Hotel Law Blog

Published on: October 21, 2008

Hospitality Lawyer: The 5 biggest misconceptions about Condo Hotels

By Jim Butler and the Global Hospitality Group®

21 October 2008

Click here for the latest articles on Condo Hotels

Hospitality Lawyer on Condo Hotels. Do they work? Are they viable? What are the 5 biggest misconceptions about Condo Hotels?

“Condo Hotels” — they are a subject the media “loves to hate.” Everyone has an opinion about them — whether they know anything about them or not. JMBM’s Global Hospitality Group® has worked on more than 100 hotel mixed-use projects in the last 5 years alone, most of them involving condo hotels or hotel condos. Funny. Almost all the ones JMBM’s hotel lawyers work on really “work” and don’t make the headlines.

So with all the critical (and often uninformed) press lately, it was really great to see Brent Howie of Provident Hotels & Resorts — one of the 30-year veterans of the condo hotel industry — write a “no nonsense” article de-bunking the 5 biggest myths about condo hotels. I thought I would share it with you and lend our endorsement to its theme (and to the kind of support Brent gives these projects). Brent Howie can be reached at 727-726-4770 or bhowie@prov.com.

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Published on: October 15, 2008

Hotel & Timeshare Lawyer Joins JMBM’s Global Hospitality Group® team

By Jim Butler and the Global Hospitality Group®

15 October 2008

The Hospitality Lawyers at JMBM enthusiastically welcome David Sudeck as a new Senior Member of the Global Hospitality Group® focusing on timeshare and fractional projects. This is one of the strongest segments of the hospitality industry that keeps on going, so we are very happy to have David Sudeck to take responsibility for this area of our practice. Here is the press release that says it all . . .

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Published on: October 13, 2008

Hospitality Attorney on the current financial “Turbulence” and forced partial nationalization of 9 U.S. banks.

By Jim Butler and the Global Hospitality Group®

13 October 2008

Hospitality Lawyer with the latest update on the Financial Crisis or “Turbulence.”
A few days ago, some were calling the Dow’s 2,400 point collapse in 8 days a “crash” but others insisted that a “crash” requires a drop of 20% or more in a single day or two days. Therefore, they call the recent collapse in stock indexes a “cascading crash” or a “slow motion crash.” It was pretty fast for most of us, with a 1,000 point swing between high and low on Friday (October 10) — the first time that has happened in its 12-year history.

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Published on: October 8, 2008

Hospitality Lawyer in Miami at the HHOA Inaugural Convention. What energy! What focus! ¡Que Fabuloso!

By Jim Butler and the Global Hospitality Group®

8 October 2008

Hospitality Lawyer at the Hispanic Hotel Owners Association Inaugural Conference in Miami, Florida. WOW! Tonight was the opening of the Inaugural Annual Conference for the HHOA founded by Angela Gonzalez-Rowe. (See Hispanic Hotel Owners Association (HHOA) and Angela Gonzalez-Rowe talk with Hospitality Lawyer about HHOA’s exciting developments) This is a serious group of hotel investors, a focused gateway for the Hispanic community’s involvement in hotels, and a demographic segment that absolutely commands respect.

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Published on: October 3, 2008

Hospitality Lawyer: $700 billion bailout bill is now law! Warren Buffett insights on (1) Why the Bailout Bill had to pass, (2) The key to making the bailout work, and (3) How the Treasury can make a profit.

By Jim Butler and the Global Hospitality Group®

3 October 2008

Hospitality Lawyer with insights from Warren Buffett on the Financial Crisis that has created an “economic Pearl Harbor.” After the Senate passed the Bailout Bill, he talked about what it takes to win the war of Financial Recovery. Buffett’s common-sense insights on the $700 billion financial system rescue package are great. Let’s hope our Government listens to the compelling logic of how to make this bailout work . . . and how we will all make out better.

I hope the U.S. Treasury and Congress are listening . . .

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Published on: October 1, 2008

Hospitality Lawyer: Fortunes will be made . . . or lost . . . in the wake of The Financial Bailout Bill and the Panic of 2008. What happens AFTER the Bailout Bill . . .

By Jim Butler and the Global Hospitality Group®

01 October 2008

Hospitality Lawyers at JMBM don’t create economic cycles or events like the Panic of 2008, but we often help our clients and friends find the fortune-making deals or put a tourniquet on life threatening hemorrhaging for owners, developers, investors and lenders.

These times remind this hotel lawyer of some time-tested wisdom. Hetty Green, one of the world’s most successful investors who lived in the 19th century said, “Next to my children I love a good panic more than anything else.” And why would those words be relevant today? That is the penultimate question today at www.HotelLawBlog.com.

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Published on: September 28, 2008

Hospitality Lawyer with Outlooks and Predictions for U.S. Lodging Industry from The Phoenix Lodging Conference. PKF Consulting’s Mark Woodworth’s presentation.

By Jim Butler and the Global Hospitality Group®

28 September 2008

The Lodging Conference 2008 at the Arizona Biltmore. What impact will the “Panic of 2008” have on the hotel industry? Here’s the take by one Hospitality Lawyer.

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Published on: September 28, 2008

Agreement on Bailout Bill. The ”Emergency Economic Stabilization Act of 2008″ likely to pass. Sets up the “TARP” for the U.S. economy and the hospitality industry

By Jim Butler and the Global Hospitality Group®

28 September 2008

Hotel Lawyer: The Bailout Bill looks certain to pass. Hospitality Lawyer muses what it means to the world’s economy and the hospitality industry. . .

As of 7 pm, Sunday, September 28, 2008, it appears that all contingents have approved the largest financial bailout in U.S. history — a historic $7 billion which is more than the entire budget for 2009. Here is an early take on this situation from www.HotelLawBlog.com.

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Published on: September 27, 2008

Hospitality Lawyer’s take on The Panic of 2008. Financial Crisis impact on the Lodging Industry.

By Jim Butler and the Global Hospitality Group®

28 September 2008

The Panic of 2008 and the $700 billion “bailout” — now called TARP (Troubled Asset Relief Program) — are events of historic proportion. As one Hospitality Lawyer, here’s my take.

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Published on: September 24, 2008

Hospitality Lawyer: Pulse of the hotel industry from the Phoenix Lodging Conference. Where are we now? Where are we going?

By Jim Butler and the Global Hospitality Group®

25 September 2008

Hospitality Lawyer in Phoenix. The Lodging Conference 2008. Where are we now? Where are we going?

Let’s face it. Last week was essentially a financial panic in the United States — particularly in New York City. The biggest danger to pedestrians was investment bankers jumping out of windows or defaulting on their Rolls Royce payments. New York City’s financial crisis has rocked the world and the hospitality industry along with it. Here is the latest . . .

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Jim Butler

Jim Butler is recognized as one of the top hotel lawyers in the world. He devotes 100% of his practice to hospitality, representing hotel owners, developers and lenders. Jim leads JMBM’s Global Hospitality Group® — a team of seasoned professionals who have helped clients around the world with more than 4,700 hospitality properties worth more than $125 billion.
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Robert Braun

Robert Braun is a partner in JMBM's Corporate Department and a senior member of JMBM's Global Hospitality Group® -- a team of seasoned professionals who have helped clients around the world with more than 4,700 hospitality properties worth more than $125 billion. Bob represents owners in both transactional and operational issues. He advises clients with respect to business formation, financing, mergers and acquisitions, venture capital financing, joint ventures and strategic partnerships. He has represented hotel owners in the negotiation of several hundred management agreements, as well as spa management and franchise agreements. Bob also advises hotel owners regarding telecommunications, software, internet, e-commerce, data processing and outsourcing agreements. To read Bob's articles, go to www.HotelLawBlog.com and select "Management Agreements." For more information, please contact Bob Braun at 310.785.5331 or rbraun@jmbm.com.

Marta Fernandez

Marta Fernandez is a partner in JMBM's Employment and Labor Department and a senior member of JMBM’s Global Hospitality Group® -- a team of seasoned professionals who have helped clients around the world with more than 4,700 hospitality properties worth more than $125 billion. As a management labor lawyer with more than 20 years of experience, Marta specializes in representing hospitality industry clients in all aspects of labor and employment including labor-management relations such as union prevention, collective bargaining for single as well as multi-employer bargaining units, neutrality agreements and defense of unfair labor practice charges before the NLRB. She defends employers in administrative and litigation claims, such as employee claims of sexual harassment and discrimination and counsels clients in preventative strategies such as executive training, arbitration enforcement, and policies and procedures. To read Marta's articles, go to www.HotelLawBlog.com and select "Labor & Employment." For more information, please contact Marta Fernandez at 310.201.3534 or at mfernandez@jmbm.com.

Guy Maisnik

Guy Maisnik is a partner in JMBM's Real Estate Department and a senior member of JMBM's Global Hospitality Group® -- a team of seasoned professionals who have helped clients around the world with more than 4,700 hospitality properties worth more than $125 billion. Guy's deep and broad transactional practice includes complex real estate finance and venture capital transactions, including project finance, commercial finance, leveraged leasing and real estate acquisitions. He assists clients with development, leasing and disposition, loan portfolio acquisitions, loan and debt restructure, workouts and real estate exchanges. Go to www.HotelLawBlog.com for current information in these areas. For more information, please contact Guy Maisnik at 310.201.3588 or mgm@jmbm.com.

David Sudeck

David Sudeck is a Partner in JMBM's Real Estate Department and a senior member of JMBM’s Global Hospitality Group® -- a team of seasoned professionals who have helped clients around the world with more than 4,700 hospitality properties worth more than $125 billion. David has significant experience in the vacation ownership arena, focusing on the formation and registration of condominiums, timeshares and fractional interest regimes. He negotiates hotel, spa and restaurant management agreements, and assists client in the development, acquisition, sale and leasing of hotels, golf courses and restaurants. For David's take on current issues in the timeshare arena, go to www.HotelLawBlog.com and click on the topic, "Timeshare." For more information, please contact David Sudeck at 310.201.3518 or dsudeck @jmbm.com.

Robert Kaplan

Robert Kaplan is a partner in JMBM's Bankruptcy, Insolvency and Restructurings Group and a senior member of the Global Hospitality Group® -- a team of seasoned professionals who have helped clients around the world with more than 4,700 hospitality properties worth more than $125 billion. Bob represents lenders, special servicers, hard money lenders, community banks, national banking associations, distressed debt investors, and equity investors, positioning them for the best possible outcome by acting expeditiously to preserve value and increase cash flow. His industry experience and his knowledge of the current capital markets -- where distressed assets often include complex deal structures and securitized loans -- allows him to bring creative and effective strategies to the table. When aggressive litigation is the best strategy, he is a vigorous and effective advocate for his clients. Bob represented the securitized lender in the Chapter 11 bankruptcy case filed by the Clift Hotel in San Francisco, and in the subsequent negotiations and successful sale of the loan to a third party. The lender -- acting by and through GMAC Commercial Mortgage Corporation as special servicer -- was the holder of a $60 million loan secured by a Deed of Trust on the Clift Hotel. He has also served as counsel to CapMark, J.E. Robert Company, Inc., AMRESCO Management Inc. and Midland Loan Servicer in their capacity as special servicers on troubled hotel loans in CMBS pools. For more information, contact Robert Kaplan at 415.984.9673 or rkaplan@jmbm.com.

Martin Orlick

Martin Orlick is a partner in JMBM's Real Estate Department and a senior member of JMBM's Global Hospitality Group® -- a team of seasoned professionals who have helped clients around the world with more than 4,700 hospitality properties worth more than $125 billion. Marty specializes in representing hospitality industry clients in Americans With Disabilities Act (ADA) compliance and defense. He has represented more than 500 businesses in ADA issues, many of them hotels and restaurants, as well as hotel mixed-use properties. Marty is a member of the American College of Real Estate Lawyers (ACREL) and a frequent speaker on the ADA and other topics. To read Marty's articles, go to www.HotelLawBlog.comand select "ADA." For more information, please contact Marty Orlick at 415.984.9667 or morlick@jmbm.com.

Scott Brink

Scott Brink is a senior member of JMBM's Global Hospitality Group® and a partner in JMBM's Labor & Employment Law Department. Scott is a management labor lawyer with more than two decades of experience representing employers in all aspects of labor relations and employment law including union prevention, collective bargaining negotiations, defense of unfair labor practice charges before the NLRB, wrongful discharge litigation, individual and class action employment discrimination and wage-and-hour claims, sexual-harassment litigation, arbitrations, personnel policies, California wage and hour law, and employee discipline and discharge. An experienced trial attorney, Scott has litigated a number of high-profile and complex cases involving a wide range of labor and employment law matters. For more information, contact Scott Brink at RSB@jmbm.com or 310.785.5365.

Travis Gemoets

Travis Gemoets is an experienced trial attorney and represents management in all facets of labor and employment law, including wage/hour class actions, claims of discrimination, harassment, wrongful termination, trade secrets and unfair competition, union/management relations and workplace violence. He is a member of JMBM's Global Hospitality Group(r), in which capacity he negotiates union contracts and resolves labor disputes throughout the country, defends class action claims, develops strategies for the mass onboarding and separation of employees, and recommends proactive changes to employers' policies and practices in order to minimize potential liability risks. Reach him at 310.785.5387 or tgemoets@jmbm.com.

Mark S. Adams

Mark S. Adams is an experienced trial lawyer and a member of JMBM's Global Hospitality Group® and Chinese Investment Group™. He focuses his practice on business litigation including contracts, corporate and partnership disputes, and hospitality disputes and litigation. On behalf of hotel and resort owners, Mark has successfully litigated the termination of long-term, no-cut, hotel management agreements, franchise agreements, fiduciary duty issues, investor-owner disputes, TOT assessments, and more. He has wide-ranging trial experience in a variety of commercial disputes, including complex multi-party litigation and class actions. He has tried numerous cases in state courts, federal courts, and in domestic and international arbitrations, and is a frequent author and speaker on trial practice. Mark's trial wins have been covered by Forbes, Reuters, and other publications. He has obtained two of California's annual 50 largest jury verdicts in the same year. Mark has taken or defended nearly 1,000 depositions throughout North America, Europe and the Middle East. He has been quoted as an expert on noncompete agreements in the Wall Street Journal. For more information, contact Mark at 949. 623.7230 or markadams@jmbm.com.

Bennett Young

Bennett Young is a partner in JMBM's Bankruptcy, Insolvency and Restructurings Group and a senior member of the Global Hospitality Group® -- a team of seasoned professionals who have helped clients around the world with more than 4,700 hospitality properties worth more than $125 billion. His clients include lenders, financial institutions, secured and unsecured creditors, distressed investment funds, businesses, receivers, special servicers and creditors' committees. Ben represented the owner of a partially completed multi-billion dollar resort property in the restructuring of its finances and has represented lenders to hotels and casinos. For more information, contact Ben Young at 415.984.9626 or byoung@jmbm.com

Sheri Bonstelle

Sheri Bonstelle is a partner in JMBM's Government, Land Use, Environment and Energy Department, and a member of JMBM's Global Hospitality Group®. She represents owners and developers in land use, zoning, environmental, litigation and construction matters. She manages all aspects of the entitlement process, including representing clients before local and state agencies, commissions and councils. Sheri also represents clients in a variety of land use and real estate litigation matters in state and federal courts, including cases arising under CEQA and other environmental laws. Her hotel experience includes handling the adaptive reuse of an historic office building as a luxury boutique hotel. For more information, please contact Sheri Bonstelle at 310.712.6847 or SBonstelle@jmbm.com.

Kevin McDonnell

Kevin McDonnell is a partner in JMBM's Government, Land Use, Environment and Energy Department, and a member of JMBM's Global Hospitality Group®. Kevin represents developers and owners of hotels in a broad range of land use and zoning issues including entitlements, code enforcement, easements and parking requirements, as well as related Parcel Map and Tract Map subdivision issues. His hospitality experience includes hotels, condo-hotels and mixed-use projects. A registered Civil Engineer and Structural Engineer in California, and a former building official for the City of Los Angeles, Kevin brings unique experience and insight in Zoning and Building Code applications and Code Enforcement issues. For more information, please contact Kevin McDonnell at 310.201.3590 or kkm@jmbm.com.

Jamie Ogden

Jamie Ogden is a tax lawyer at Jeffer Mangels Butler & Mitchell LLP. He advises individuals and businesses on a range of tax planning, tax controversy and estate planning matters. Jamie’s experience includes all tax aspects with respect to the hospitality industry, including acquisitions and dispositions (including Section 1031 exchanges), financing and management agreements. He also serves as lead tax counsel on M&A transactions, financing, internal corporate restructurings and deferred compensation matters. Jamie also works frequently with litigators on the tax aspects of litigation, judgments and settlements. Jamie has extensive experience with foreign compliance matters, including each variation of the IRS amnesty programs. In addition to his experience in private practice, Jamie also brings several years of service from both state and federal government. For more information, contact Jamie at JOgden@jmbm.com or 310.201.3510.

Jay Thompson

Jay Thompson has extensive experience representing private companies, business owners, family offices and investors in mergers and acquisitions, private equity and venture capital transactions and private securities offerings. Jay serves as general counsel to many of his clients, their management, and board of directors, helping to shape and execute their business strategies, facilitate growth and liquidity, as well as to advise them on day-to-day legal and other strategic issues. He is known for his practical approach to business issues. Contact Jay at JThompson@jmbm.com or 949.623.7258

Marianne Martin

Marianne Martin has nearly fifteen years of experience advising clients on a variety of commercial, financing, bankruptcy, restructuring and M&A matters, with a particular niche dealing with distressed and/or turnaround situations. Her clients frequently include private equity and hedge funds, independent sponsors, family offices, public and private corporations, financial institutions and banks, healthcare-related companies, municipalities and venture capital funds. She has represented clients in various capacities, including as borrowers/debtors, lenders, acquirers, and agents/trustees in negotiating and documenting complex commercial transactions, out-of-court restructuring transactions and advising on purchasing considerations in secondary market debt transactions. Contact Marianne at MMartin@jmbm.com or 310.201.3531

Trevor Countryman

Trevor Countryman is an associate in the firm's Real Estate Department. He advises clients in all aspects of real estate transactions including property acquisitions and dispositions, financing, leasing, development and construction. Trevor's clients range from large funds to individual developers and opportunistic investors, engaged in deals involving office, retail, multi-family, single-family, mixed-use and hotel properties. Contact Trevor Countryman at 310.201.3546 or TCountryman@jmbm.com.

Vanessa Han

Vanessa Han is an associate in JMBM's Corporate group. Vanessa can be reached at VHan@jmbm.com or 310.785.5383

Vince Farhat

Vince Farhat is Chair of JMBM's White Collar Defense and Investigations practice. Vince has extensive jury trial experience and focuses his practice on representing companies and individuals in criminal and civil investigations and prosecutions by government enforcement agencies, as well as complex federal litigation. He also advises companies in connection with complex and sensitive internal investigations. Prior to joining JMBM, Vince served as an assistant United States attorney in the Major Frauds Section of the U.S. Attorney's Office for the Central District of California. Contact Vince Farhat at 310.785.5382 or VFarhat@jmbm.com.

Sarah G. Hartman

Sarah G. Hartman is a partner in JMBM's Litigation Group and a member of JMBM's Global Hospitality Group® -- a team of seasoned professionals who have helped clients around the world with more than 4,700 hospitality properties worth more than $125 billion. Sarah is an experienced litigator who advises and represents clients through all aspects of litigation, from inception through trial and appeal. She advises and represents clients in the hospitality industry, including the termination of hotel management agreements and franchise agreements. Sarah also advises and represents clients on women's health technology issues, intellectual property matters, and complex commercial disputes, including breach of fiduciary duty, fraud, breach of contract, unfair competition, products liability, employment litigation, class action defense, false advertising and other complex financial disputes. Contact Sarah Hartman at 949.623.7243 or SGHartman@jmbm.com.

Michael H. Strub, Jr.

Michael H. Strub, Jr. is a partner in JMBM's Litigation Group and a member of JMBM's Global Hospitality Group® -- a team of seasoned professionals who have helped clients around the world with more than 4,700 hospitality properties worth more than $125 billion. He is a highly skilled trial and appellate attorney who has handled high-stakes, complex commercial and business cases for 30 years including disputes arising out of hotel construction, lending, and bankruptcy. In addition, he has represented plaintiffs and defendants in business and commercial disputes in a variety of areas. Contact Michael H. Strub, Jr. at 949.623.7233 or MStrub@jmbm.com.

Ask the Hotel Lawyer™ is a quarterly column that I write for JMBM's Global Hospitality Advisor®. If you have a question you would like to submit to Ask the Hotel Lawyer™ please use the comments box below. While your question may not be of sufficient general interest for the column, I will try to respond to you individually if you leave your contact information below.
Jim Butler.

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