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Hotel Lawyers -- featured subjects and articles
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ADA defense and compliance

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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:

Hotel Lawyers | Authors of www.HotelLawBlog.com
30 June 2010

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

 

Hotel ADA defense lawyer looking beyond the latest update on ADA “sweeps” by the Department of Justice coming to Portland, San Francisco and elsewhere.

As we wrote earlier, the U.S. Department of Justice (DOJ) is continuing its program of in-depth investigations of hotels to determine whether they comply with the Americans with Disabilities Act or ADA. The investigations are called “sweeps” because they target all hotels in a given geographic area. There is also some basis to believe that the sweeps may now also focus on certain industries such as hotels, restaurants and other places of public accommodation.

There is a lot of valuable information on Hotel Law Blog about ADA Defense matters. Just go to the top of the Blog home page, click the “Hotel Law Topics” tab, and then select the first item named “ADA Defense.” You will see all the articles on this subject organized in reverse chronological order.

Although the sweeps sound an immediate call to action in the targeted areas and industries, there are broader implications that we will talk about today.

CONTINUE READING →

Published on:

28 June 2010

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

Hotel ADA defense lawyer with the latest update on ADA “sweeps” by the Department of Justice coming to Portland, San Francisco and elsewhere.

We discussed in earlier blogs that the DOJ is conducting in-depth investigations of hotels to determine whether they comply with the Americans with Disabilities Act or ADA. The investigations are called “sweeps” because they typically target all hotels in a given geographic area. One of the first notable ADA sweeps hit all the hotels in Manhattan’s Theater District, where we actively assisted clients.

A few days ago, we were contacted by a hotel in Portland, Oregon that had just received an investigative survey from DOJ. It appears that a similar sweep operation is being initiated there. We have also received information indicating that an ADA sweep might hit San Francisco in the near future.

Here is what you need to know about the sweeps, how they can affect you, and what you need to do.

CONTINUE READING →

Published on:

25 June 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 Lawyer with hotel management agreement performance standard to take care of Owner’s concerns. With experience gained in negotiating, re-negotiating, litigating, arbitrating and advising on more than 1,000 hotel management agreements and more than $87 billion of hotel transactions, the members of JMBM’s Global Hospitality Group® wanted to share some lessons learned on the subject. They are all available at www.HotelLawBlog.com.

To see the rich library of materials on Hotel Management Agreements, you can click here: Hotel Management Agreements ( https://hotellaw.jmbm.com/management_and_franchise_agree/). Or you can just do a GOOGLE search on “hotel management agreements” and you will see it near the top of the search.

CONTINUE READING →

Published on:

23 June 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 Lawyer with more on HMA performance standards — the typical Operator clause. This article is one of a series of articles focusing on Hotel Management Agreements or HMAs as they are often called. If you have missed some of the extensive ground covered here before, stop by www.HotelLawBlog.com, particularly at Hotel Management Agreements.

In the last article, we talked about Hotel Management Agreement performance standards and why they matter. Today, we will analyze a typical Operator form of performance standard, and later we will look at a model better suited to an Owner’s interests.

CONTINUE READING →

Published on:

21 June 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 Lawyer with some practical tips on hotel management contract performance standards. Interest has recently spiked in getting new hotel management agreements (HMAs) or re-negotiating existing ones. It seems that some investors buying distressed properties are looking to rebrand and get new hotel operators. Some lenders are too as they take over troubled assets.

That makes this seem like a good time to remind everyone about the wealth of information on this subject at www.HotelLawBlog.com, particularly at Hotel Management Agreements.

CONTINUE READING →

Published on:

22 June 2010

Hotel Lawyer with some tips for hotel lenders so they can take advantage of higher yielding loans with less risk.

This article will focus on 8 pitfalls of hotel lending – the special traps that hotel lending presents beyond all the typical considerations of traditional real estate lending – and how to avoid them. These are hotel-specific structuring, documentation and legal issues that can really snare the unwary lender.

CONTINUE READING →

Published on:

20 June 2010

Hotel Lawyer with lessons from the past on why hotel lending is different and the things you should know.

Hotel lending is different from any other kind of real estate lending . . . because hotels are different from every other class of real estate. These differences are key to understanding why hotel lending is different than lending on any other class of real estate.

CONTINUE READING →

Published on:

18 June 2010

Hotel Lawyer with lessons from the past on why this is the best time to be lending on hotels

Having recently assisted 3 major lenders design their hotel lending programs and hotel loan documentation, the hotel lawyers in JMBM’s Global Hospitality Group® believe that now is the best time for hotel lending in 20 years. My partner, Guy Maisnik, and I thought you might like to know why we believe this is true. So, here’s why.

CONTINUE READING →

Published on:

15 June 2010

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

Hotel ADA defense lawyer alert. LA judge sanctions ADA plaintiff and his lawyer.

Finally, there is a promising new development in California for beleaguered owners of hotels, restaurants and other commercial real estate. An ADA plaintiff and his lawyer were recently sanctioned for lack of merit and failure to perform due diligence prior to filing a lawsuit.

CONTINUE READING →

Published on:

04 June 2010

Hotel lawyers with insights on how some development deals are still getting done: Public-Private Financing for Hotel Developments

To view presentations made by the experts, see the easy download links.

Hotel lawyer Catherine Holmes, one of our public-private hotel financing specialists in JMBM’s Global Hospitality Group® has represented cities and other governmental entities in several public-private partnership hotel development and convention center hotel deals, such as the recent transactions with the City of Dallas and the Redevelopment Agency of the City of Riverside.
Cathy recently moderated a panel on the topic of public-private financing for hotel development in Los Angeles with some of the top experts in the field. Here is a summary of what they told us.

CONTINUE READING →

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