Articles Posted in Outlook and Trends

Published on:

16 October 2012

What happens to the hospitality industry with certain likely political and economic scenarios?

Here is another insightful analysis of hotel industry performance and forecast. But unlike many industry analysts, Mark Woodworth and his team at PKF Hospitality Research forecast the effect of how Washington deals with the “fiscal cliff” deadline and related budget issues.

What happens if the automatic budget cuts currently the law of the land kick in because Congress can’t agree on an alternative course of action? What happens if they “kick the cliff down the road.”?

The results may surprise you. One scenario likely leads to a recession in the first half of 2013, but in any event Woodworth and his PKF team say ” Under all scenarios considered, 2014 will be a great year for the industry. It remains a great time to be investing capital in the industry.”

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Published on:

10 October 2012

Where are we and where do we go from here?

Vail Brown is Vice President, Global Business Development & Marketing, with Smith Travel Research, and recently presented a comprehensive report on the hotel industry performance at the Phoenix Lodging Conference, entitled ” Statistics, Trends and Projections for 2013 & Beyond.” See HotelLawyer.com at for the full presentation or click here.

All Smith Travel presentations can always be found at www.hotelnewsnow.com. Click on “Hotel Data Presentations”. We appreciate their consent for us to post the presentation on HotelLawyer.com as well.

We caught up with Vail after the Phoenix Lodging Conference and asked her what she thought were the most notable developments at this moment. She gave us three key observations from STR’s standpoint as it relates to the U.S. hotel performance data through year to date through August 2012.

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Published on:

9 October 2012

JMBM’s Hotel Lawyers Post 500th Blog
HotelLawyer.com and Hotel Law Blog are resources for hotel owners and lenders

LOS ANGELES — October 8, 2012. Jim Butler, Chairman of the Global Hospitality Group® at Jeffer Mangels Butler & Mitchell LLP (JMBM) announced today that the Group posted its 500th blog on the Hotel Law Blog.

Launched in 2006 for hotel owners, developers, investors and lenders

Jim Butler founded and launched HotelLawBlog in 2006 — the first of its kind to focus solely on hotel law. It was designed particularly for the needs of hotel owners, developers, investors and lenders. Through the blog, JMBM’s hotel lawyers offer legal and business perspectives about trends in the hospitality industry, challenges in hotel operations, and insights on other important industry issues.

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Published on:

9 October 2012

Phoenix rising? Sentiment at the Phoenix conference?

Phoenix-12C-thumb

Please forgive the play on words, but given the location of The Lodging Conference and the continuing ascent of lodging industry fundamentals, I was simply unable to restrain myself on the title of today’s post. I am also an ardent student of mythology, so once I looked up “phoenix rising” in Wikipedia, I had to go with the title. My “research” on this subject is at the end of this article.

But the metaphor may be appropriate. Harry Javer and Morris Lasky have done it again. Another great annual event at the Arizona Biltmore, with more than 1,400 attendees, matching the all-time record set in 2007. I have usually found that conference attendance is something of a barometer of the mood in the lodging industry, so this showing bodes well.

What is the take of the lodging industry “think tank” on the state of the industry?

Three times a year, the Lodging Industry Investment Council (“LIIC” pronounced “lick”) gathers leaders of the industry for formal think tank sessions on various topics of importance. The approximately 70 members of LIIC represent approximately $20 billion of hotel properties from all segments and locations. The most recent meeting was held last week in conjunction with The Lodging Conference.

I am privileged to be one of the three co-chairs of the Lodging Industry Investment Council, along with Mike Cahill and Sean Hennessey. Mike is CEO and Founder of Hospitality Real Estate Counselors or HREC based in Denver, Colorado, and Sean is President of Lodging Advisors LLC in New York City.

After a special State of Industry briefing by Vail Brown of Smith Travel Research, and a robust discussion of what the LIIC members are experiencing right now, Mike Cahill provided this summary of his take on the environment.

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Published on:

29 May 2012

HotelLawyer.com launches

Portal to knowledge for the hospitality industry

JMBM’s Global Hospitality Group® hotel lawyers launch comprehensive hospitality resource
LOS ANGELES — May 29, 2012. Jim Butler, Chairman of the Global Hospitality Group® at Jeffer Mangels Butler & Mitchell LLP (JMBM) announced today that the Group has officially launched HotelLawyer.com, a comprehensive resource for the hospitality industry.

“JMBM’s Global Hospitality Group® is known for providing useful information, thoughtful analysis and a refreshing perspective to legal and business issues that affect the industry,” said Butler. “Our rich library of industry information is now organized in one convenient place — at HotelLawyer.com.”

On HotelLawyer.com, readers will find nearly 500 articles published over the years on the Hotel Law Blog, and the first two books in the We Wrote the Book™ series (The Lenders Handbook for Troubled Hotels and The HMA Handbook: Hotel Management Agreements for Owners, Developers, Investors and Lenders). These FREE resources continue to be accessed by thousands of readers each month.

Also available without cost at HotelLawyer.com are presentations from industry leaders, such as those given at JMBM’s 2012 Meet the Money® conference by Suzanne Mellen of HVS, Bruce Baltin of PKF Consulting, Greg Hartmann of Jones Lang LaSalle Hotels and Alan Reay of Atlas Hospitality Group.

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Published on:

9 May 2012

Along with Mike Cahill of Hospitality Real Estate Counselors (HREC) and Sean Hennessey of the Lodging Investment Advisors, I am privileged to be one of the co-chairs of the Lodging Industry Investment Council (LIIC). LIIC is the hotel industry “think tank” whose membership owns or operates many billions of hotel investments, and involves all aspects of the industry.

LIIC Annual Survey

I am grateful that Mike Cahill takes responsibility for analyzing LIIC’s annual survey of lodging investment trends and challenges, a highly regarded profile of investment sentiment and attitudes for the lodging industry for the next 12 months.

This survey results in the annual “LIIC Top Ten”, which Mike delivered to more than 350 participants at the 22nd annual conference of Meet the Money® today.

Economy is top concern

You won’t be surprised that the economy remains the biggest concern among LIIC’s members. But some of their beliefs about where things are headed are less obvious and very interesting.

If you were not in attendance, you missed Mike’s personal insight. But the presentation is available on HotelLawyer.com. It is brief and straightforward, as was his delivery today. For a snapshot of what industry leaders are thinking about right now, click here.

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Published on:

The NLJ’s Midsize Hot List

The National Law Journal (NLJ) published its Midsize Hot List this week, and we are pleased that Jeffer Mangels Butler & Mitchell LLP was included as one of only 20 firms selected.

How the selection process works

In its national survey, the NLJ judged firms by how they stood out from their competition, what made them distinct in terms of organization and operations, and by the key matters the firm handled for clients in 2011. As part of that process, the NLJ’s researchers contact the firm’s clients for their input.

According to the National Law Journal, the 20 law firms that comprise its 2012 Midsize Hot List “are good at what they do, but they’re also good at how they do it”.

Known globally for hospitality

In its profile of Jeffer Mangels Butler & Mitchell LLP (JMBM), the National Law Journal noted that the firm has many successful practices in industry niches, being best known globally for its Global Hospitality Group®. Particular note was also made of the related activities of our Chinese Investment Group® in both EB-5 and inbound investment from China.

At JMBM, we believe that clients benefit from industry specialization. When a lawyer has deep experience in an area, you are almost certain to get a better outcome. Not only that, you will get it faster, cheaper, and with less risk. I have always reminded our clients — hotel owners, developers and capital providers — that hotels are NOT just real estate. Hotels are complex operating businesses, integrally intertwined with special-purpose real estate. So when you have an important hotel matter, why would you go to a just a real estate lawyer? You need a hotel lawyer!

What our clients think

It’s always nice to be recognized for one’s work but, for me, it was most gratifying to read the comments made during the reference checking by Warren Ernst, senior city attorney for the city of Dallas, for which our hotel lawyers conducted a request for proposal — using JMBM’s HMA Pro™ approach — for hotel brands to manage its large convention center hotel. (We assisted in the selection process and then negotiated a “qualified hotel management agreement” meeting the requirements of the Internal Revenue Code for a project financed with tax-exempt bonds.) Here’s what he told the National Law Journal:

Warren Ernst, a senior executive assistant city attorney for Dallas, said that Jeffer Mangels “made a very complex component of the project go efficiently, while assuring the city’s leaders and managers that the city’s interests were being very well protected. JMBM was critical in providing both legal and practical business advice throughout the process. “

Our goal has always been to be more than “just” excellent hotel lawyers, but to also bring business advice — both practical and strategic — to each of our client’s projects. For sophisticated clients who don’t have expertise in hospitality, like Warren’s team at the city of Dallas, our team provides hotel-specific knowledge about what is “market” or “customary.” We can help them understand what’s a fair deal and how to get it. Applying creative and unusual approaches, like our HMA Pro™ approach to finding a great hotel operator, we can add value and help to solve sticky problems.

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Published on:

13 March 2012

Hotel investment through buying hotel notes As the economy and hotel fundamentals continue to improve, hotel note purchase opportunities will be one of the most attractive hotel investments for savvy investors.

My partner and Vice Chair of our Global Hospitality Group®, Guy Maisnik, has been working a lot on note purchases lately, and I asked him to share some insights with us, which he graciously consented to do with his article today.

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Published on:

3 February 2012

While no one has a crystal ball to accurately predict the future of the hospitality industry, Eric Stossel, Managing Editor of Lodging Hospitality has the next best thing: access to experts and insiders who have their fingers on the pulse of the industry. I was recently interviewed by Eric, along with other hospitality practitioners, for one of his articles that forecast the year ahead (see Capital Markets Key to Hotel Real Estate Rebound).

There was plenty of prognosticating going on by pundits at the ALIS conference in Los Angeles this week, as well, and I took a lot of notes. Here’s what the experts think the hospitality world will look like in 2012.

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Published on:

19 January 2012

Hotel lawyer in Los Angeles, looking at a new first in the hotel conference industry. The Americas Lodging Investment Summit or ALIS runs next week from Monday through Wednesday, January 23-25, 2012, at the JW Marriott in downtown Los Angeles. ALIS is one of the major annual hotel investment conferences and gets some of the best attendance in the industry. In 2012, it returns to Los Angeles after several years of being held in San Diego. It is always a great way to get a handle on what’s happening in the hotel industry at the beginning of the year, and many of us look forward to it as a regular annual event.

However, this year, the conference is creating something of a stir with what seems to be an industry first. For several weeks, rumors have abounded that the conference promoter, BHN, has “bought out” all of the public space at the JW Marriott. The practical impact of this is that only people with ALIS Conference badges will be permitted in any of the public spaces at the conference hotel.

Today, I received an e-mail sent to all registered ALIS delegates. It confirmed the rumors. Among other things, this e-mail from the “Alice Registration Team” said the following:

Security will be tight at both the JW Marriott Hotel and Nokia Theatre. ALIS has secured all public areas at the JW Marriott Hotel beginning Monday, January 23. In order to access both venues, only registered ALIS delegates with ALIS name badge and picture ID will be granted admittance.

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