01 May 2012
Hotel Lawyer in Los Angeles at Meet the Money® 2012
My staff and I are making final preparations for the 22nd Annual Meet the Money® conference and I couldn’t be more excited! This year’s theme is “Rise above the global financial tempest” and our speakers are ready to share the experience, knowledge and insight that enables them to find financing, create value and get deals done in the midst of our current global challenges.
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.
23 April 2012
Hotel Lawyer with some insights on the recent California Supreme Court Case, Brinker v. Superior Court
Last week, the California Supreme Court gave employers a “break” by resolving issues in a case that has been pending since 2008 — issues that have cost California employers more than a billion dollars in settling and defending class action lawsuits.
At issue in Brinker Restaurant Corporation v. Superior Court was whether California employers must ensure that their employees actually take their meal and rest periods or merely make them available. To the collective relief of California employers, the court found that an employer must only provide meal and rest periods to its employees, leaving the employees free to use the period for whatever purpose they desire. The employer is not obligated to ensure no work is performed during the period.
My partner, labor and employment lawyer Travis Gemoets, offers some practical pointers to employers based on the Brinker decision, in his article below.
While it is always great to share positive news with our friends in the hospitality industry, the Brinker decision also reminds us of the critical need for clear, sound employee policies, and the importance of providing regular, ongoing education to supervisors who implement those policies.
JMBM’s Global Hospitality Group® includes labor and employment lawyers with deep experience in the hospitality industry, providing clients with practical advice and planning, as well as aggressive advocacy. If you would like to discuss how our industry-specific prevention and preparedness strategies can help you avoid or minimize costly employment claims, or how the Brinker decision impacts your hotel operation, please contact me or my partner, Travis Gemoets.
27 March 2012
Click here for the latest articles on ADA Compliance and Defense.
Hotel Lawyer ADA defense alert
Significant legislation has been introduced with AH&LA support to provide relief for ADA compliance on pool lifts. So my ADA expert partner, Marty Orlick, and I thought it might be helpful to explain what is going on, and what it likely means to you. Here is what is happening . . .
One year delay for ADA pool lift requirement
On March 26, 2012, the AH&LA announced support for legislation introduced to force a 1 year delay in enforcing the ADA pool lift requirement. The bill was introduced by Congressman Mick Mulvaney (R-SC) and has 26 original co-sponsors.
Authorize portable pool lifts, sharing lifts and protection for hoteliers during delay
In addition to delaying effectiveness of the pool lift requirement that was originally scheduled to be effective March 15, 2012 and then delayed 90 days until May 15, 2012, the proposed legislation would give some other much-sought-after relief.
It would allow the use of portable pool lifts, and allow sharing of lifts among pools. Both of these alternatives were belatedly prohibited by the Department of Justice’s January 31, 2012 interpretation of its final rules, and would be overturned by the legislation if adopted.
Significant relief for the hotel industry
According to AH&LA President/CEO Joe McInerney. “Portable lifts will allow hoteliers to protect guest safety, while accommodating guests with disabilities. The delay will allow hoteliers the time to implement the necessary changes without the fear of lawsuits.”
20 March 2012
Hotel Lawyer: Are you thinking about negotiating a new hotel management agreement? Here are 10 things to consider about making your process smoother and more successful.
It seems like hotel management agreements are on everyone’s mind these days. Development is coming back. Many owners of existing property are repositioning their hotel properties. And old management agreements continue to expire or occasionally are terminated.
In any event, we have been getting a lot of calls lately to help owners, developers, investors (and some lenders who have become owners) negotiate new hotel management agreements. One of the first questions usually raised is how the process of negotiating a management agreement works, with all the different parties involved, usually in different parts of the country (or the world).
So my partner Bob Braun and I decided to share the process we usually use with clients to streamline the process. Let us know if you have any thoughts or insights on this.
16 March 2012
ADA Defense Lawyer: What does the ADA pool lift compliance extension of May 15 mean for you?
First, let’s be clear that all compliance dates have NOT been extended!
Extended deadline for pool lifts is May 15
Responding to concerns expressed by the hotel, pool and spa manufacturing industries, and those of a number of U.S. Congressmen, on March 15, the White House plunged into the swimming pool access controversy by issuing a 60-day an extension to implement the 2010 ADA Standards for pool lifts. As a result of this action, the new deadline for installing pool lifts is May 21, 2012, but that too may change.
March 15 deadline remains for all other provisions of new ADA Standards
The March 15, 2012 compliance date remains in effect for all other provisions of the 2010 Standards. The Department of Justice will soon publish a Notice of Proposed Rulemaking giving the public 15 days to express their views. We expect the hotel and pool and spa industries will take a much more active role in the public comment process than they did when the 2010 Standards were initially open for comment.
Events have been moving very fast when the official government position changes 180 degrees in less than 24 hours. And that his what has happened. So my ADA expert partner, Marty Orlick, and I thought it might be helpful to explain what is going on, and what it likely means to you.
Here it is . . .
15 March 2012
Click here for the latest articles on ADA Compliance and Defense.
ADA Defense Lawyer with latest update on pool lift compliance date!
Yesterday, March 14, the Department of Justice declared that it was taking a hard line on the March 15 ADA pool lift compliance date refused any extension of the compliance deadline.
Today, in a significant turnabout, Attorney General Eric Holder signed a final rule extending the compliance deadline on ADA pool lift for 60 days until May 15, 2012.
Official statement from DOJ
Here is the official statement from the Department of Justice ADA website (www.ada.gov):
On Thursday, March 15, 2012, Attorney General Eric Holder signed a final rule extending the date for compliance with sections 242 and 1009 of the 2010 Americans with Disabilities Act (ADA) Standards for Accessible Design as it relates to the provision of accessible entry and exit to existing swimming pools, wading pools, and spas for a period of 60 days after the publication of the rule in the Federal Register. On that same day, the Attorney General also signed a Notice of Proposed Rulemaking(NPRM) seeking public comment on whether a longer period of time would be appropriate to allow pool owners and operators to meet their compliance obligations. Specifically, the NPRM proposes a 180-day extension of the deadline. Comments on the NPRM will be accepted for 15 days after publication in the Federal Register.
Immediate 60-day Extension of Compliance Date for Existing Pools
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.
06 March 2012
Click here for the latest articles on ADA Compliance and Defense.
As you should know by now if you are following developments on the Americans with Disabilities Act (or ADA), the most sweeping changes to the ADA in 20 years become effective on March 15, 2012.
It seems that almost every day there is some new development or interpretation of the new rules. For an up-to-date summary of some key provisions, please see articles listed at the end of this posting.
A number of us in the hotel industry have been visiting the DOJ’s Civil Rights Division to get clarification on the recent DOJ guidance on “fixed” pool lifts.
Congressmen intervene with DOJ on pool lift issues
Last week, two prominent Congressmen, Mike Mulvaney and Todd Rokita, jumped into the fray with a letter to DOJ (see below) acknowledging its important efforts to provide swimming pool access to the disabled community. Here are a few highlights from the letter and the full text is below.
25 February 2012
Click here for the latest articles on ADA Compliance and Defense.
Hotel ADA defense and compliance lawyer
It is always a good feeling when someone you respect pays you a nice compliment. That’s what happened yesterday when GlobeSt.com gave JMBM’s ADA Compliance and Defense Lawyers quite an acknowledgement. Miriam Lamey covers the hotel sector for GlobeSt.com.
Last week Miriam called me for an interview to go over some of the subject Marty Orlick and I have been writing about recently to help the hotel industry understand the meaning and importance of new ADA regulations which will go into effect March 15, 2012. I put her in touch with Marty and here is the interview that GlobeSt.com ran on February 24, 2012.
Hotels Handle Pool Lift Regulations
from GlobeST.com February 24, 2012
by
Miriam Lamey
SAN FRANCISCO-The Department of Justice gave March 15 as the deadline for all hotel properties to install pool lifts for disabled guests who could not otherwise use the facilities independently. According to the DOJ, these lifts must be fixed, well-maintained, and exclusive to each pool.
Recently, Martin H. Orlilck, an Americans with Disabilities defense lawyer, sat down with GlobeSt.com’s Miriam Lamey to discuss the impending deadline and how the hotel industry has and will respond to the requirements.
A question and answer session follows: