Hospitality

A hands-on, collaborative approach

Our strength in the industry is derived from the depth of our experience across multiple practices and our ability to work closely together to promote and advance your interests. Employing a multidisciplinary approach, we take advantage of the vast resources of a large law firm, combined with the cost-effectiveness and agility of a smaller firm.

Our approach is practical, not theoretical. Our attorneys have had hands-on experience, including working in-house at hospitality companies, which has fostered both keen oversight of the broader dynamics in the hospitality industry, as well as insight into the full range of day-to-day operational issues, enabling us to provide legal services in the main areas of transactions, crisis management and operations.

Transactions

Encompassing all aspects of deals, financings and tax structures for buyers, sellers, investors, hotel managers and lenders, our team:

• Skillfully negotiates hotel management, operational and franchise agreements around the world
• Handles contract negotiation and documentation, due diligence review, construction-related work and land use entitlements, and acquisition, development and construction financing
• Has extensive experience counseling developers as they interact with public and private agencies, architects and engineers, professional managers, and general contractors
• Offers robust services for protecting and defending our clients' intellectual property, including naming rights, trademark clearance, IP due diligence, and brand, trademark and copyright licensing
• Represents hospitality companies in their initial public offerings (IPOs)
• Has experience in senior, securitized and mezzanine financing — including inter-creditor issues — and joint ventures, fractional and whole-ownership, and other structures
• Has experience in international banking and financial services, global credit facilities, and comprehensive cross-border investment guidance

Crisis Management

To help mitigate risk and provide proactive solutions to any challenges or litigation that our clients may face, our team:

• Assists with preparations, internal investigations and responses required regarding cybersecurity and data protection, fraud, or anti-bribery investigations or laws, such as the Foreign Corrupt Practices Act (FCPA) and the UK Bribery Act; and we are well-versed in issues involving regulatory authorities, such as the Solicitors Regulation Authority (SRA), and can help establish compliance policies
• Provides counsel when litigation is necessary on defaults and breach of contract matters, contract terminations, management and franchise disputes and terminations, and prosecuting property, liability and business interruption insurance claims
• Has deep experience in asset-related matters, including distressed real estate asset disputes, out-of-court and in-court restructurings, foreclosures and other real estate litigation, reorganizations, equity and debt recapitalizations, acquisitions and international schemes of arrangement, and dispositions
• Regularly represents debtors and creditors in bankruptcies and state court insolvency proceedings, as well as the buyers and sellers of distressed assets
• Counsels in employment policy, reputation management and protecting and litigating brand-related matters, including trade names, trademarks, service marks, trade dress, logos, taglines, slogans, designs and domain names

Operations

In understanding the dynamics of hotel owner and manager relations and each party's particular needs, and providing comprehensive support to address the varied operational needs of our clients, our team:

• Has direct experience in assisting clients with one of the industry's most important functions — electronic central reservation systems — as well as the implementation of other technology tools
• Helps analyze privacy needs and practices in order to draft appropriate privacy policies and help clients avoid theft by implementing appropriate data protection principles and practices, including assisting in the process of vetting vendors and reviewing their practices for administrative, technology and physical security procedures
• Addresses legal and regulatory requirements in the event of a security breach, while working with our clients' business leadership, technology professionals and media team to implement prompt and appropriate responses
• Offers trade dress counseling and advertising and promotion materials clearance support with regards to our hospitality clients' consumer programs
• Assists with a variety of advertising disputes should an issue arise, including negotiations, litigation and National Advertising Division (NAD) of the Council of Better Business Bureaus proceedings
• Counsels on matters relating to event sponsorships, sweepstakes and contests
• Provides training on social media programs, covering concepts such as developing and administering social media policies and promoting and protecting brands on social media platforms
• Helps develop social media policies and handles content liability and litigation issues relating to social networks, wikis, blogs and other online media