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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 October 2023

See how JMBM’s Global Hospitality Group® can help you.
Click here for the latest articles on EB-5 Financing.

JMBM is pleased to announce that partners Jim Butler, Catherine DeBono Holmes and David Sudeck have been named to EB5 Investors Magazine’s “Top 15 Corporate and Securities Attorneys” list for 2023.

Jim Butler authors the Hotel Law Blog and chairs JMBM’s Global Hospitality Group®, which provides business and legal advice to hotel owners, developers and commercial real estate investors. Jim’s team has provided clients with global business and legal advice on more than 4,700 hotels worth more than $125 billion. This advice includes both traditional and specialty financing like C-PACE and EB-5. JMBM’s team has closed more than $1.5 billion of EB-5 funding, and often helps clients source financing. Jim serves on the Public Policy Committee of the IIUSA (the EB-5 industry’s trade group for regional centers), and since 2015, he has been named one of the Top 25 EB-5 lawyers in the country.

Catherine DeBono Holmes is the chair of JMBM’s Investment Capital Law Group, and she has practiced law at JMBM for over 40 years. She helps real estate developers and business owners, brokers, investment advisers and investment managers raise and manage investment capital from U.S. and non-U.S. investors. Cathy has represented hundreds of EB-5 offering sponsors and real estate developers to obtain financing through the EB-5 immigrant investor visa program for the development of hotels, multi-family, assisted living and mixed use developments throughout the U.S. She also represents private investment fund managers, registered securities broker-dealers and investment advisers on securities offerings, business transactions and regulatory compliance issues. For the last five years, Cathy has been named as one of the top 25 securities lawyers in the country by EB5 Investors magazine. She also authors JMBM’s Investment Law Blog.

David A. Sudeck is a senior member of JMBM’s Global Hospitality Group® and JMBM’s Real Estate Department. His practice primarily involves the complex issues associated with hotels, resorts, vacation ownership properties, restaurants, golf courses and spas. David represents owners in the purchase and sale, development, construction, financing, leasing, and sale-leaseback of properties, and advises them on their branding and management agreements, including hotel management and franchise agreements. He has helped hotel developers source over $1 billion of EB-5 financing. David has significant experience in real estate finance and represents several financial institutions and EB-5 lenders as a special counsel to their hospitality interests. He is a frequent author on the Hotel Law Blog.

Read the Top 25 issue of EB5 Investors Magazine here. CONTINUE READING →

Published on:

28 July 2023

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

This month, the Securities and Exchange Commission (SEC) announced new rules requiring companies who experience a cybersecurity attack to publicly disclose the impact of the attack within four days. Hotel companies whose securities are registered with the SEC should take note of these regulations and develop a robust incident response plan.

Bob Braun, senior member of JMBM’s Global Hospitality Group® and Co-Chair of the Firm’s Cybersecurity & Privacy Group, outlines the new regulations below.

Time is Short – Reporting your Data Breach
by Bob Braun, Hotel Lawyer

 

Over the past years, hotel companies – including brands, managers and owners – have increasingly sought the benefit of access to public markets and, in doing so, have become subject to the registration and disclosure requirements of the United States Securities Act and Securities Exchange Act. In doing so, these companies need to comply with a broad variety of detailed regulations addressing their disclosure and reporting obligations. The Securities Exchange Commission recently adopted regulations which will have an impact on publicly traded hotel companies that suffer a data breach.

Breach Notifications for the Past 20 Years. Ever since California became the first state to require companies to notify their customers of data breaches in 2003, the time between the date a breach was discovered and the time the breach was reported has been an issue of contention. Early reporting gives consumers a leg up in protecting their personal information, and lets investors, vendors and customers of companies know if key business information has been compromised. At the same time, companies want as much time as possible to investigate a breach, understand what happened, and provide accurate information – companies that give early notice often have to give multiple notices as more information becomes available, and may even find that the original notice wasn’t necessary. Regardless, lawsuits against companies that have suffered data breaches almost universally point to the gap in time between the discovery and notification of a breach. CONTINUE READING →

Published on:

25 July 2023

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

Earlier this week, the Global Hospitality Group® co-hosted a breakfast briefing in Los Angeles with CREDE, a leading real estate development and project management firm. The program focused on how hotel owners and developers can reduce their cost of capital and costs of construction while filling in gaps in their capital stack through a few critical construction management techniques and exploitation of both traditional and alternative financing options.

Luigi Major, Managing Director of HVS, opened the program with an economic overview, providing an inspiring update on the state of the industry. His data shows depressed urban markets like San Francisco and San Jose are now enjoying double digit RevPAR growth, and some formerly red-hot leisure markets such as Santa Barbara have softened (-24% RevPAR growth). Business travel continues to get stronger and leisure travel is slowing. Cap rates are rising, but only by 40-90 basis points, which is modest compared to the interest rate environment. Luigi believes this is due to hotels coming into favor as a class of real estate. CONTINUE READING →

Published on:

16 May 2023

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

The Meet the Money® 2023 conference wrapped up earlier this month, after 3 days of informative panel discussions exploring opportunities, challenges, and trends in the hospitality industry. The summaries below outline discussions our experts and executives presented to an audience of hotel owners, developers, investors, lenders and operators.

Interested in attending next year? We’ll be hosting the conference in Los Angeles May 6-8, 2024. Join our mailing list for announcements and other information.

General Session #1: C-Suite

Moderator Eric Danziger of Resolute Road Hospitality led a discussion with top executives from Peachtree Hotel Group, Mission Hill Hospitality, The LCP Group, Pacifica Hotels and NewcrestImage.

Panelists began by discussing their approaches to recovery after the pandemic, including allocating more capital to hospitality properties to keep valuations up, planning for a recession, anticipating changing “new norms” in the workplace, finding opportunities in credit, and predicting shifts in markets to new cities. They also explored alternate hospitality experiences such as luxury recreational vehicle sites (like AutoCamp), new options presented by advances in technology, and how their relationship with brands has evolved over the last few years. CONTINUE READING →

Published on:

15 May 2023

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

The Americans with Disability Act (ADA) is an important piece of legislation guaranteeing equal access to public facilities to the nearly 60 million people with disabilities in the US today. Stuart Tubis, a partner in JMBM’s ADA Compliance and Defense practice, recently presented on why accessibility legislation is something all business owners should be aware of, and how many lawsuits have shifted focus to online spaces instead of brick-and-mortar locations.

Hotels in particular must be familiar with the requirements of the ADA in order to accommodate the needs of disabled guests on their properties. Unlike building codes or other laws governing public spaces, the ADA is enforced by lawsuits brought by individuals who feel their access to a public business or building is not adequate or equal.

Accessibility lawsuits have risen significantly over the last 10 years:

A graph showing the rise in number of ADA Title III Fenderal Lawsuits filed each year since 2013

Remedies for noncompliance can be significant, including court orders to remove barriers, attorneys’ fees to prevailing plaintiffs, and, in California, statutory damages of $4,000 per visit.

Website accessibility lawsuits have risen steadily in the last few years; these are suits alleging that a business’ website does not comply with ADA guidelines for disabled users. Courts have interpreted the ADA as requiring accessibility online, but as of yet there are no official standards.

A chart showing the rise in website accessibility litigation from 2017 to 2022

Hotels depend on their online presence to drive reservations, and should be sure their websites are compliant – both to accommodate disabled guests and to avoid becoming a target of litigation. Stuart’s full presentation is available for download here.


Stuart K. TubisStuart K. Tubis is a partner attorney at Jeffer Mangels Butler & Mitchell LLP and a member of JMBM’s ADA Compliance & Defense Group. Stu counsels businesses and landlords on the full spectrum of ADA compliance issues and represents their interests in litigation and Department of Justice investigations. He has a background in technology, which helps in resolving the growing area of website accessibility issues. Contact Stuart K. Tubis at 415.984.9622 or SKT@jmbm.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

Published on:

11 May 2023

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

JMBM’s Global Hospitality Group® hosted the 30th edition of Meet the Money® national hotel conference on May 1-3, 2023. Alongside investment boot camps and insightful discussion panels, the conference featured several exciting special presentations interpreting the latest data and industry sector highlights. In Part 4 of this blog series, we highlight the special presentations given by Mike Cahill and Paul Single.

Mike Cahill, CEO and Founder of Hospitality Real Estate Advisors (HREC) presented the Lodging Industry Investment Counsel (LIIC) Top Ten on Tuesday, May 2nd. The Top Ten reveals the challenges and investment trends identified through an annual survey of LIIC members. The survey covers topics such as the impact of inflation, investment performance, and the future of hotel development.

As part of the survey, members were asked to identify the best markets for investment. Many chose cities in Florida, Arizona, Colorado and Massachusetts. CONTINUE READING →

Published on:

10 May 2023

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

JMBM’s Global Hospitality Group® recently hosted the 30th edition of Meet the Money® national hotel conference. Alongside investment boot camps and insightful discussion panels, the conference featured several exciting special presentations interpreting the latest data and industry sector highlights. In Part 3 of this blog series, we highlight the special presentations given by Warren G. Feldman and Alan X. Reay.

Warren G. Feldman, CEO of Nehmer, began the second day of special presentations with a preview of the International Society of Hospitality Consultants (ISHC)’s CapEx study on the total capital costs of owning hotels. Feldman is an ISHC member who worked on the fourth revision of the ISHC study, which analyzed hotel industry revenue from the year 2000 to the present day, and compared proportions of capital spending and repairs & maintenance for each.

The report broke down capital expenditure as a percentage of total revenue by different hotel segments, including full-service, select-service and extended-stay. CONTINUE READING →

Published on:

9 May 2023

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

JMBM’s Global Hospitality Group®  hosted the 30th edition of Meet the Money® national hotel conference on May 1-3, 2023. Alongside investment boot camps and insightful discussion panels, the conference featured several exciting special presentations interpreting the latest data and industry sector highlights. In Part 2 of this blog series, we highlight the special presentations given by Romy Bhojwani and Ryan Meliker.

Romy Bhojwani, Director, Hospitality Market Analytics of CoStar Group, continued the first day of presentations with an examination of new trends in lodging industry fundamentals. He described strong and growing demand, with some weakness in luxury ADR.

Bhojwani expects a mild recession in the second half of 2023, but predicts that the travel industry will remain largely unaffected due to the prioritization of travel for households and hybrid work driving new sources of hotel demand. CONTINUE READING →

Published on:

8 May 2023

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

JMBM’s Global Hospitality Group® recently hosted the 30th edition of Meet the Money® national hotel conference. Alongside investment boot camps and insightful discussion panels, the conference featured several exciting special presentations interpreting the latest data and industry sector highlights.

Lodging Industry SWOT Analysis

Daniel Lesser, President & CEO of LW Hospitality Advisors, kicked things off with a SWOT (strengths, weaknesses, opportunities and threats) analysis of the U.S. lodging industry in 2023.

Some of the notable strengths and opportunities discussed were the strong uptick in demand for travel both domestically and internationally, the availability of refinancing, acquisition and construction financing proceeds, innovative new offerings for consumers and a market prime for investment. Weaknesses and threats included difficulty securing financing, increasing operating costs and supply chain issues, visa backlogs and economic uncertainty.

The slides below demonstrate the promising airline passenger volume which may provide increased opportunities for hotels, and the potential for innovation within the industry. CONTINUE READING →

Published on:

4 May 2023

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

The 30th edition of Meet the Money® 2023 national hotel finance and investment conference was held May 1 – 3, 2023 at the Hyatt Regency LAX. Some very insightful and informative presentations were made at the conference about the national economy, the national and California hotel markets, the latest version of the ISHC’s CapEx study, the Lodging Industry Investment Council’s Top 10, and three different views of the lodging industry’s performance and prospects.

To download these free presentations, please go to www.hotellawyer.com, click on the RESOURCE tab of the website, and then scroll down and select “Hotel Industry Publications.”

Or you can just click here to get the following presentations from the Meet the Money® conference: CONTINUE READING →

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