Hospitality Lawg

Hospitality Lawg

Commentary on Hospitality Law and Developments

Category Archives: Hotel

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Deadline for Compliance with ADA Pool Lift Requirements Extended

Posted in Construction, Hotel, Shared Ownership
As we reported previously, new ADA accessibility construction standards and reservation requirements took effect last week on Thursday, March 15, 2012.  One of the primary issues of concern with these new regulations is the requirement for all swimming pools, wading pools and spas to have an accessible means of entry and exit.  Due to confusion and misunderstanding regarding these specific … Continue Reading

Caveat Jurista Y’all: Is the Mortgage Securing your Property in South Carolina Enforceable?

Posted in Hotel
The South Carolina Supreme Court’s ruling in Matrix Financial Services Corp v. Frazer, et al, may have a significant impact on lenders and borrowers operating directly or indirectly within the State.  In Matrix, the Court confirmed that a lawyer is required in all loan closings “for the protection of the public,” and the failure to … Continue Reading

Getting Prepped for ICANN’s Domain Rush

Posted in Hotel, Management, Shared Ownership
By now, you likely know that ICANN is accepting applications for new gTLDs through April 12, 2012.  This post is intended to help those in the hospitality industry charged with monitoring the opportunities and risks associated with ICANN’s initiative.     What’s Going On Now? After 7 days, ICANN announced that there were “25 successful registrants in … Continue Reading

Worthy Read – Dashboard or Dartboard: How Much Do You Really Know About Your Marketing Analytics?

Posted in Hotel, Management, Shared Ownership
Before the resort real estate depression, there was a broad concensus that shared ownership companies were allocating a significant portion of their sales revenue to marketing and sales expenses without clearly understanding what actually “worked.”   With things improving, this article in Perspective Magazine explains simply and concisely how the industry can get a handle … Continue Reading

Fight Fire with Fire: Major Hotel Chains Respond to OTA Tax Inequity by Launching Room Key Website

Posted in Hotel
As we reported previously, the relationship between online travel agencies (“OTA”s) and hotels has been a strained one.  Hotel owner and operators argue that they are at a significant competitive and fiscal disadvantage by exempting OTAs from paying taxes to state and local governments on the total guest room revenues they receive for online bookings.  … Continue Reading

NLRB Arbitration Ruling Raises Stakes of Decision in CompuCredit for Hospitality Industry

Posted in Hotel, Management, Shared Ownership
The enforceability of class action waivers was one of the bigger stories in 2011.  To illustrate, our sister blog – The Employment Class Action Blog – had at least 10 posts last year on developments involving the application of the Supreme Court’s decision in AT&T Mobility v. Concepcion.  As you may recall, that 5-4 decision … Continue Reading

Hospitality Investment – Accredited Investor Rules Amended

Posted in Finance, Hotel, Shared Ownership
Time to revise your form investment documents – as of February 27, 2012, the Securities and Exchange Commission’s new accredited investor rule will take effect.  Affirming accredited investor status is crucial in determining whether an investment falls under the Regulation D safe harbors and qualifies for exemption from some of the more onerous and expensive disclosure obligations otherwise required … Continue Reading

Hard Lessons in the Importance of Due Diligence in Hotel, Timeshare, and Resort Property Acquisitions

Posted in Hotel, Management, Shared Ownership
The legal battle spanning from 2004 to 2011 involving Midsouth Golf, LLC and the Fairfield Harbour residential community in North Carolina illustrates what can happen to buyers who do not perform the due diligence to justify their optimistic projections.  Midsouth Golf, LLC purchased the amenities associated with Fairfield Harbour in 1999, which includes two golf courses, with the … Continue Reading

Consumer Data Practices: What Hospitality Companies Can Learn From the Facebook – FTC Settlement

Posted in Hotel, Management, Shared Ownership
The Federal Trade Commission‘s settlement with Facebook – as well as those with Twitter and Google – strongly signals that that the FTC will use its broad authority regarding “unfair and deceptive trade practices” to police the privacy beat.    Our friends at the Data Privacy Monitor put together a pretty good summary of the FTC’s complaint … Continue Reading

The Emergence of a Mandatory “Green” Baseline?

Posted in Construction, Hotel, Shared Ownership
Hospitality developers making plans for compliance with with new ADA accessibility requirements may now have something else to consider.  Last month, the International Code Council released the Synopsis of the International Green Construction Code, with the full version of the model building code expected to be released in March 2012.  The IGCC has a goal of establishing a … Continue Reading

President Obama Adopts Enhanced Tax Benefit for Employers that Hire Veterans

Posted in Hotel
The “Vow to Hire Heroes Act of 2011” (H.R. 674) was signed into law effective November 21, 2011.  The legislation includes an enhanced tax benefit for employers that hire veterans and repeals a requirement that government entities withhold 3 percent on certain payments made to vendors.  The tax benefit may be of particular interest to … Continue Reading

Hospitality Development – Advantages with Transit-Oriented Development

Posted in Construction, Hotel, International, Shared Ownership
At first glance, the growing trend in transit oriented real estate development may appear to apply only to developers of multi-family, multi-use properties in urban core areas. However, the concept of designing real estate developments to both utilize and compliment existing and planned transit can be beneficial to hotel, fractional, timeshare, and resort developers as … Continue Reading

EB-5 Visas – Impact of Proposed Policy Memorandum and VISIT-USA Act

Posted in Finance, Hotel, Shared Ownership
As we reported previously, the EB-5 visa program has drawn the interest of hospitality developers looking for alternative financing mechanisms.  While there doesn’t appear to have been much activity on SB 642, which would make the EB-5 Regional Center Program permanent, there have been a couple interesting developments in this area over the past few … Continue Reading

Trump Settles Condotel Securities Lawsuit

Posted in Finance, Hotel
Back in March, the Hospitality Lawg took its first look at the securities litigation surrounding the Trump SoHo, a New York condominium hotel.  The plaintiffs’ primary beef was that they had bought under the impression that 60% of the units were sold, when at the time the developers had closed on just 16% of the … Continue Reading

Medical Marijuana in the Workplace

Posted in Hotel, Management, Shared Ownership
The Hospitality Lawg would like to thank Holli Hartman for submitting this post.  Holli works in our Denver Office and her practice focuses on employment counseling and litigation, with an emphasis on providing guidance to employers to avoid litigation.  Holli is also a contributor to our sister blog, the Employment Class Action Blog. Accommodating disabilities … Continue Reading

Baker Hostetler Launches Data Breach Hotline

Posted in Hotel, Management, Shared Ownership
Baker Hostetler Data Breach Emergency Response Team 24-Hour Hotline 855.217.5204 As we pointed out in a prior post, hackers target hospitality companies of all sizes.  Our Privacy, Security and Social Media Team is prepared to help clients understand the relevant breach notification requirements, plan a cost-effective response, and minimize the potential for lawsuits and regulatory … Continue Reading

Differing Results in Houston & South Carolina OTC Tax Disputes Supports AAHOA Call For Reform

Posted in Hotel
As exemplified below, the battles between online travel companies (or OTCs) and state and local taxing authorities are not yielding a clear winner.  The resulting disparate tax consequences explains why the Asian American Hotel Owners Association, a trade group representing over 10,000 hotel owners, sent a letter to each Congressman encouraging states to apply occupancy taxes … Continue Reading

Employee Tip Claims – Different Court, Different Strike Zone

Posted in Hotel, Management
Back in September, we worked with our sister blog The Employment Class Action Blog to report that a hotelier was found liable by a Hawaii federal court for not distributing 100% of “service charges” to wait staff as tips.  That result was predicated on reading the following two laws in tandem: Hawaiian statute, §481B-14, which requires service charges applied … Continue Reading

No Real Surprises In Turnberry Hotel Litigation

Posted in Hotel, Management
On October 13th, District Court Judge Donald Graham denied plaintiff’s request for preliminary injunctive relief in FHR TB, LLC v. TB Isle Resort, LP.  As reported in the WSJ Developments blog, the case arose after the owner of the Turnberry Isle Hotel & Resort near Miami dismissed Fairmont Hotels & Resorts as the luxury hotel’s manager … Continue Reading

Spin-Off of Marriott Vacations Worldwide Approved

Posted in Finance, Hotel
Marriott International, Inc. (NYSE:MAR) announced the approval of the spin-off of Marriott Vacations Worldwide Corporation through the distribution of shares to holders of Marriott International common stock.  As discussed in our prior posts, Marriott Vacations Worldwide will become the market’s largest pure-play timeshare company.  Details from the press release include the following:  Marriott Vacations Worldwide … Continue Reading

As Sunrise A Comes To A Close, Some Data On The XXX Domain To Consider

Posted in Hotel, Management, Shared Ownership
This is our fourth installment on the new XXX domain, otherwise known as the internet’s red light district.  We discussed pre-registration in first post and the launch process in the second.  In the third post, we discussed how hospitality brands could protect themselves through Sunrise B.  This mechanism, which closes Friday, October 28, allows hospitality companies to block their qualifying … Continue Reading

Hospitality Industry Growing Local Economies: Benefits of Resort Development and Environmental Preservation in Jericoacoara, Brazil

Posted in Construction, Finance, Hotel, International
When I first visited Jericoacoara in 2002, hotel development and international tourism were just starting to boom. The Brazilian government had recently designated the surrounding landscape as a national park, protected from development and limited in use. Located about 200 miles from the city of Fortaleza on the northeast coast of Brazil, Jericoacoara was originally a … Continue Reading

Colorado Hotel Accused of Reverse Discrimination

Posted in Hotel, Management, Shared Ownership
The Hospitality Lawg would like to thank Holli Hartman for submitting this post.  Holli works in our Denver Office and her practice focuses on employment counseling and litigation, with an emphasis on providing guidance to employers to avoid litigation.  Holli is also a contributor to our sister blog, the Employment Class Action Blog. In a … Continue Reading