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Published on:

8 March 2013

JMBM’s Global Hospitality Group® announces publication of the How to Buy a Hotel Handbook.

The Global Hospitality Group® of Jeffer Mangels Butler & Mitchell LLP (JMBM) today announced the release of the How to Buy a Hotel Handbook, third in the “We Wrote the Book™” series of handbooks published by the Group’s hotel lawyers.

Jim Butler is the Chairman of JMBM’s Global Hospitality Group®. The How to Buy a Hotel Handbook is based on the experience Jim’s team has gained from more than $87 billion of hotel transactions involving more than 1,300 hotels all over the world. The Handbook provides a detailed overview of the hotel acquisition process, a thorough due diligence checklist, and informative articles that address some of the most important questions that arise when buying or selling a hotel.

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Published on:

30 January 2013

Click here for the latest articles on ADA Compliance and Defense.

 

Hotel Lawyer talking about California’s new law aimed at ADA litigation reform.

ADA litigation claims have skyrocketed. Since January 2005, 16,530 ADA lawsuits — lawsuits alleging violations of the Americans with Disabilities Act (“ADA”) — have been filed in federal courts across the country. Even more have been filed in state courts.

In the article below, two senior members of our Global Hospitality Group® talk about a new law passed in California with the goal of reducing abusive ADA litigation. Parts of this law became effective in September 2012, and the rest of it became effective January 1, 2013. Marty Orlick, Chair of JMBM’s ADA Compliance & Defense Group, and David Sudeck, hotel and timeshare lawyer, look at some of the key provisions of this new law and provide their observations about their impact.

Marty and David frequently work together to advise hotel and timeshare owners and operators in connection with Federal and State accessibility law compliance. In this article, they bring California business owners some insight into the likely effectiveness a well-intentioned new law intended to curb abusive ADA litigation.

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Published on:

9 November 2012

Representations and warranties in the documentation of a hotel purchase and sale agreement (or agreement for purchase and sale of any type of hospitality property): What is the value of the seller’s representations and warranties? When does it matter?.

Hotels, restaurants, resorts, vacation ownership projects, spas, golf courses and other similar hospitality properties are different than most real estate. They involve operating businesses that are integrally intertwined with special purpose real estate.

So the documentation to buy or sell such a property (and business) needs to be different than that used for other commercial real estate. One of the areas that is most apparent is in the seller’s representation and warranties.

The article below is by hotel and timeshare lawyer David Sudeck, a senior member of JMBM’s Global Hospitality Group®, and someone very experienced in the purchase and sale of hotels, restaurants, resorts, vacation ownership projects, spas, golf courses and other similar hospitality properties. In a recent article, David wrote about representations and warranties in a purchase and sale agreement — what they are, what areas they cover, and what you want to get in a typical deal.

In this article, he writes about the value of these representations and warranties, hurdles to enforcing them and common terms used today.

This article is one of a series of insights that will be published initially as articles on the Hotel Law Blog at www.HotelLawyer.com and then they will be assembled into the HOW TO BUY A HOTEL handbook for our “We wrote the book™” series, much like the HMA Handbook and the Lenders Handbook for Troubled Hotels (see Resource Center at HotelLawyer.com for free copies).

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Published on:

4 November 2012

Hotel Lawyer with some tips on buying a hotel or other hospitality property.

Hotels, restaurants, resorts, vacation ownership projects, spas, golf courses and other similar hospitality properties are different than most real estate. They involve operating businesses that are integrally intertwined with special purpose real estate.

So the documentation to buy or sell such a property (and business) needs to be different than that used for other commercial real estate. One of the areas that is most apparent is in the seller’s representation and warranties.

The article below is by hotel and timeshare lawyer David Sudeck, a senior member of JMBM’s Global Hospitality Group®, and someone very experienced in the purchase and sale of hotels, restaurants, resorts, vacation ownership projects, spas, golf courses and other similar hospitality properties. In this article he talks about representations and warranties — what they are, what areas they cover, and what you want to get in a typical deal.

This article is one of a series of insights that will be published initially as articles on the Hotel Law Blog at www.HotelLawyer.com and then they will be assembled into the HOW TO BUY A HOTEL handbook for our “We wrote the book™” series, much like the HMA Handbook and the Lenders Handbook for Troubled Hotels (see Resource Center at HotelLawyer.com for free copies).

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Published on:

20 October 2012

The hotel lawyers of JMBM’s Global Hospitality Group® frequently attend hospitality industry conferences to stay current on critical issues affecting hotel owners, investors and lenders. My colleagues, Guy Maisnik, Bob Braun and David Sudeck will attend the Boutique Lifestyle Leadership Symposium in Los Angeles next week.

EXTENDED BODY:

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Published on:

29 May 2012

Click here for the latest articles on ADA Compliance and Defense.

Hotel lawyer with latest insights from ADA experts on “ADA Compliance & Claims Prevention.”

At a recent gathering in Los Angeles, a group of ADA experts convened to discuss the hottest issues facing our industry. The panel was moderated by my colleague David Sudeck, who was kind enough to write an article for our readers summarizing some of the matters discussed. The PowerPoint presentation prepared by the panelists is also available by clicking here

There have been more than 15,000 ADA lawsuits filed in the United States. Failure to comply is expensive and bad for business. It is important to be ADA-friendly.

In addition, David Sudeck and Marty Orlick, have written articles and been featured on several webinars, on the topic of Americans With Disabilities Act (ADA), as well as specifically on the new 2010 Regulations which came into effect in part on March 15, 2011 and in part on March 15, 2012 (other than the pool lift regulations, the implementation of which have been delayed, as discussed below). Please feel free to contact either one of them – dsudeck@jmbm.com (David Sudeck) or morlick@jmbm.com (Marty Orlick) for additional reference materials or if you would like to discuss your ADA compliance and defense questions.

Here is the summary of the panel discussion . . .

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Published on:

21 November 2011

Click here for the latest articles on ADA Compliance and Defense.

ADA Defense & Compliance Lawyers. Is your pool, spa and fitness facility compliant with the ADA 2010 Regulations? If you think your property is grandfathered, then you are wrong! There is no grandfathering.

As we mentioned in our recent posted article “Updating Service Animal Policies of Your Hotel,” the Department of Justice published revised final regulations implementing the Americans with Disabilities Act (ADA) for title III (public accommodations and commercial facilities) on September 15, 2010 (the “2010 Regulations”).

Based on the 2010 Regulations, all “Public Accommodations,” including “Places of Lodging” (hotels, resorts, most timeshares, restaurants, etc.) must bring certain elements of the facilities described below into compliance with the 2010 ADA Standards as of March 15, 2012.

  • No one is exempt.
  • There is no safe harbor.
  • The ADA’s “readily achievable” standard will apply.

 

If you are not already working on bringing your property into compliance, then you should call us to assist you with the creation of a compliance policy.

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Published on:

3 October 2011

Click here for the latest articles on ADA Compliance and Defense.

ADA Defense & Compliance Lawyers. What are some of the most common questions asked of our ADA Defense Lawyers? Many of them relate to “service animal” policies at hotels, restaurants and other places of public accommodation. One of the most read articles on Hotel Law Blog was a posting I did 5 years ago on this subject. Who’s crying “Woof”? What you must know about the ADA requirements for disabled guests and their service animals . . .

But with recent developments, we thought it was time to update that information with the effect of the latest amendments to the regulations on this subject published by the Department of Justice implementing the Americans with Disabilities Act (ADA).

Many thanks to hotel lawyers David Sudeck and Marty Orlick for their help on this article.

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Published on:

20 September 2011

Hotel Lawyer at the Phoenix Lodging Conference: Where are we going from here?

The Lodging Conference kicks off tonight at the Arizona Biltmore as roughly 1,500 hotel industry leaders gather for the next 3 days. This is one of my favorite hotel finance conferences of the year, and JMBM’s Global Hospitality Group® will be well represented. Senior GHG members Guy Maisnik, Cathy Holmes, Bob Braun, David Sudeck and I will all be here.

Aside from the great connections and catching up, the one thing everyone at this conference will be looking for is some sense on what happens to the hospitality industry from here. The first part of the year was robust transactionally speaking, with lots of hotels changing hands and pretty good financing for established hotels with good cash flow. But it seems like everyone got spooked a little in late August about the time Congress was deadlocked on a budget. Then the U.S. credit rating was downgraded, and the European debt crisis has continued to foment trouble, initially focused on Greece, but now more on Italy with its credit rating decrease, with concerned looks toward Spain and elsewhere.

On the one hand, one can argue that all this should have no affect on the hotel industry, at least in the United States. But the markets are unsettled and everyone seems to be taking a second look before they continue with business as it was earlier this year. And of course, the lodging industry has a long-term direct correlation with the economy. So, if the increasing pessimism pointing to an impending recession wins the day, we are all in for a bumpy ride.

I will be very interested to measure the mood of The Lodging Conference this year, and see how everyone else is viewing the current situation. Do we catch our breath and continue from roughly where we were, or do we hold our breath and get ready for a roller coaster ride? I may have some more insights for you shortly.

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Published on:

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Formation of the Chinese Investment Group®

Jeffer Mangels Butler & Mitchell LLP (JMBM) has announced the formation of the JMBM Chinese Investment Group® to provide legal and business advice for the specialized needs of Chinese investors and Chinese investment in the United States for hotel, real estate, EB-5 and other U.S. investments. We have a dedicated team with great experience for this kind of work.

Here is more information about how this development might help you. Click here to download a PDF of this announcement about the Chinese Investment Group®.

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