Articles Posted in Outlook and Trends

Published on:

This was first published in IFLR on July 21, 2025. 

Summertime blues: corporate finance faces a financial reporting reckoning

By Marianne Martin and Bennett Young

Borrowers and lenders can plan ahead of the curve amid financial pressures

Summer is just at the half-way point, but financial reporting for many borrowers for second quarter is still around the corner. Given market volatility, tariffs and other financial burdens – initial indicators suggest that companies are likely straining if not flailing under the weight of economic conditions. What this means for borrowers and lenders is that second quarter reporting could be underwhelming, if not disastrous – putting multiple borrowers in default under their loans.

Below is a look at some of the key market indicators likely to be strained when second quarter reports are available, and what borrowers and lenders alike can do to avoid or reduce the damage.

  • EBITDA ills– The past few months have seen a topsy-turvy effect in the markets due to a number of factors. War, tariffs, inflation and now even immigration effects have put a tremendous strain on companies’ bottom lines, and we predict that earnings-based covenants, such as leverage tests hinged on EBITDA (or earnings before interest, taxes, depreciation and amortisation, a concept often defined differently per borrower) will be the first indicator that trouble is brewing. Even companies that have additional availability on their existing lines may find reduced EBITDA restricts their borrowing capacity and growth, and reductions in EBITDA can cause increases in interest margins in some credits.
  • Asset tests dip – Inventory strains, given logistical issues caused by tariffs and other disruptions, may harken concerns – but these same economic pressures are being felt by borrowers’ account debtors as well. This is likely to have a diminishing effect on the valuation and validity of accounts and other assets used in asset-based financial covenants (such as borrowing base measurements and loan to value, current ratio or liquidity/net worth covenants). The same impact will be felt more broadly in specific industries as certain asset classes, real estate as an example, continue to meander in their recovery – putting borrowers in a deficit from which they simply cannot recover.
  • Coverage tests shorten – Financial coverage tests (such as fixed-charge and interest coverage ratios), which reflect how far cash flow can cover costs, such as interest and other debt costs, are beginning to tighten for many companies. As overall business costs consume cash and thin out liquidity, a company’s ability to cover debt costs will be constrained. These cash flow strains are often viewed by lenders as a window to a company’s financial health – and a failure to maintain sufficient coverage can be seen as irreversible and fatal in the eyes of a lender, handicapping a borrower’s ability to get back to better health.

For lenders, there are steps that can be taken now to anticipate soft or poor upcoming financial results, and to be proactive with respect to any concerns. CONTINUE READING →

Published on:

JMBM’s Trusts & Estates Group’s Basic Guide to Estate Planning has been updated for 2025. Continue reading for more information about the updates for 2025.

Estate Planning for 2025: New Applicable Exclusion Amount

JMBM’s Basic Guide to Estate Planning has been updated for 2025 and is available for immediate download here: JMBM’s 2025 Guide. The Guide addresses important estate planning issues and introduces some of the principal estate planning techniques that can provide solutions to these issues. Updates for 2025 include the following:

  • The amount that an individual can cumulatively transfer free of tax during lifetime and at death (to a recipient other than a spouse who is a U.S. citizen and/or certain charitable organizations) is $13,990,000.
  • The generation-skipping transfer (“GST”) tax exemption is also $13,990,000 per individual.
  • In addition to the exemptions described above, every individual can make gifts during life of up to $19,000 per recipient per year without paying gift tax.

If you would like to discuss how these changes affect you and your family, ways in which you might take advantage of the increased exemption amounts, or any other aspect of your estate plan, please contact us.

We suggest you review your estate plan with your attorney every three years to ensure it continues to meet your goals.

—————————————————————————————————————————

About JMBM Trusts & Estates Group

JMBM’s Trusts & Estates Group focuses on estate planning, wealth transfer planning, trust administration and the resolution of trust disputes. Our firm has one of the most active trusts and estates practices in California and our clients include individuals and families, and their business interests.

—————————————————————————————————————————

This update is provided to our clients, business associates and friends for informational purposes only. Legal advice should be based on your specific situation and provided by a qualified attorney.

 

 


Tphoto__2883799_jim-butler-web-1-300x300his 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.


How can we help? Brochure Credentials Photo Gallery

Published on:

14 July 2025
See how JMBM’s Global Hospitality Group® can help you.

One Big Beautiful Bill Act – Key Tax Provisions

by JMBM’s Taxation and Trusts & Estates Department

 

The One Big Beautiful Bill Act (“OBBB”) was signed into law on July 4th, 2025, ushering in sweeping changes to the U.S. federal tax landscape. The OBBB permanently extends and expands many provisions of the Tax Cuts and Jobs Act (“TCJA”), and introduces significant updates that will impact both individuals and businesses. The following are among the more notable provisions in the OBBB.

Income Tax Rates

The OBBB permanently extends the reduced individual income tax rates and brackets originally enacted by the 2017 TCJA, which were previously set to expire after 2025.
Taxpayers will continue to benefit from the lower income tax rates: 10%, 12%, 22%, 24%, 32%, 35%, and 37%.

Estate, Gift, and Generation-Skipping Transfer Tax Exemption

The OBBB permanently raises the federal estate, gift and generation-skipping transfer tax exemption to $15 million per individual (or $30 million for married couples), effective for estates of individuals and gifts made after Dec. 31, 2025. This exemption amount will continue to be indexed for inflation in future years.

SALT Deduction and Passthrough Entity Tax

The OBBB temporarily raises the cap on the state and local tax (“SALT”) deduction from $10,000 to $40,000 for 2025, with the cap increasing by 1% annually through 2029. Starting in 2030, the cap reverts to $10,000. However, for taxpayers with modified adjusted gross income over $500,000, the available SALT deduction phases down by 30% of the excess income, but never below $10,000 (with the threshold amount also increasing by 1% annually through 2029). CONTINUE READING →

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 →

Published on:

08 November 2024

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

As the January 1, 2025, filing deadline for the Corporate Transparency Act (CTA) approaches, hotel owners, developers, and investors should be prepared to meet the new federal requirements for business transparency. Effective January 1, 2024, the CTA requires most U.S. business entities to submit detailed ownership information to FinCEN or face penalties up to $10,000. The article below by JMBM’s Taxation, Trusts & Estates Department outlines key CTA requirements, filing deadlines, and essential steps for compliance.

Corporate Transparency Act:
Upcoming January 1, 2025 Filing Deadline

by

JMBM’s Taxation, Trusts & Estates Department

Overview of the CTA Requirements and Compliance Obligations

The CTA, which became effective January 1, 2024, introduces extensive federal disclosure obligations for all businesses that do not qualify for an exemption, regardless of when formed. These new reporting requirements are stringent and can trigger multiple filings in a single calendar year exposing noncomplying individuals and entities to both civil and criminal penalties. Pursuant to the CTA, the Financial Crimes Enforcement Network (“FinCEN”) is authorized to collect beneficial ownership information (“BOI”) with respect to business entities (referred to as “Reporting Companies”) formed or registered to do business in the U.S. and disclose such BOI to various federal and state agencies (including the IRS).

In this regard, any Reporting Company that does not qualify for an exemption from reporting must comply with these reporting obligations irrespective of whether it existed before or after January 1, 2024. Penalties for noncompliance include fines of up to $10,000 – making early compliance essential for avoiding these penalties. CONTINUE READING →

Published on:

13 May 2024

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

In the article below, Partner Michael H. Strub, Jr., analyzes the complexities surrounding non-compete agreements and the FTC’s recent decision to ban them. With the enforceability of the FTC’s rule facing legal scrutiny, he discusses the likelihood of a cohesive federal approach and its implications for employers nationwide.

Navigating Non-Competes

by

Michael H. Strub, Jr., JMBM’s Litigation Group

The Federal Trade Commission’s rule that would ban non-competition faced legal challenges from the day it was issued. What are the obstacles the rule faces, and what is the likelihood that some form of federal rule will be created?

Before analyzing these questions, it should be noted that state laws on the enforceability of non-competes are, literally, all over the map. In his article, Fifty Ways to Leave Your Employer: Relative Enforcement of Covenants Not to Compete, 13 U. Pa. J. Bus. L., 751, 786 (2011), Norman Bishara ranked the states from 1 to 50 based on their willingness to enforce non-competes and had a separate ranking for each one. Based on his analysis, Florida is the state that has been the friendliest for enforcement, while California is the most hostile.

As Robert McAvoy notes in his article, How Can Federal Actors Compete on Noncompetes?, 126 Dick. L. Rev. 651 (2022), this panoply of laws is complicated by the employer’s efforts to use choice of law provisions to select the law of a friendly state even if the employee is employed in a state where non-competition clauses are invalid. In Stone Surgical, LLC v. Stryker Corp., 858 F.3d 383, 391 (6th Cir. 2017), for example, the court enforced a non-competition clause under Michigan law against a terminated employee even though the employee worked exclusively in Louisiana, whose law would have prohibited the agreement. CONTINUE READING →

Published on:

9 May 2024
See how JMBM’s Global Hospitality Group® can help you.

The 31st edition of Meet the Money® 2024 national hotel finance and investment conference was held May 6-8 at the Los Angeles Airport Marriott. Some of the insightful presentations included observations on the current economy, insurance and investment advice tailored for hospitality, boutique hotel investment patterns, the Lodging Industry Investment Council’s Top 10, and the state of the hospitality industry in 2024.

To download these free presentations, please go to www.hotellawyer.com, click on the RESOURCE CENTER tab of the website, and then scroll down and select “Hotel Industry Publications.”

Or you can just click here to get the following presentations from the Meet the Money® conference: CONTINUE READING →

Published on:

8 May 2024
See how JMBM’s Global Hospitality Group® can help you.

Today at JMBM’s Meet the Money® national hotel finance conference, The Lodging Industry Investment Council (“LIIC”) released its much-anticipated LIIC Top Ten – the 2024 update of its an annual survey of investment sentiment survey.

LIIC — The lodging industry think tank

The members of LIIC represent the acquisition and disposition control of more than $60  billion in lodging real estate. LIIC members comprise some of the hospitality industry`s most influential investors, lenders, corporate real estate executives, REITs, public hotel companies, brokers, and advisors.

For almost 20 years, LIIC has prepared an annual survey of it members to identify their top concerns and issues affecting hotel investment. This survey results in the “LIIC Top Ten” – a highly-regarded profile of investment sentiment and attitudes for the lodging industry for the forthcoming 12 months.

This year`s survey was compiled by LIIC`s co-chairman, Michael Cahill. Mr. Cahill is president and founder of HREC – Hospitality Real Estate Counselors, a leading national hotel and casino advisory and brokerage firm specializing in lodging property sales, debt refinancing, consulting, and litigation support.

LIIC serves as the leading industry think tank servicing the hospitality business.

 

LIIC Top Ten

This year’s LIIC identified and provided insight on these ten elements affecting hotel investment. They are listed in reverse order of importance to the LIIC members. Click here to download the 2024 LIIC Top Ten full presentation.

  1. Hotel Guestroom Demand
  2. New Hotel Development
  3. Where NOT to Buy a Hotel, and Where to Buy a Hotel
  4. Hotel Buyers Struggling to Find Product
  5. What Do Lodging Investors Want
  6. Impact of Inflation
  7. Impact of Hotel Debt
  8. Hotel Cap Rates and Transactions Market
  9. Greatest Four Threats to Your Hotel Investment
  10. Hotel Property Investment

Overall, the report trended toward cautious optimism, especially for the recovery of corporate travel and lender activity.

You can download the full presentation here.

 

About Meet the Money®

For over 30 years, Meet the Money® has created an energetic environment to forge relationships, negotiate deals, and gain an in-depth understanding of hotel investment and finance. Our national hotel conference attracts heavy hitters and offers an opportunity for productive, one-on-one networking with them.


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.


How can we help? Brochure Credentials Photo Gallery

 

Published on:

24 April 2024

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

The U.S. Federal Trade Commission’s recent decision to ban non-compete agreements marks a pivotal shift in employment regulations nationwide. This rule not only prohibits new agreements but also retroactively impacts existing ones. From its broad definition of “worker” to its exceptions and impending legal challenges, understanding the nuances of this rule is crucial for employers preparing for compliance. JMBM Partner Michael H. Strub, Jr. explains the implications of this landmark decision.

FTC Announces Rule Banning Non-Competes

by

Michael H. Strub, Jr., JMBM’s Litigation Group

Employers throughout the country should be aware that on April 23, 2024, the U.S. Federal Trade Commission adopted a rule that would generally prohibit non-compete provisions, which prohibit workers from accepting work in a competing business or operating a competing business. Specifically, the rule prohibits employers from entering into new non-compete provisions and acts retroactively to prohibit employers from enforcing existing ones.

The rule defines “worker” broadly, and includes, for example, independent contractors and unpaid workers.  The rule includes an exception in connection with the bona fide sale of a business and allows existing lawsuits to enforce non-compete clauses to continue. The rule also permits enforcement of existing non-compete provisions with senior executives—policy makers whose total compensation is at least $151,164 when annualized—but prohibits new ones.

The rule also requires employers to give notice of the new rule, so there will be yet another piece of paper that must be tacked to the cork board in the company kitchen. CONTINUE READING →

Contact Information