Hospitality Lawg

Hospitality Lawg

Commentary on Hospitality Law and Developments

Category Archives: Management

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New Reasons to Protect Trademarks Through Registration

Posted in Management
Taking the proactive step to register trademarks,whenever possible, is vital in today’s online world. Given the proposed release of countless new generic top level domains by ICANN (the governing board of the Internet), having trademark registrations not only in the United States, but in various different regions of the world, likely will greatly assist the… 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

Worthy Read – ARDA’s Survey of HOA Controlled Timeshare Resorts

Posted in Finance, Management, Shared Ownership
The ARDA International Foundation has recently released an interesting study focused exclusively on resorts controlled by home owner associations.  The three academics behind this first-of-its-kind report were looking to “identify those factors that effectively contribute to success or failure in HOA controlled resorts.”    The survey focused on the following broad topics for this important… Continue Reading

Colorado Breaks New Ground – Timeshare Relief Company Regulation

Posted in Finance, Management, Shared Ownership
Last week, Representative Carole Murray introduced HB 12-1116, which has the title “Concerning Deceptive Trade Practices Related to Timeshare Resale Transactions.” With respect to regulation of the traditional resale business, the Colorado bill is similar to the Florida timeshare resale bill that we discussed in a prior post (but thankfully without Florida’s “ratio” disclosure requirement).  However, the Colorado… 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

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

Misclassification of Timeshare Sales Employees Leads to Appointment of Receiver

Posted in Management, Shared Ownership
We previously reported on Whitehead v. Vacation Charters, Ltd., where Vacation Charters, the owner and operator of the Split Rock timeshare resort, was found liable for a class action judgment in excess of $2.2 million for misclassifying sales employees as independent contractors during a three-year period.  We concluded that post by saying:  This case illustrates that attempts to limit… Continue Reading

ARDA Previews 2012 Legislative Efforts

Posted in International, Management, Shared Ownership
The legislative process is constant, as indicated by our recent posts on timeshare/fractional legislation in Florida and Wisconsin.  However, the end of the year is always a good time for both looking back and making educated guesses as to what lies ahead.  The ARDA Government Affairs team put on an hour-long webinar to do just that on December… 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

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

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

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

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

Effective Date Delayed for New H-2B Wage Rule

Posted in Hotel, Management, Shared Ownership
The Hospitality Lawg would like to thank Pam Nieto and Matt Hoyt for helping out with this post.  If you have any questions about the new Wage Rule, H-2B visas, or any other immigration-related matter, feel free to contact Pam at 713.646.1372 or Matt at 614.462.2650. To the delight of the hospitality industry, the Department of… Continue Reading

Speaking of Maintenance Fees . . .

Posted in Finance, Management, Shared Ownership
The September issue of Developments Magazine features an article titled Rx For Your Fiscal Health – Annual Checkup on Your Resorts and HOAs.  In putting the story together, Geri Bain interviewed Kurt Gruber, Baker Hostetler partner and Hospitality Lawg Editor.  Although the article provides insights from a host of industry professionals, we are republishing here Kurt’s comments… Continue Reading

Employees & Social Media – What’s New is Old

Posted in Hotel, Management, Shared Ownership
The Hospitality Lawg would like to thank Leah Williams for contributing to this post.  Ms. Williams focuses her practice on practice on the defense of employers against claims of wrongful termination and discrimination. Click here to read her full Client Alert – NLRB Provides Guidance Regarding Social Media Sities The dawn of Social Media presents several… Continue Reading

Employee Tipping Claims – Hawaii Stiffs Hotelier

Posted in Hotel, Management
The Hospitality Lawg thanks Joyce Ackerbaum Cox for contributing this post.  Joyce represents hospitality companies in a wide variety of employment matters, including discrimination, harassment and wage and hour claims.  Joyce has been ranked as one of the nation’s leading employment and labor lawyers by Chambers USA since 2006. More detail on this case is available at our sister blog… Continue Reading

TripAdvisor Getting Its Own Review

Posted in Hotel, International, Management
Last week, the Guardian reported that the UK Advertising Standards Authority had initiated an investigation of TripAdvisor over false online reviews.  The investigation was initiated by an official complaint filed by, an online reputation management company.  KwikChex reportedly backed up its complaints with months of research on allegedly derogatory and false hotel reviews posted… Continue Reading

The XXX Domain Start Up – Waking Up To Sunrise B

Posted in Hotel, Management
It’s almost time.  No, we aren’t talking Labor Day.  Sunrise B is conveniently scheduled to begin September 7, just after the holiday.  And you thought you were going to relax this weekend. For those who haven’t reviewed our previous posts, Sunrise B is the period during which hospitality companies can block their qualifying trademarks from… Continue Reading

Arbitration – The Possible Price of Inaction Following Concepcion

Posted in Management
The practical impact of AT&T Mobility v. Concepcion is already starting to become apparent.  As reported by Robin Sidel in the Wall Street Journal, large and small financial institutions are beefing up the arbitration language in their consumer agreements.  The article even gives details on how Regions Financial implemented changes to its existing mandatory arbitration… Continue Reading