Bob Braun

Bob Braun

Jeffer Mangels Butler & Mitchell LLP

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Latest Publications


California Does It Again – Data Breach Notification Requirements

California adopted the first breach notification statute in the nation, and prides itself at being in the forefront of consumer privacy and security issues. On October 6, 2015, for the third time in the past three years,...more

10/26/2015 - Breach Notification Rule Data Protection Encryption Jerry Brown New Legislation Notification Requirements Personally Identifiable Information Security and Privacy Controls

There’s a New (Cybersecurity) Sheriff in Town: FTC vs. Wyndham

On August 24, 2015, the Third Circuit United States Court of Appeals issued its ruling in Federal Trade Commission v. Wyndham Worldwide Corporation. The case was highly anticipated by the data security community generally for...more

10/23/2015 - Administrative Authority Appeals Credit Cards Cybersecurity Data Breach FTC FTC v Wyndham Hotels Resorts & Restaurants Security and Privacy Controls Wyndham

No More Safe Harbor – What does that mean to me? EU-U.S. Safe Harbor Framework Invalidated

The Safe Harbor - For 15 years, the Safe Harbor Framework has provided a way for U.S. companies to comply with the EU Data Protection Directive. Under the directive, transfers of personal data from the EU to a non-EU...more

10/23/2015 - Binding Corporate Rules Data Protection Authority EU Data Protection Laws International Data Transfers US-EU Safe Harbor Framework

Condo hotels: Don’t forget the secret sauce!

Condo hotels are back in vogue as “securities” - Developers particularly like the “new model” where condo hotel investments are offered as a “securities” using the new SEC Rule 506(c) for private placements with public...more

12/8/2014 - Condominiums General Solicitation Hotels Private Placements Rule 506(c) SEC

Condo hotel revolution and resurgence: Why developers are using “new breed” of condo hotels for financing - One “little” legal...

We are now at a pivotal point for condo hotels. We are witnessing the complete turnaround in the way developers will structure condo hotel deals — particularly for high-end and luxury properties. This 180 degree turnaround in...more

11/10/2014 - Condominiums Financing General Solicitation Hotels IPO JOBS Act Real Estate Development Real Estate Investments SEC

Comfort Letters - Comfort for Whom?

If you are buying, building or refinancing a hotel, you'll almost certainly be looking to a bank or other lender to finance the hotel, and when you do, you'll need to negotiate dozens of documents, some long, some short, but...more

3/17/2014 - Hospitality Industry Hotel Management Agreements Hotels SNDAs

Hotel Franchise Agreements: 8 Things To Negotiate In Your Next Franchise Agreement

Most branded hotel properties are operated under franchise agreements which are long documents with lots of fine print. They are usually presented to owners as "non-negotiable." This brand position is justified on the basis...more

3/5/2014 - Franchise Agreements Franchises Hospitality Industry Hotels

Let's Clear the Air about Hotel Management Agreements

1. Owners and Managers are not partners. One of the common statements we hear from owners and managers is that the management agreement "aligns the interests" of the owner and the manager, and that the manager is "just like a...more

1/24/2014 - Hospitality Industry Hotel Management Agreements Hotels

Brand Franchise Issues in Hotel Purchase and Sale Transactions

Key issues for buyers and sellers of branded hotels operating under franchise agreements. Buying or selling a hotel operating under a brand name requires special attention – the existing franchise agreement will be...more

1/17/2014 - Brand Franchise Agreements Franchises Hospitality Industry Hotels

California’s Do Not Track Amendments

Effective January 1, 2014, amendments to the California Online Privacy Protection Act (“CalOPPA”) require all commercial websites and online services that collect personally identifiable information (“PII”) to include...more

1/17/2014 - CalOPPA Cybersecurity Data Protection Do Not Track Internet Personally Identifiable Information Privacy Laws

The Target and Neiman Marcus breaches: What hoteliers need to know

The Target and Neiman Marcus problem. The massive security breach of Target's customer data may affect more than 110 million Americans -- potentially about 1 in 3 persons living in the United States. Followed in quick...more

1/15/2014 - Credit Cards Cybersecurity Data Breach Data Protection Hospitality Industry Hotels Neiman Marcus Target

California Proposition Would Expand Duties and Liabilities for Collecting Personal Information

On September 26, 2013, the California Secretary of State allowed proponents of a new ballot proposition to collect signatures for the “Personal Privacy Protection Act.” The Act, if approved, would radically change the privacy...more

10/7/2013 - Personally Identifiable Information Privacy Laws

Cyber Security: The long arm of the law gets a little longer

New case from the second circuit in NY - Multinational companies, like hotel companies, often face challenges in enforcing claims against their employees and agents located in foreign jurisdictions. In December 2012, a...more

4/11/2013 - Confidential Information Cybertheft Employee Handbooks Foreign Jurisdictions Misappropriation Trade Secrets

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