Category Archives: Hotels

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STR Making Changes

STR is making changes to the highly regarded and widely used STAR Report.  Those of us who spend time drafting, reviewing, negotiating, and understanding hotel management agreements know that an important element of a management agreement is the Performance Test, and that a critical element of the typical two pronged performance test is the RevPAR … Continue Reading

Guest Privacy, Safety and Security

A jury’s decision to award sportscaster Erin Andrews $55 million as a result of a hotel’s failure to reasonably safeguard her privacy, safety and security is a forceful and important reminder to hotel owners and operators: A guest’s privacy and safety are paramount.  Certainly this jury saw it that way, and other juries might reach … Continue Reading

Collections Continue to Thrive

Owners of strong, unique independent hotels are finding that they can gain many of the advantages of an affiliation with a branded hotel management company without entering into a management contract and relinquishing control of the hotel.  This is indeed the case and much has been written about the many collections of hotels now available … Continue Reading

Difference Between Club and Hotel Management Agreements

Often, a club management agreement reads exactly like a hotel management agreement, with the word “hotel” changed to “club.” This should not be the case. Clubs have unique characteristics that should be considered in drafting a club management agreement. 1. If the club is a member-owned club, it is not a profit-seeking business. As a … Continue Reading

Franchise Agreement Transfer Provisions

The number of hotels, particularly limited service hotels, operating under franchise agreements has exploded in recent years, and this trend is expected to continue in the near term.  Franchise agreements, including those in the hospitality industry, are personal contracts for the benefit of the named franchisee only, and are further limited by the franchisee’s ownership … Continue Reading

Hospitality Sector Leads the Way

It is difficult, if not impossible, to miss all of the positive indicators pointing to a robust and exceedingly vibrant hospitality sector. Whether it is the acquisition, financing, construction or opening of a limited service hotel in a suburban location or a non-NFL city, or the awe inspiring deals like the sale of the Waldorf … Continue Reading

Employee Characteristics and Effective Hotel Leadership

Written by Nelson F. Migdal and Molly Kane. What are the most important characteristics to possess in the hospitality industry? This question was recently posed among a highly experienced group of hospitality industry attorneys. Responses to the question included: enthusiasm for customer experience, working as a team, reliability, honesty, and being proactive as among the … Continue Reading

Being Hospitable to Service Animals*

The Equal Rights Center based in Washington, D.C. has recently published a short and helpful booklet for users of service animals and other types of assistive animals.  It is a “users” guide for persons seeking accommodations for their service animals, including advocacy tips and resources for reporting violations.  The hospitality industry is often at the … Continue Reading

Getting the Word Out – It’s all about Marketing – The Interplay between Owner’s and Brand’s Priorities

At first blush one would think that a hotel marketing plan would equally benefit the owner of the specific hotel and the brand under which the owner’s hotel is operated.  Clearly, marketing the owner’s hotel and marketing the brand benefit both the owner and the brand.  However, upon closer investigation, the owner’s interests and the … Continue Reading

iGlobal Forum Chairman Nelson Migdal Highlights the Dynamics of International Law in the Hospitality Law Sector

Recently, our very own Nelson Migdal, Co-Chair of Greenberg Traurig’s Hospitality Group, joined iGlobal Forum’s 3rd Global Hospitality and Lodging Investment Summit as the chairman and as a moderator for the opening panel session on the market outlook for the hospitality and lodging sector. Nelson shared with attendees his extensive experience working in the hospitality … Continue Reading

Midnight Raid 2.0, Hotel Management Agreements Under Siege – Hot Topic – Georgetown University Law Center’s Hotel & Lodging Legal Summit 2013

Midnight Raid Panel Grabs Attention. Hotel Management Agreements and the midnight raid once again took center stage recently at the Hotel & Lodging Legal Summit sponsored by the Georgetown University Law Center, and was the topic of discussion among attendees long after the panelist had concluded their final remarks. The panel of very seasoned and experienced … Continue Reading

Condo Hotels: What’s the Reality? Sale of Real Estate or Security — Ninth Circuit Sheds Some Light

The Ninth Circuit Federal Court of Appeals in Salemeh, et al v. Tarsadia Hotels, et al, reviewed the question “Is it real estate or is it securities” de novo. This required the Court to thoroughly review the state and federal securities laws, as applied to condominium unit offerings. The Court held that a properly structured … Continue Reading

Intelligent Optimism Rules

Optimism is a powerful force, and it can drive us to undertake all sorts of endeavors, transactions, deals and challenges.  It is not limitless or intended to lead us to be blind or foolish to challenges that may lurk around the bend.  A better model might be optimism tempered by care and intelligence.   We have … Continue Reading

Getting the Mix Right – the Amenity Mix – From Traditional to Extraordinary

Towels, soap, shampoos, internet access, in-room coffee, ironing board, television, game station, fresh baked cookies, spa, bicycles, boats, continental breakfast, luxury bathrobes, valet parking, pet psychic – and the list of hotel amenities goes on and on and on.  What is considered an “amenity” and what is considered “standard” changes over time, from market to … Continue Reading

Now is the Time

The tone and language of many presentations at the recent New York University International Industry Investment Conference made it very clear that now is the time, or at least the beginning of what might be the time, to consider things like building new hotels, recapitalizing hotels that could not be recently recapitalized, and selling hotels … Continue Reading

Fitness First

The traveler today, whether a business traveler or leisure traveler, is mindful of fitness and food.  Eating well and working out while on the road is an ever present challenge for many travelers, including most of our readers of HospitalityLawCheckIn.  In our work on behalf of operators and owners we cannot avoid being influenced by … Continue Reading

I Heard it Through the Grapevine

Actually, I heard it on the radio.  Specifically Michael Bull’s nationally syndicated weekly talk show about business and commercial real estate called The Commercial Real Estate Show. My few moments of fame, shared with Judy Hendrick, the CFO of Aimbridge Hospitality, and Mark Woodworth, President of Colliers PKF Hospitality Research, was actually very interesting and … Continue Reading

Staying the Course in 2013

A number of reports are now out to give us a snapshot of our industry and some key economic indicators.  [Click here for a nicely done report from Pyramid Hotel Group.]  In the ‘Outlook’ portion of the Pyramid report, the observation that 2013 is likely to be a continuation of what we are now experiencing … Continue Reading

Not so Fast at the Eden Roc

Within hours of the appeals court’s ruling [Marriott International v Eden Roc 3-26-2013.pdf], there have been announcements about the demise of the long-term hotel management agreement and the hotel owner’s inviolate right to terminate (revoke) management agreements “at-will.”  But the wiser course might be to not speak too soon, but, rather, to ponder the consequences.  … Continue Reading

New York, New York! The Upcycle in the Hotel Space is Melting Away Those Little Town Blues

The upcycle in the hotel space is clearly underway with potential for epic appreciation. The national hotel occupancy rate is approaching peak levels again. And this, coupled with record demand for U.S. hotel accommodations and a muted level of new supply, positions the industry to increase average daily rates (ADR) above inflationary levels. The inflation … Continue Reading

International Hotel Investment Forum – Berlin

The contrast was too striking to ignore. On the one hand, the economists were gloomy and pessimistic in their comments about the macro economic challenges impacting the globe. On the other hand, the owners, operators and investors were upbeat, optimistic and active in their plans and actions. In fact, Marriott unveiled its new “Moxy” brand, … Continue Reading
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