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1. The ADA Compliance and Defense Guide — free download

2. Hotel Lawyer on HMAs: “The shrinking terms of hotel management agreements”

3. Hotel Financing 2015: JMBM’s “preferred” EB-5 construction financing program for top developers and projects

4. The “new breed” of condominium hotels — Key to financing new hotel development? Selling condo hotels as “securities” under new SEC Rule 506(c) . .

5. Los Angeles is the new magnet for real estate investment

6. FAQs on “service animal” requirements of the ADA. What every hotelier needs to know. Why Uber was sued over service animals.

7. Why this may be the time to buy or sell a hotel management company

8. Hotel development & EB-5 financing: Why you don’t want to form your own regional center

9. Hotel Liability for Guest Information — What you need to know and how to avoid liability.

10. Hotel Franchise Lawyer: 8 things to negotiate in your next franchise agreement

11. Hotel Lawyer: The 5 questions every owner should ask before selecting a hotel brand

12. Hotel Franchise Lawyer: Hotel Franchise Agreements and the 5 biggest mistakes a hotel owner can make

13. Hotel Lawyer with insights on "How to get a great hotel operator"

14. The importance of Comfort Letters in financing franchised hotels

15. Hotel Lawyer: Something everyone buying or building a golf course should know . . .

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Meet the Money® 2014

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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:

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13 April 2023

Meet the Money®, the national hotel finance and investment conference, returns for its 30th year on May 1-3, at the Hyatt Regency LAX. Attendees can look forward to three days of deal-making, networking, and high-level presentations from some of the best-known names in the hospitality industry.

Meet the Money brings speakers, sponsors, and attendees together in an environment big enough to attract industry leaders, but small enough for meaningful and productive in-person meetings, where the focus is business and investment.

“After a few years of upheaval, we see a real chance for companies and executives in all corners of the hospitality industry to reset and look at new players, new capital, and new deals with fresh eyes,” said Jim Butler, conference chairman and Chairman of the JMBM Global Hospitality Group®. “There are plenty of opportunities out there for those who seek them – and Meet the Money is a great place to start looking.”

Program Highlights

This year’s program will open with a pair of two-hour Investment Boot Camp sessions: one focused on finding opportunities and creating value in distressed properties, and a second session for anyone who wants to understand, evaluate and tap into EB-5 financing.

Each day of the conference includes spotlights presentations by industry experts on the state of the hotel industry, both nationally and in California, as well as an important new landmark study on the CapEx needs of hotels. Presenters will include representatives from HVS, LWHA, CoStar, LARC, Gallagher, and Atlas Hospitality. CONTINUE READING →

Published on:

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5 April 2023

The energy is building as we prepare for Meet the Money’s return in May! Our registrants can look forward to an exciting conference structured around networking, dealmaking, and gathering insight from the industry’s best minds.

There are plenty of opportunities in today’s hospitality industry for those seeking them, and Meet the Money is an ideal place to start looking. Who will you meet, and what possibilities will you find?

Hotel owners, operators, developers, lenders and investors will come together at this year’s conference to build networks, resolve challenges, find financing, and make deals, with access to discussions led by the industry’s top advisors. Take a look at the list below to see who’s coming to Los Angeles in May.

Shouldn’t you be on this list? Register today! You can find out more information on MeetTheMoney.com, or go directly to registration here.

Meet the Money 2023 Participants

CONTINUE READING →

Published on:

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23 March 2023

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

The Meet the Money program is now available on MeetTheMoney.com – take a look and see who’s speaking and what topics they’ll be exploring.

Meet the Money speakers don’t just come to the conference to share their perspectives; they also come to network with attendees. You can develop relationships, explore partnerships and ask questions one-on-one with our expert panelists and presenters, setting up opportunities that will take you through 2023 and beyond.

This year’s program will include:

  • Investment boot camps covering distressed properties and the renewed opportunity of EB-5
  • Special presentations interpreting the latest data and industry sector highlights
  • Discussion panels featuring insight into acquisitions and repositioning, creative financing, hotel transactions, alternative hospitality, lifestyle and boutique concepts and more

CONTINUE READING →

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21 March 2023

See how JMBM’s Global Hospitality Group® can help you.
Click here for the latest articles on Data Technology, Privacy & Security.

Data privacy and security continue to be significant issues for hotel owners, operators, brands, and managers, representing the potential for both financial and reputational impacts. One important piece of the puzzle is which of the many entities involved in a hotel property is responsible for collecting, sharing, using and storing the personal data of guests and employees.  Bob Braun, senior member of JMBM’s Global Hospitality Group® and Co-Chair of the Firm’s Cybersecurity & Privacy Group, gives an overview of current considerations.

 

 

Data Security and Privacy in Hospitality – Who’s Paying the Bill?
by Robert Braun, Co-Chair, JMBM Cybersecurity and Privacy Group;
Senior Member, JMBM Global Hospitality Group

 

One of the most valuable assets of a hotel brand is information – detailed personal information about guests at their hotels, participants in their loyalty programs, and visitors to their websites. This information allows hotel brands to focus on creating guest loyalty, acquiring potential guests, engaging in effective marketing, expanding market share, and creating properties and services that entice and satisfy hotel guests. Because of this, hotel brands have long contended that they “own” hotel guest data and have unencumbered rights to use it, without respect to the interests of hotel owners and even the guests themselves.

While this attitude may have been correct in the past, the world is changing. The EU’s General Data Protection Regulation, the California Consumer Protection Act, the California Privacy Rights Act, and similar laws throughout the United States and the world have turned this idea on its head. Anyone who collects personal data can do so only with the permission of the individual consumer; brands don’t own the personal information of guests, the guests do, and they are the ones who give the operator, brand or owner the right to collect and use it – and they can limit or revoke that right. CONTINUE READING →

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14 March 2023

See how JMBM’s Global Hospitality Group® can help you.
Click here for the latest articles on C-PACE Financing.

The Global Hospitality Group of Jeffer Mangels Butler & Mitchell LLP (JMBM) is pleased to announce the completion of $172 million in C-PACE (Commercial Property Assessed Clean Energy) financing transactions for the year 2022. This total includes over $97 million in hotels and condos, more than $58 million in multifamily, and $16 million in senior living facilities.

C-PACE is a low-cost, nonrecourse financing that creates a lien on the real property and is repaid through property taxes. It first emerged as a technique for funding energy-efficiency improvements and has developed into a widely-accepted and practical solution to financing new construction and improvements across all real estate classes.

C-PACE has remained an available and attractive option for financing new construction projects as more traditional financing has been negatively impacted by rising interest rates and the current economic environment. Led by Partner David A. Sudeck, the Group counsels lenders in these transactions and represents some of the leading names in PACE financing. Since 2020, David and his team have been involved in over $400 million in C-PACE loans. CONTINUE READING →

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22 February 2023

See how JMBM’s Global Hospitality Group® can help you.
Click here for the latest on labor and employment guidance.

A three-judge panel of the Ninth Circuit held on February 15, 2023, that the Federal Arbitration Act preempts a California law designed to prevent employers from requiring workers to sign mandatory arbitration agreements. This decision is consistent with a long line of State and Federal cases, and is expected to have a significant impact on employment practices in the state, including hotels and everyone in the hospitality industry.

Appeals court blocks California bar
on mandatory arbitration for workers


by JMBM’s Labor & Employment Group

On February 15, 2023, a federal appeals court blocked a California law that prohibited employers from requiring their workers to resolve legal disputes in private arbitration.

A three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco in a 2-1 decision held that the law cannot be enforced because it conflicts with federal arbitration law. This ruling hands an important victory to business groups and employers across the state. CONTINUE READING →

Published on:

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16 February 2023

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

We’re excited to announce that Meet the Money®, the national hotel finance and investment conference, is back on May 1-3, 2023, for its 30th year! Join us for three days of deal-making, networking, and high-level presentations at the Hyatt Regency LAX in Los Angeles, California.

Meet the Money is the Goldilocks of hospitality industry conferences – big enough to attract the executives and leaders you want to meet with, and small enough to create a friendly and approachable environment for one-on-one networking between speakers, sponsors and attendees.

Our goal at Meet the Money is to connect you with the people you want to do business with, whether you’re a hotel owner, developer, investor, advisor, brand, lender, or other capital source. We gather hotel industry thought-leaders to provide you with the insights, analysis, and forecasts that will help you plan for success. Our sponsors, speakers and attendees are some of the best-known names in the industry; will you seize the opportunity to see where these connections can take you?

Registration

Registration is now open! You can snag your spot at Meet the Money here.

You can also join our mailing list to get updates on our program, speakers, and accomodations.

Conference FAQs

Is Meet the Money for you? We think it is! Here’s some useful information help you decide.

Who attends Meet the Money?
Our attendees are hotel owners, developers, investors, lenders, operators, advisors, consultants, brands, lenders and other capital providers.

What makes our conference different?
Meet the Money is a hospitality industry conference focused on bringing industry leaders together to make deals and connections. It’s a productive, exciting environment for one-on-one networking between speakers, sponsors and attendees.

How much is registration?
Registration for Meet the Money 2023 is $1,150 per attendee.

What does registration include?
Registration includes:

    • All general sessions, special presentations and networking events during the three-day conference, including our Monday afternoon Investment Boot Camp
    • All conference materials, with attendee list provided on-site
    • Tuesday night’s Grand Welcome Reception
    • Meals during the program on Tuesday and Wednesday

What’s on this year’s program?
A full agenda of general session panels and special presentations will be available on MeetTheMoney.com soon; right now, you can take a look at our overview to get a sense of each day’s schedule. Stay tuned for updates on speakers and panel topics!

Who do I contact if I have questions, or if I’m interested in speaking or sponsoring?
Please reach out to Doreen Filice Gabel, DFilice@jmbm.com.

About Meet the Money®

For 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. For updates and more information, visit www.MeetTheMoney.com.

Picture of Jim ButlerThis 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

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23 January 2023

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

The Global Hospitality Group® of Jeffer Mangels Butler & Mitchell LLP (JMBM) is pleased to announce publication of the 5th edition of The HMA & Franchise Agreement Handbook, a guide for hotel owners, developers, investors and operators considering a hotel management agreement (HMA) or franchise agreement, or dealing with the challenges of termination of one.

Co-authored by JMBM’s Global Hospitality Group® Chairman, Jim Butler, senior Group member Robert E. Braun and Mark S. Adams, the 5th edition of The Handbook includes an updated section on why long-term management and franchise agreements may now be terminable, with all-new material exploring historic changes to Maryland law that may affect these contracts on hotels across the country.

The new edition features commentary from two faculty members at Cornell University’s Nolan School of Hotel Administration; an overview by Chekitan S. Dev, the Singapore Tourism Distinguished Professor, and a Foreword by Jan A. deRoos, HVS Professor of Hotel Finance and Real Estate Emeritus. “The authors’ objective of providing the keys for ‘breaking the code’ to HMAs and franchise agreements is fully realized,” writes deRoos. “The work is revised and updated with an understanding that the great questions never change, but the answers do.” CONTINUE READING →

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09 December 2022

See how JMBM’s Global Hospitality Group® can help you.
Click here for the latest articles on Outlook and Trends.

Last month Los Angeles voters approved Measure ULA, imposing a new tax on all real property sales or transfers over $5 million. This will affect all parties involved in a real property transaction, and it is important to understand the implications of the measure before negotiating on a new project. My colleague David Tabibian, partner in JMBM’s Real Estate Department and Global Hospitality Group®, explains the initiative and its potential impact below.

Measure ULA Approved: New Transfer Tax on All Real Property Sales Over $5 Million in the City of Los Angeles

by
David Tabibian

In an effort to combat the homelessness crisis, Measure ULA (aka the “Homelessness and Housing Solutions Tax”) was recently approved by voters in the City of Los Angeles on November 8, 2022. The measure imposes a very significant increase in transfer taxes on certain real property sales within the City of Los Angeles, which will have far-reaching impacts throughout the real estate market. It is anticipated that the new tax will generate approximately $600 million to $1.1 billion annually in order to fund affordable housing and tenant assistance programs administered by the Los Angeles Housing Department. Given the high cost of this new tax, it is important that buyers, sellers and developers fully understand its implications.

What Does Measure ULA Do?

Although commonly referred to as the “mansion tax,” it is actually much broader in scope since it applies to all real property asset classes, including residential and commercial properties as well as vacant land. In fact, many industry experts anticipate much of the revenue generated from Measure ULA will instead come from sales of apartment buildings and commercial properties as opposed to sales of mansions.

Currently, unless a specific tax exemption applies, all transfers of real property, regardless of value, are subject to a documentary transfer tax from both the City of Los Angeles and the County of Los Angeles at a combined rate of $5.60 per $1,000 of consideration. Simply put, it is a 0.56% tax on the consideration received and is collected at the time of closing.

Under the new measure, however, sales of residential and commercial real property valued at over $5 million but less than $10 million would be subject to an additional transfer tax at the rate of 4%, and sales of real property valued at $10 million or more would instead be subject to an additional tax at the rate of 5.5%. In contrast to the existing documentary transfer tax, the value of the property for purposes of the measure will include the value of any lien or encumbrance remaining on the property when it is sold so that the tax is on the gross value, not just the consideration received. Moreover, the tax would be due regardless of whether it is being sold at a gain or a loss. The thresholds under the measure will be adjusted each year for inflation. Although Measure ULA will become law on January 1, 2023, it applies to property sales occurring on or after April 1, 2023. CONTINUE READING →

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23 November 2022

See how JMBM’s Global Hospitality Group® can help you.
Click here for the latest articles on Outlook and Trends.

Effective January 1, 2024, companies will have to report their beneficial owners to the U.S. Department of the Treasury’s Financial Crimes Enforcement Network as part of the updated Corporate Transparency Act of 2021 (CTA) rules. Unless they are exempt under the CTA, businesses that fail to submit this information may be faced with steep civil or criminal penalties. Vince Farhat and Alan Azar of JMBM’s White Collar Defense and Investigations Group have written an article explaining CTA’s new reporting requirements and how to comply with them below.

FinCEN Issues Final Rule for CTA’s Beneficial Owners Reporting Requirements

by
Vince Farhat and Alan Azar
JMBM’s White Collar Defense & Investigations Group

Congress passed the Corporate Transparency Act of 2021 (CTA) as part of the Anti-Money Laundering Act of 2020 (AMLA) included in the National Defense Authorization Act (NDAA). The CTA created a beneficial ownership registry within the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN). On September 29, 2022, FinCEN issued a final rule implementing the beneficial ownership information (BOI) reporting requirement of the CTA, which will go into effect on January 1, 2024. Reporting companies created or registered before January 1, 2024 will have one year to file their initial reports, whereas reporting companies created or registered on or after January 1, 2024, will have 30 days after receiving notice of their creation or registration to file their initial reports.

Unless they are exempt under the CTA, companies will be required to submit information to FinCEN on their beneficial owners or face the prospect of civil and criminal penalties if they fail to comply. FinCEN estimates that most of the 32 million companies anticipated to be subject to the Final Rule will be small businesses, single-owner LLCs, or other types of business entities with four or fewer beneficial owners. The overall compliance costs could reach $22.8 billion for the first year and $5.65 billion annually after that.[1]

AMLA Background

The NDAA took center-stage when former President Trump vetoed the bill in 2021, taking issue with the bill’s failure to repeal Section 230 of the Communications Decency Act. Following a veto override, however, the NDAA became law, marking the 59th consecutive year in which some form of the NDAA has been passed. This Section 230 scuffle diverted attention away from the AMLA, a separately named Act within the NDAA. The AMLA represented the most significant reform to anti-money laundering laws in two decades, since the 2001 USA PATRIOT Act. CONTINUE READING →

Contact Information
Jim Butler, Chairman
Global Hospitality Group®
Jeffer Mangels Butler & Mitchell LLP
(310) 201-3526 • jbutler@jmbm.com
www.HotelLawyer.com

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