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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:

Author of www.HotelLawBlog.com
13 November 2006
Hotel Lawyer on hotel labor and employment issues. On July 21, 2006, a Superior Court jury in rural Placer County California — where you still expect jurors to know the value of a dollar — found Unite Here guilty of “fraud, malice or oppression.” This time, Unite Here — the union that represents hotel and hospitality workers — was caught red handed in its typical outrageous behavior. And it got slapped … but good. The jury hit the union with a $17.3 million (actually $17,292,850) verdict for intentionally and maliciously acting to harm the business of the Sutter Health not-for-profit hospitals and birthing clinics. This is one of the biggest verdicts ever awarded against a labor union in the United States. As usual, I looked to Marta Fernandez, my hotel labor attorney partner, for insight and guidance.

Marta says, “This case is another very important one for all employers. It is right up there with Oakwood and Cintas. It is both educational as to the ‘hard ball’ tactics Unite Here regularly employs, shows the union’s true colors, and demonstrates that when employers will stand up to outrageous union threats and behavior, they finally may be vindicated and justified.” Listen to this story! If you are an employer, it will warm your heart. If you are a callow union boss, it should give you second thought.

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Published on:

Author of www.HotelLawBlog.com
12 November 2006

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Hotel Lawyer on How to have a blow out of hotel-enhanced residential mixed-use. Donald Trump seems to find himself surrounded by controversy — whether it involves his giant kiosk in Chicago, his huge American Flag at his Mar-a-Lago Club in Palm Beach or his big “hole” in Manhattan’s Soho. But whatever you think of the man, you have to be impressed by the latest demonstration of his brand power at the Trump International Hotel & Tower in Waikiki. According to the story by Allison Schaefers in Saturday’s Honolulu Star Bulletin, Trump and his Los Angeles-based partner, Irongate, set a new world record for residential development sales — selling more than $700 million of luxury units in just 8 hours, and selling out all 464 hotel suites and residences in the first day of what had been planned as a two-day sales event.

The Trump-Irongate sell out surpassed what is claimed to be the prior record established by Intrawest last December when it sold $425 million, comprising 318 units, of the first phase of hits Maui resort development. What does this mean?

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Author of www.HotelLawBlog.com
12 November 2006
Condo Hotel Lawyer on “in lieu taxes.” On November 7, 2006, the voters did more than put the Democrats in power in Washington, D.C. In Indian Wells, a wealthy desert resort community near Palm Springs, California, a 82.48% landslide vote approved Indian Wells Measure P — a condo hotel tax. Some think that the Indian Wells measure will serve as a model tax for the country. Others just fear it will stifle development and spread nationwide like a virus.

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Author of www.HotelLawBlog.com
11 November 2006
Hotel Lawyer on hotel-mixed use. Earvin “Magic” Johnson Hotels? Well maybe not yet, but Bloomberg reported yesterday (November 10, 2006) that basketball Hall-of-Famer, Earvin “Magic” Johnson has just announced a $1 billion Atlanta mixed-use development with hotel, residential and retail components to revitalize three blocks of Atlanta’s midtown area. This is interesting for several reasons.

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Author of www.HotelLawBlog.com
8 November 2006
Condo Hotel Lawyer on “The Splits.” A few days ago, in a posting called The “Splits” — One size does not fit all, I emphasized the importance of achieving fair and realistic “splits” of revenue among all the stakeholders in a condo hotel or other hotel mixed-use property. These stakeholders might include condo hotel unit owners, timeshare or fractional owners, pure residential unit owners, and retail or commercial unit owners (e.g. the owners of the spa, waterpark, restaurant, parking operator or sundries store).

The key to getting the right splits and a viable condo hotel regime structure is a fair and reasonable allocation of all expenses and revenues involved in the project. As a starting point, you might allocate expenses on the basis of square footage use, revenues generated or other rational basis. But what items should be allocated to whom? How do accomplish a fair allocation?

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Author of www.HotelLawBlog.com
7 November 2006
In recent posts, I have detailed why the hospitality industry is well poised to continue record profits and sustained growth for several more years. But I have also noted that even though the hospitality industry has its fundamentals in place, the industry enjoys (or suffers) almost a 1 to 1 correlation with changes in the U.S. economy’s GDP. And all the worry over the sagging housing industry’s impact on the economy has caused a lot of concern. (See “Good Times Now, But Speed Bumps Ahead?”) Yesterday, Alan Greenspan calmed those concerns somewhat.

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Author of www.HotelLawBlog.com
6 November 2006
Condo Hotel Lawyer on customizing the “Splits” for your project. As hospitality lawyers and business advisors, my partners and I spend a lot of time with our hotel developer clients determining the appropriate “splits” for their condo hotel projects. How to split — or divide — revenues earned from renting a condo unit between the unit owner, the hotel operator, and other stakeholders, is critical to a condo hotel’s success. So let’s look at some of the considerations.

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Published on:

Author of www.HotelLawBlog.com
2 November 2006
Hotel Lawyer on ADA developments affecting hospitality. On October 26, 2006, the California state Court of Appeal ruled that disabled plaintiffs suing for damages under California’s Unruh Civil Rights Act (Unruh Act), must prove intentional discrimination in order to recover the $4,000 minimum damages per offense” that makes this kind of litigation so lucrative to plaintiffs and their lawyers.

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Published on:

Author of www.HotelLawBlog.com
31 October 2006
Hotel Lawyer on labor and employment developments. It has now been several years since Unite Here targeted the hospitality industry with its organizing efforts. Their tactics have been extremely aggressive. At a macro level, the unions have poured resources into political campaigns across the country and are not shy about calling in favors from those they help elect. And of course, in 2006, we saw the fruits of a huge effort to time union contract expirations to hit at the same time in order to maximize leverage (see my earlier postings about the union campaign). At a micro level, the unions have also stepped up their pressure — buying 5 or 6 shares of stock and playing havoc with public companies (for example, trying to sabotage the CNL public offering), creating web sites to “educate” investors about target companies (with abusive and damaging stories about bad management, poor investment returns) and to generally embarrass and financially harm employers and their management. Fortunately, for employers, there have recently been significant wins in the ongoing struggle (such as the Oakwood Healthcare case) and one of those deserves mention today.

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Author of www.HotelLawBlog.com
28 October 2006
Spas have become one of the hottest amenities for hotels and hotel mixed-use projects. JMBM’s Global Hospitality Group® has worked on enough spa agreements, spa financings and spa management agreements, however, I had never stopped to think about what the word “spa” means or where the word came from. But while celebrating the 25th anniversary of founding Jeffer, Mangels, Butler & Marmaro, I was with the other Founders of the Firm at the Four Seasons George V in Paris, and I learned one interesting story on the meaning and origin of the word that now describes such an important part of our industry. I thought you might like to know it too.

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