Jim Butler

Jim Butler

Jeffer Mangels Butler & Mitchell LLP

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Why NOW may be the best time for developers to start EB-5 financing

Is there a serious risk that EB-5 will expire September 30, 2016? Anything is possible when Congress is in session, but none of the experts we talk to believe that the EB-5 program will be allowed to lapse....more

8/23/2016 - EB-5 EB-5 Regional Centers Financing Legislative Agendas Real Estate Development

Industry fundamentals are good now and will continue to improve

Hotel industry fundamentals are good, and will continue to improve. But the hotel industry is being punished by the disconnect between the investment community of Wall Street and actual performance of the hotels on Main...more

5/23/2016 - Acquisitions Commercial Real Estate Market Financing Hospitality Industry Hotels Investors Professional Conferences

The 2016 LIIC Top Ten: The annual survey of lodging investment trends and challenges

(Denver, CO) For well over a decade, the members of the hotel industry’s preeminent think tank, “LIIC – The Lodging Industry Investment Council,” are annually surveyed to develop a list of the major hotel investment...more

5/13/2016 - Acquisition Finance Commercial Real Estate Market Cuba Hospitality Industry Hotels Interest Rates Investment Opportunities Minimum Wage Property Valuation Surveys Underwriting

Federal Judge Takes Decisive Action to Protect Hotels from ADA Abuse by a High Frequency Litigant

In a rare and decisive action, a Central District Court Judge dismissed an Americans with Disabilities Act (ADA) lawsuit filed by an Arizona disabled plaintiff who has recently filed a wave of over 70 ADA lawsuits against...more

5/12/2016 - ADA Dismissals Failure To State A Claim Hospitality Industry Hotels

EB-5 financing accelerates in 2016 and favors (1) Hotels, (2) Mixed-Use and (3) Multifamily as top 3 targets for EB-5 funding.

Hotel Lawyer in Los Angeles at the latest EB-5 Summit - If you have been thinking about tapping into EB-5 financing for your development project, this is the time to make your decision and act quickly. If you need...more

3/4/2016 - Capital Raising EB-5 EB-5 Regional Centers Hospitality Industry Investors

Hotel Lawyer at the ALIS hotel conference in Los Angeles — A turnaround in hotel investor sentiment? Was that just a raindrop or...

Hotel Lawyers with first signs of a sea change in investor sentiment about the hotel sector - As our team of hotel lawyers returns from the Americas Lodging Investment Summit (or ALIS) in Los Angeles, we all noticed a...more

2/5/2016 - C-Corporation Financing Great Recession Hospitality Industry Investors REIT

EB-5 Immigrant Visa program extension signed into law — without any changes. EB-5 financing continues for new development...

Hotel lawyer with great news for developers: the EB-5 immigrant visa financing program has been renewed — approved by Congress and signed by the President. It is being continued without change through September 30, 2016....more

12/31/2015 - Appropriations Bill China EB-5 Regional Centers Hotels Popular Project Finance Real Estate Development

Outlook 2016: The new rules for developers raising inexpensive capital with EB-5 financing for hotel, hotel condo and mixed-use...

Hotel Lawyer preview of the new EB-5 financing rules. Although minor tweaks and adjustments continue to be made to legislation in the final hours before Congress votes, it looks like we have a pretty good idea of what...more

12/16/2015 - Capital Raising EB-5 EB-5 Regional Centers Hospitality Industry Hotels Land Developers

Wi-Fi blocking is illegal. FCC fines Hilton Hotels and M.C. Dean over Wi-Fi blocking in two new actions

FCC takes two enforcement actions on Wi-Fi - On November 2, 2015, the FCC issued two separate news releases on Wi-Fi blocking. In one action, the FCC announced a $718,000 fine against M.C. Dean, one of the nation’s...more

11/10/2015 - Blocking Statutes Enforcement Actions FCC Hilton Hotels Wi-Fi Hotspot

EB-5 legislative update: EB-5 Regional Center Program is extended, Senate bill proposes making program permanent

We are pleased that the Continuing Resolution passed by Congress yesterday includes a temporary extension of the EB-5 Regional Center Program. This extension allows the program to continue generating foreign direct investment...more

10/8/2015 - EB-5 Economic Development Foreign Investment Job Creation Proposed Legislation Real Estate Development Targeted Employment Area Time Extensions

FCC says blocking FCC-approved Wi-Fi hotspots is “patently illegal” and imposes $750,000 fine on Smart City.

Blocking Wi-Fi connections is “patently unlawful”. On August 18, 2015, the FCC announced a $750,000 civil penalty and formal Consent Decree with Smart City Holdings for blocking consumers’ personal Wi-Fi access at...more

10/5/2015 - Communications Act of 1934 Consent Decrees Enforcement Actions Enforcement Guidance FCC Hotels Hotlines Marriott Mobile Devices Wifi

Hotel Lawyer on EB-5 developments? What’s happening with EB-5 renewal legislation?

EB-5 is at a critical renewal point. The next 3 weeks are going to be crucial for the EB-5 industry as the current legislation sunsets on September 30, 2015. While the consensus is that this important program will be...more

10/5/2015 - EB-5 Financing Foreign Investment Foreign Nationals Legislative Agendas Project Finance Real Estate Development Regional Centers

City of Los Angeles v. Patel — US Supreme Court voids LA ordinance requiring hotel operators to turn over guest records on demand

US Supreme Court voids Los Angeles ordinance requiring hotel operators to turn over guest records on demand. In a 5-4 opinion rendered on June 22, 2015, the United States Supreme Court held that a Los Angeles municipal...more

7/1/2015 - City of Los Angeles City of Los Angeles v Patel Due Process Guest Registry Hotels Judicial Review Local Ordinance Right to Privacy SCOTUS Warrantless Searches

Succession planning for the family-owned hospitality business

Succession planning for the family-owned hospitality business: protecting your family and your business - The hospitality industry has been kind to families over the centuries, providing a good living for many, and...more

2/23/2015 - Estate Tax Family Businesses Hospitality Industry Hotels Small Business Succession Planning

Polis Bill Reform EB-5 Immigrant Investor Program

With the regional center program set to expire in September 2015, the EB-5 industry has been given new life in the form of the American Entrepreneurship and Investment Act of 2015. The Act was introduced today by Congressmen...more

2/5/2015 - EB-5 Immigrant Investment Visas Legislative Agendas Proposed Legislation

ADA Defense Lawyer: New ADA standards for website accessibility

Since at least 2000, the U.S. Department of Justice (DOJ) has been advocating standardized website development and content to promote access to blind and low vision internet users. In 2013, the DOJ withdrew its proposed...more

1/9/2015 - ADA DOJ NPRM Website Accessibility Websites

The shrinking terms of hotel management agreements - Better bargaining position for hotel owners on HMAs

The relationship between hotel owners and managers continues to evolve. Hotel management agreements historically were long-term. Fifty to sixty year terms were common. However, in the last few years, hotel owners have...more

12/30/2014 - Contract Negotiations Franchises Hospitality Industry Hotel Management Agreements Hotels

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

Prediction 2015: Chinese investment wave will create many opportunities in the US

As the Chinese economy continues to become more important globally, we are seeing a shift in Asian investment in the United States, particularly in California. Chinese investors will become even more active and influential...more

11/18/2014 - China Economic Development Foreign Investment Popular

Using condo hotels for financing new hotel development: The traditional condo hotel structures as “non-securities”

A properly structured deal is critical to success - Perhaps the greatest satisfaction of working in the real estate industry is that a single transaction can produce so many winners. Properly structured deals can offer...more

11/11/2014 - Condominiums Debt Financing Hotels Real Estate Development Real Estate Investments Section 1031 Securities

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

Marriott signs FCC Consent Decree and agrees to pay $600,000 civil penalty for Wi-Fi blocking

Have you ever wondered why your cell phone or personal Wi-Fi hot spot does not seem to work in some hotels? As more business and leisure travelers equip themselves to stay in constant communication with their work...more

10/13/2014 - Cell Phones Civil Monetary Penalty Consent Decrees FCC Hospitality Industry Hotels Internet Marriott Mobile Devices Wifi

Los Angeles is the New Magnet for Real Estate Investment

After so many years of being off everyone’s screen, Los Angeles has suddenly become one of the hottest markets for real estate investment. Roger Vincent’s article of October 4, 2014, in the Los Angeles Times provides some of...more

10/13/2014 - Real Estate Market Urban Planning & Development

FAQs about the ADA’s legal requirements for service animals

Here are some of the most Frequently Asked Questions on service animal issues under the Americans with Disabilities Act or ADA. What qualifies as a “service animal?”... ...more

9/29/2014 - ADA Disabilities Service Animals

EB-5 Visas and China “Retrogression” – What’s it all about?

In the past, when China exceeded its 7% allocation of US Immigrant Investor Visas (EB-5 visas), Chinese applicants were permitted to take advantage of unused EB-5 visas allotted to other countries. But as of the last week of...more

9/18/2014 - China Commercial Real Estate Market Corporate Counsel EB-5 Financing Hospitality Industry Hotels Popular Real Estate Development Retrogression USCIS

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