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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:

1 November 2011

Congratulations to Hotel Management on a great annual hotel conference in Washington DC.

Our heartiest congratulations to Stacy Silver and Stephanie Ricca of Hotel Management and their team for a great first day (just ended) on their 3rd annual hotel conference, now called NATHIC (North America Hotel and Tourism Investment Conference). This was my first time attending this conference, but it certainly won’t be my last.

Washington DC makes an excellent venue for a conference, because it is efficient to combine the conference with business meetings with so many hotel companies based in the greater metropolitan area. Washington DC is a capital of the hotel industry.

So here is my take on the trip to Washington, DC and the NATHIC conference so far.

CONTINUE READING →

Published on:

25 October 2011

Click here for the latest articles on EB-5 Financing. 
On Friday, October 21, 2011 I did a Q&A interview with the National Real Estate Bisnow about Chinese investment in U.S. hotels. Here is the full Question & Answer exchange, a portion of which appeared in the Biznow article.

There’s been an explosion of Chinese investment in the US, especially real estate. And many people believe it will surpass the Japanese investment of the late ’80s (estimated to have exceeded $120B).

There’s been an explosion of Chinese investment in US real estate. Who’s investing and where, and how much investment do you expect in 2011?

The increasing wave of Chinese investment in the U.S. is being fueled by the Chinese government (generally acting through construction companies, banks and other intermediary companies) and an exploding class of wealthy Chinese. The top .05% wealthiest Chinese have investible funds of more than $2.7 trillion, and there is a rapidly growing class of billionaires and more than 800,000 millionaires. Plus there is a huge rising middle class looking to travel and enjoy life.

Of course, in addition to Mainland China there are the Chinese in Taiwan, and everywhere else such as Hong Kong, Singapore, and Indonesia.

A recent Merchants Bank report estimates that rich Chinese individuals — those with assets of more than 10 million yuan — have about 3.6 trillion yuan ($564 billion) invested overseas. No reliable numbers are available for total Chinese foreign investment or Chinese investment in the United States. The investors are largely staying under the radar to avoid publicity and possible adverse reactions, and there seems to be no means to track the investments and get an aggregate investment number.

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Published on:

18 October 2011
Important new court case on terminating hotel management agreements — Fairmont v. Turnberry.

JMBM’s Global Hospitality Group®, together with Dennis Richard of Richard and Richard, represented the owner of the Turnberry Isle Resort & Spa in obtaining a significant decision involving Fairmont Hotels & Resorts. On Friday, October 14, 2011, a Miami Federal District Court denied Fairmont Hotel’s request for a preliminary injunction to be reinstated as the operator of the hotel.

We think this is an interesting and important decision. We believe that this 71-page opinion written by Magistrate Judge Goodman and adopted and reaffirmed by Judge Donald L. Graham is destined to become one of the more important cases in the area of hotel management agreements. Grounded on solid legal precedent — with English common law, a landmark U.S. Supreme Court case by Chief Justice John Marshall, and a well-known line of hotel cases — and public policy, this is one of the best-written, most thoroughly researched and comprehensive decisions in the area.
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Published on:

15 October 2011

Optimistic keynote at the Dallas Lenders Conference from FelCor Chairman Tom Corcoran

One of the bright spots at Steve Van’s Fishing for Solutions lender conference was the keynote address given by FelCor Lodging Trust Chairman, Thomas J. Corcoran. Known for his blunt and sometimes salty candor, Tom sounded a call for a reality check for doomsayers, likes where we are now in the hotel industry and expects things to get better.

Yes, he reads the newspapers, knows all about the “market volatility” and pokes fun at how the world cringes on reports that Slovakia may not approve the European bailout of Greece. Everyone is over-reacting to news he says.

Here are the details . . .

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Published on:

15 October 2011

Hotel Lawyer from CMBS Special Servicer heaven with the latest insights from the Dallas Lenders Conference

For 11 years now, Steve Van and his team at Prism Hotels have held what is probably the best lender conference in the country. Attendance is by invitation only. The one-day program is attended by industry leaders and about 100 of the Who’s Who of the hotel lending world. If you are a special servicer, you want to be at this meeting. The convocation has swelled in size from about 35 at the first meeting, but Steve resists all the temptations to grow too large so that this remains an informal meeting place for serious dialog and candid discussion.

Generally, the conference delegates include the top people from the major special servicers, such as Midland Loan Services, C-III Asset Management, CW Capital, Berkadia Commercial Mortgage, ORIX Capital Markets, KeyBank Real Estate Capital, Bank of America and the like – all the people you would like to see but never find at the major investment conferences. The sessions are highly interactive, more akin to think tank sessions and sharing of experiences and concerns than the typical conference lecture format.

I was privileged to lead a panel of thought leaders on “Trends in Hotel Loan Sales,” and Guy Maisnik (my partner and vice chair of our Global Hospitality Group®) spoke on the panel “Special Servicers Survival Guide for Loan Defaults – CMBS 201: What has changed?”
Here are some highlights of the meeting that I thought were noteworthy . . .

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Published on:

6 October 2011

My partner, labor and employment lawyer Scott Brink, has informed us that the California Supreme Court is scheduled to hear oral argument in a high-profile labor law case, Brinker Restaurant v. Superior Court, on November 8, 2011. He believes it is likely we will see a decision within the following 90 days.

The outcome could curb a wave of class action lawsuits in California — or provide the fuel for more of them.

At issue in the case is whether California employers must ensure that their employees actually take their meal and rest periods or merely make them available. Here is Scott’s update.

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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:

27 September 2011

Hotel Lawyers with some (very) good news.

Of course there are plenty of macro economic issues and industry challenges to worry about. (See It’s not just me. The market has changed.)

But there are also some things to feel good about. If you want to be gloomy, go read your newspaper. If you want to cheer up, keep reading.

Here are a few nuggets of information to brighten your day.

[The slides in this article are taken from presentations at The Lodging Conference in Phoenix by Mark Woodworth of PKF, and Vail Brown of Smith Travel research. We appreciate their permission to use their slides.]

CONTINUE READING →

Published on:

25 September 2011

Hotel lawyers: Are we at a turning point in the industry?

Our hotel lawyers were at The Lodging Conference in Phoenix last week, taking the measure of the hotel industry. It was pretty interesting. Some said August was a “turning point” and they were not referring to a good thing.

At the Hotel Law Blog, what happens in Phoenix does not stay in Phoenix. Here’s what we heard.

“It’s not just me. The market has changed in just the last 60 days!”

While many people at the Lodging Conference said recent market volatility had no impact on them, their transactions or their deals, this was clearly not the case for all.

A widely-held view was that it seems like someone hit the “PAUSE” button on hotel finance and purchase-sale transactions. Some fear a “reset” button may also have been tripped. The global market turmoil of the past 30-60 days triggered by the inability of our politicians to resolve deep U.S. budget issues, along with questions about political resolve by European governments to deal with their own problems continue to raise major issues.

And there are all the usual specters of big increases in taxes, continued high unemployment, sagging consumer confidence, rising labor costs, rampant inflation to deal with $14 trillion of debt, operating costs rising faster than RevPAR as well as war, plague and pestilence.

So here are some insights from industry leaders and vignettes JMBM’s hotel lawyers gathered at the Phoenix Lodging Conference. In many cases we have omitted the speaker’s names because I was not certain that the comments were intended for attribution.

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Published on:

20 September 2011

On September 10 2011 , we let you know that the National Labor Relations Board (NLRB) is making it harder to stay union free.

As of November 14, 2011, most private sector employers are required, by a controversial new National Labor Relations Board rule, to post a notice advising employees of their rights under the National Labor Relations Act.

Now, according to my partner, labor and employment lawyer Scott Brink, the NLRB’s authority to issue the new rule is already the subject of legal challenge.

Because NLRB enforcement of the new rule may be delayed — pending the resolution of a lawsuit challenging the validity of the rule — employers should not rush to post the notice before the November 14, 2011 deadline.

Scott’s brief article below explains what is going on and why you need to pay attention to this important development.

A link to the NLRB’s Form of Notice, which was issued September 14, 2011, may be found at the end of the article.

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