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Hotel Lawyers -- featured subjects and articles
Meet the Money® 2014

ADA defense and compliance

EB-5 financing

Workouts, bankruptcies & receiverships

Hotel Management Agreements

Hotel Franchise & License Agreements

Hotel industry trends

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:

03 May 2010

The Lenders Handbook for Troubled Hotels
Lenders, special servicers, investors and receivers!

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Are you aware of the full range of alternative strategies for dealing with troubled hotels? Does your lawyer provide you with analytical tools to help you identify, evaluate and select from a full range of options? Do you know how to recognize the crucial points where the wrong decision can give away more than half the value of a hotel?

We cover these critical issues — and much more — in our new, comprehensive, 98-page book, The Lenders Handbook for Troubled Hotels. Distilled from experts who have more than 1,000 bankruptcies, receiverships and workouts under their belts and more than 20 years of experience, you will find the handbook useful as a permanent resource that you can refer to time and again.

And you can get your copy for FREE! (see download link below)

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Published on:

28 April 2010

Keywords:

Hotel Operating Agreement, HOA, Hotel Management Agreement, HMA, Hotel Management Contract, Management Contract. Hotel Operator, Hotel Manager, Hotel Owner. RFP for Hotel Manager. RFP for Hotel Operator, How to get a great hotel operator.

Terminology

Contracts between hotel owners and managers (or operators) controlling the management of a hotel go by various names. They are called hotel management agreements, HMAs, hotel management contracts or hotel operating agreements. For convenient reference, this article will generally use the term “Hotel Management Agreement” or “HMA.” However all these terms can be used interchangeably and mean the same thing, just as with hotel operator or hotel manager.

Whatever they are called, Hotel Management Agreements allocate risk between the hotel manager and the hotel owner. They are critical in determining the profitability and value of a hotel.

Hotel Management Agreement disputes are on the rise! The recent announcement about Banyan Tree Hotels & Resorts terminating its management contract at Banyan Tree Al Areen resort in Bahrain are amongst the latest proof of this trend

Hotel management agreements are a key factor in the success and value of a hotel — getting the right operator and a fair hotel management contract. And articles on hotel management contracts are some of the most frequently viewed items on www.HotelLawBlog.com. We have a rich library of resources on this topic – everything from “How to get a great hotel operator” and “ Helping Owners Strike a Fair Deal: 5 Milestones Marking The Road To Success For Hotel Management Agreements” to “How to terminate a hotel management agreement when an operator really deserves it!” or “Terminating hotel management agreements when things don’t work?.
A version of this article was first published on 28 April 2010 by Hotel Management Asia, a Questex Asia Ltd. publication, under the title, “Comment: Jim Butler on Hotel Management Agreements.”

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Published on:

27 April 2010

Hotel Lawyer with the “last call” to join the Game Changers at Meet the Money®

Meet the Money® is next week, May 3-5, 2010 at the Sheraton Gateway LAX hotel. Although our room block has sold out completely, the hotel has graciously extended our preferred conference room rate until April 30. There is still time to register for this “can’t miss” event.

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Published on:

24 April 2010

Hotel Lawyer with some advice for investors in distressed notes and receivables involving timeshares, fractionals and vacation clubs. How to buy vacation ownership notes and receivables.

One of the most profitable endeavors for savvy lenders has been acquisition and development loans and consumer receivable financing for vacation ownership projects — timeshare, fractional and vacation club projects. For various reasons that have little to do with the continuing sound fundamentals and continuing consumer demand for such project, the biggest lenders in this area have essentially stopped lending to deal with their other problems. And recently, some opportunistic investors have sought our advice on some potentially exciting loans being sold at a fair discount.

Due diligence is the caveat. (See What have we learned from “The Crash of 2008”? There are no shortcuts for due diligence! There is great opportunity here, but also significant risk that can be ferreted out and analyzed to provide great confidence about the investment. In this article, my colleague and timeshare lawyer David Sudeck, a senior member of JMBM’s Global Hospitality Group®, shares some of his insights on this subject.

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Published on:

22 April 2010

Hotel Lawyer with an update on successful Asian investor strategy

A number of years ago, JMBM’s Global Hospitality Group® trademarked Global Hospitality Advisor® to reflect both the global and advisory nature of our focused hospitality practice. We are very proud to use it today with reference to Formosa International, a client we represented in signing a definitive agreement for the acquisition of worldwide rights to the Regent brand and hotel business.

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Published on:

28 March 2010

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

ADA Counsel with pragmatic advice: What does the ADA require hotel owners and managers to do for their disabled guests?

Hoteliers can face certain extreme situations that are not addressed in plain language of Title III of the Americans with Disabilities Act (ADA). In relevant part, it provides that, among other requirements, places of “public accommodation” must provide certain “auxiliary aides and services”. In these unusual cases, the counsel of an experienced ADA lawyer like Marty Orlick, a senior member of JMBM’s Global Hospitality Group®, is invaluable. He has helped numerous hotels and restaurant clients establish compliance with all aspects of the ADA and resolve more than 300 ADA claims.

Today, Marty provides some very practical advice on dealing with exceptional situations with disabled guests.

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Published on:

25 February 2010

Please see “troubled hotel loans – workouts, bankruptcies & receiverships” for the latest articles on troubled hotels.

CMBS loan delinquencies — a problem growing every month at a staggering rate.

According to the Monthly Delinquency Report issued by Realpoint a few days ago, the total outstanding amount of CMBS (Commercial Mortgage Backed Securities) tracked by that firm is almost $800 billion, of which approximately $46 billion was delinquent in January 2010.

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Published on:

22 February 2010

Under the Bush Administration, the Department of Justice issued proposed modifications to the ADA regulations that would increase the obligations of certain commercial property owners and operators under the ADA Accessibility Guidelines and include time share developments within the definition of “public accommodations.” These amendments, if passed in their current proposed form, may impose significant burden on an industry that cannot realistically comply with certain operating requirements meant to ensure accessibility within the transient hospitality world. This at a time when time share is already hurting.

After President Obama was elected, the proposed modifications were placed on hold. We expect that before the modifications to the ADA are passed, the Department of Justice will issue a Notice of Proposed Rule Making and open another comment period. This may occur soon, so you should get and stay informed about the proposed modifications now before you need to comply with new burdensome regulations.

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Published on:

07 February 2010

Please see “troubled hotel loans – workouts, bankruptcies & receiverships” for the latest articles on troubled hotels.
Hotel Lawyer with tips for lenders on defaulted California mortgages. California now leads the nation in defaulted mortgages for hotels and commercial real estate. As lenders start to review their options, they must formulate asset plans that will avoid violating California’s tricky one action and anti-deficiency rules, or they may be in for some nasty surprises.

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Published on:

1 February 2010

Please see “troubled hotel loans – workouts, bankruptcies & receiverships” for the latest articles on troubled hotels.

Hotel Lawyers with grim reports from the field. If lenders are looking for some encouraging news on their distressed hotel asset sales prospects, they are not going to get it anytime soon. That is what the Atlas 2009 Year End Hotel Survey shows, but it does offer some valuable tips for dealing with continued distress in 2010.

Here is an executive summary.

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