Hotel Law Blog

Published on: June 18, 2007

Hotel Lawyer: Get on your feet! Lifestyle and mixed-use resorts getting a boost from Latin pop stars Gloria and Emilio Estefan with a new development in Vero Beach, Florida.

By Jim Butler and the Global Hospitality Group®

Author of www.HotelLawBlog.com
18 June 2007
Hotel Lawyer in Florida. While Gloria Estefan’s fans are anticipating the September 2007 release of her new Spanish-language album, 90 Millas, featuring original music inspired by her native Cuba — the hotel industry is eagerly awaiting the opening of her new luxury resort, Costa d’Este in Vero Beach, Florida. Gloria and Emilio Estefan are not new to the hospitality industry — they currently own 5 Cuban restaurants in Florida and Mexico, and the Cardozo Hotel in Miami. Their new mixed-use resort will include 94 hotel rooms, meeting space, a restaurant and spa. The resort is scheduled to open in January 2008, according to Benchmark Hospitality International, which will manage the property.

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Published on: June 14, 2007

Breaking news for “lifestyle” hotels. The Ian Schrager and Bill Marriott “marriage” — Will it lead to eternal bliss or end in divorce?

By Jim Butler and the Global Hospitality Group®

Author of www.HotelLawBlog.com
14 June 2007
Hotel Lawyer on the Schrager-Marriott marriage and its impact on lifestyle hotels. One of my steady themes here at www.HotelLawBlog.com, is that lifestyle hotels are the hottest thing going in new hotel development, particularly hotel mixed-use. (See, for example, “The new “LIFESTYLE” hotel brands are changing the hotel industry and hotel mixed-use.“) But at a press conference held on the roof of Schrager’s Gramercy Park Hotel in Manhattan at 10:00 am on June 14, 2007, Bill Marriott (chairman and CEO of Marriott International) and Ian Schrager (the founder of Ian Schrager Hotels, now known as “Morgans Hotels”) surprised most of the hotel industry with their news. Marriott (age 75) and Schrager (now 60) announced formal plans to partner in the creation of a new lifestyle boutique hotel brand. The as-yet-unnamed-brand will provide the high-design, boutique, lifestyle product that Schrager invented, with Marriott’s world-class hotel operating resources and development support.

For several years, industry experts have wondered how Marriott International could surrender leadership in the lifestyle boutique area to Starwood’s W brand, which some call a knockoff of Schrager’s original concept. Only half in jest, some predicted that Marriott would spawn a similarly hip “M” brand (which looks a lot like a “W” turned over). If Marriott is to reclaim its share of this exploding lifestyle segment, it clearly needed to move quickly to make up for lost time. But many think the marriage of Ian Schrager and Bill Marriott is doomed to an early divorce, if it even makes it to the conjugal bed. Doubtful pundits cite fundamental incompatibilities of style and approach. Meanwhile, Schrager and Marriott are projecting that at least five firm development deals will be signed for the new brand before 2008, and are looking for more than 100 hotels to be open within a decade.

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Published on: June 11, 2007

Hotel Lawyer on developing GREEN hotels. Don’t wait for the GREEN. It is here. First LEED Gold Certified hotel in U.S. is announced.

By Jim Butler and the Global Hospitality Group®

Author of www.HotelLawBlog.com
11 June 2007
Hotel Lawyer on developing GREEN hotels. An exciting new benchmark has been set in the hospitality industry. The Gaia Napa Valley Hotel and Spa has received the prestigious LEED Gold certification! This is the first time that the United States Green Building Council (USGBC) has awarded “LEED Gold” to a hotel. It marks a sea change. It is the first, but won’t be the last. In fact, get ready to ride the new wave or drown in the lost opportunity.

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Published on: June 3, 2007

Hotel Lawyer in New York with a forecast of “sunny skies” for the hotel industry.

By Jim Butler and the Global Hospitality Group®

Author of www.HotelLawBlog.com
3 June 2007
Hotel Lawyer in New York at the Hotel Investment Conference. It is Sunday night, June 3, 2007, and the New York Hotel Investment Conference is officially under way with its gala reception. It boasts an all time record number of attendees, which always signals good times in the hotel industry. And although the weather in Manhattan tonight involves a lot of rain, it is not dampening this parade!

We had a bit of a prelude to the investment conference at the Lodging Industry Investment Council (LIIC), the hospitality industry think tank, session before the party got under way, and Mark Lomanno, President of Smith Travel Research gave us some very encouraging news. I think you are going to like this and the statistics that under pin his analysis. Listen to this . . .

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Published on: June 2, 2007

Hotel Lawyer: What’s happening to hotel cap rates and values? What are the largest hotel sales? Who are the biggest hotel buyers?

By Jim Butler and the Global Hospitality Group®

Author of www.HotelLawBlog.com
2 June 2007
Hotel Lawyer on hotel sales, values, buyers and cap rates — reporting from Meet the Money® hotel financing conference. If you are buying or selling hotels, or looking for hotel financing, you have to be interested in today’s posting. This is all about hotel cap rates and values, and the biggest hotel sales as well as the biggest buyers in the recent times. All this information was provided to the crowd attending Meet the Money® a few weeks ago by Suzanne Mellen of HVS International. There is some great information here, that belongs with the other classics on www.HotelLawBlog.com.

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Published on: May 22, 2007

Hotel Lawyer: Where are we in the hotel cycle? What’s the real threat of new supply? Where do we go from here?

By Jim Butler and the Global Hospitality Group®

Author of www.HotelLawBlog.com
22 May 2007
Hotel Lawyer reporting from Meet the Money® hotel financing conference. At the recent Meet the Money® conference on hotel financing, Mark Woodworth, Executive VP of PKF Consulting, presented the latest report from PKF Hospitality Research to a crowd of more than 450 hotel industry leaders who gathered to connect with all the top debt and equity financing sources for hotels and hotel-related projects. (For more details on the Conference or the materials from it, see “Hotel financing gateway. Meet the Money® — gateway to debt and equity financing for hotels. How to get your hotel financed.“)

Mark Woodworth’s presentation helped answer the questions on everyone’s minds: (1) Where are we in the hotel cycle? (2) What is the real threat of new supply? and (3) Where do we go from here?

His information and answers were very interesting . . .

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Published on: May 20, 2007

Hotel Lawyer on latest U.S. Hospitality Trends from Meet the Money® hotel financing conference

By Jim Butler and the Global Hospitality Group®

Author of www.HotelLawBlog.com
20 May 2007
Hotel Lawyer on latest U.S. Hospitality Trends. At the recent Meet the Money® conference on hotel financing, Bobby Bowers, Senior Vice President at Smith Travel Research (STR) provided an overview of the U.S. lodging industry for the 12 months ending March 2007. The results were very interesting and bode well. Straight from www.HotelLawBlog.com, here is what he said. . .

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Published on: May 14, 2007

Hotel Lawyer: How hotel swimming pools may spawn ADA lawsuits and what to do about it.

By Jim Butler and the Global Hospitality Group®

Author of www.HotelLawBlog.com
14 May 2007
Hotel Lawyer on recognizing, avoiding and defending ADA lawsuits. In case you haven’t noticed, ADA lawsuits — suits filed under the Americans with Disabilities Act — are on the rise. We have covered a number of troublesome ADA claim areas here on www.HotelLawBlog.com in the past [Just go the the blog and scroll down the right hand side until you see the easy-to-use tools to sort blog entries by topic. ADA is the first topic]. But today, I would like to introduce Marty Orlick, one of my hotel lawyer partners who specializes in defending ADA cases. In fact, Marty Orlick has represented property owners in defending more than 200 ADA cases! So let’s get Marty’s street savvy advice on how to recognize the threat and then to avoid the potential lawsuits lurking at bottom of your pool.

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Published on: May 8, 2007

Hotel financing gateway. Meet the Money® — gateway to debt and equity financing for hotels. How to get your hotel financed.

By Jim Butler and the Global Hospitality Group®

Author of www.HotelLawBlog.com
8 May 2007
Hotel Lawyer on debt and equity financing for hotels — hotel financing update. The party’s not over, but it may be time we sobered up. How do you find debt and equity financing for hotel development, hotel mixed-use, repositioning and purchase or sale?

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Published on: May 4, 2007

Hotel Lawyer: The Lodging Industry Think Tank “TOP 10” Investment Trends and Challenges

By Jim Butler and the Global Hospitality Group®

Author of www.HotelLawBlog.com
4 May 2007
Hotel Lawyer at Meet the Money® — the premier hotel financing conference. In an annual survey prepared for exclusive release at JMBM’s Meet the Money® hotel finance conference, the Lodging Industry Investment Council (LIIC) “Top 10” Investment Trends and Challenges were unveiled on May 3, 2007. If you want to know what these industry leaders think about the industry, check this out . . .

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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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