinCEN.
  2. Uncertainty Surrounding Compliance Deadlines
    If the injunction is lifted, compliance efforts may need to resume quickly. We expect reasonable notice for any reinstated deadlines, but businesses should be prepared to act promptly.
  3. Legislative or Regulatory Action Possible
    It remains unclear if legislative changes or additional Treasury Department guidance will emerge to address the court’s ruling or adjust the CTA framework.

CONTINUE READING →

Published on:

08 November 2024

See how JMBM’s Global Hospitality Group® can help you.

JMBM’s Real Estate Practice Receives National Tier 1 Ranking in 2025 Edition of “Best Law Firms”

Best-Law-Firms-Badge-2025Jeffer Mangels Butler & Mitchell LLP (JMBM) is pleased to announce that its Real Estate (including its Hospitality Transactions) practice has received the highest possible designation of National Tier 1 in the 2025 edition of U.S. News and World Report – Best Lawyers® “Best Law Firms.”

The report recognizes the top law firms in the country for professional excellence based on peer review. JMBM’s Trusts & Estates and Land Use & Zoning practices also received a National Tier 1 designation.

In addition, the Firm received Metropolitan Tier 1 rankings in the following areas:

 

Los Angeles

  • Closely Held Companies and Family Businesses Law
  • Land Use & Zoning Law
  • Litigation – Trusts & Estates
  • Real Estate Law
  • Tax Law
  • Trademark Law
  • Trusts & Estates Law

CONTINUE READING →

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