Category Archives: Hotels

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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

Understanding Hotel Lingo: From ADR to Z Hotel

Understanding Hotel Lingo: From ADR to Z Hotel * Do you know your ADR from your APR? * How’s your RevPar looking this season?   * And what’s your take on the latest STR Report? If these terms perplex you, fear not. Our colleague Tara Gorman’s recent article in Hotel Business Review, “Understanding Hotel Lingo: … Continue Reading

Stand Your Ground

Recently we have seen four situations where a hotel owner has taken matters into its own hands to remove the hotel manager from the hotel.  These cases are referred to as the Aviara, Marriott Waikiki, Fairmont Turnberry, and the Eden Rock.  Much has been already written and discussed about the “midnight raid” strategy where the … Continue Reading

2012 Hotel and Lodging Legal Summit – Hotel Business Continues to Excite

Perhaps “excite” is too strong a word, but the level of interest and excitement  was palpable and real at the inaugural  Georgetown  University Law  Center – American Hotel & Motel Lodging Association  Hotel and Lodging Legal Summit.  The event, hosted at the Georgetown  University Law  Center in Washington, D.C., drew over 150 hospitality, lodging and entertainment lawyers from both national and international locations, including … Continue Reading

Hotels as Leased Assets

Historically, the U.S. centric model for hotel management was and is the hotel management agreement.This has been in stark comparison to the European model for hotel management, which was not a management agreement at all, but rather a lease of the hotel to the management company.… Continue Reading

July 1, 2012 – Effective Date for New Industry Wide Collective Bargaining Agreement with the New York Hotel Motel Trades Council, AFL-CIO

The New Industry Wide Collective Bargaining Agreement with the New York Hotel Motel Trades Council, AFL-CIO covering approximately 21,000 of the unions 32,000 members, is effective July 1, 2012 through June 30, 2019.  The new seven year agreement has implications for the sale and purchase of union hotels through a purchaser assumption agreement, even when the … Continue Reading

Mortgage Holders Get a Boost

Author:  Michael J. Sullivan, Esq.  The Supreme Court’s opinion in Radlax Gateway Hotel LLC, et al. v. Amalgamated Bank, which requires that real estate mortgage holders be permitted to credit bid up to the amount of its claim, will no doubt heighten interest in the “loan-to-own” strategy of purchasing debt to acquire the hotel. Through … Continue Reading

Something’s Gotta Give – Hotel Management Agreements Continue to Spark Interest

My unofficial assessment is that one of the best  breakout sessions, as to both content and attendance, at the 34th Annual New York University International Hospitality Industry Investment Conference was the Hotel Management Agreement panel. The panel offered an honest and in-depth assessment of most of the key hotel management agreement issues confronted in the owner-operator negotiation … Continue Reading

ADA Pool Lift Deadline Extended Until January 31, 2013

The hard deadline of March 15, 2012, for compliance with the ADA Standards for Accessible Design with regard to existing swimming pools, wading pools and spas has once again been extended.  January 31, 2013 is the new compliance date for the application of Section 242 and 1009 of the 2010 Americans with Disability Act (ADA) Standards … Continue Reading

The Tale of an Ousted Hotel Manager – Understanding the Mal-Alignment of Interests of Hotel Owners and Hotel Managers

The facts of the Turnberry Case are more like something we'd see in a James Bond movie than in real life. But then again, fact is stranger than fiction. In real life, can a hotel manager be ousted from a hotel without notice and cure - even with a carefully crafted hotel management agreement in place? Our Greenberg Traurig colleague Michael Sullivan discusses what it all means in the Hotel Business Review journal.… Continue Reading

Time is on Your Side – ADA Pool Lift Regulations Suspended for 60 Days for Existing Pools

The hard deadline of March 15, 2012, for compliance with the ADA Standards for Accessible Design with regard to existing swimming pools, wading pools and spas has been suspended for 60 days.  Attorney General Eric Holder extended the date for compliance with Sections 242 and 1009 of the ADA Standards for Accessible Design until May 15, … Continue Reading

For Want of a Table a Bar was Lost – The Noise Over ADA Pool Lifts is a Distraction from the More Time Sensitive Issues

Authored by Robert S. Fine, Esq. Next week, on March 15, 2012, the original (1991) ADA Standards, commonly referred to as the ADAAG (ADA Accessibility Guidelines) will officially expire and be replaced by the 2010 ADA Standards.  The ADA regulations provide that elements of places of public accommodation that had requirements in the 1991 Standards, … Continue Reading

The Importance of Being Fair

Many readers of our blog know that an opinion was recently issued in yet another hotel operator v. hotel owner dispute. The Sheraton v. Castillo  opinion, issued on November 18, 2011, is dense, very detailed and heavily fact dependent. One element of the court’s assessment of the relationship between the parties deserves special mention and should not be overlooked in our heavily … Continue Reading

Hotel Sector Not Out of the Woods Yet.

The recent iGlobal Forum Global Hospitality & Lodging Investment Summit 2011 was well attended, and the panelists were honest in their assessments of the lodging sector’s near-term future. There are some signs of improvement, but our assessment as audience members is that calling it a “recovery” is premature. There is still more talk (hope) of … Continue Reading

Buyers and Sellers and Brokers — Oh My!

At the North America Hotel & Tourism Investment Conference (NATHIC), held in Washington, D.C., November 1-2, there was a “buzz” in the crowd as to where the hospitality industry is heading in the next few years. As the moderator of the session on “Buy, hold, sell, build – what is your best strategy in today’s … Continue Reading