In Section 4.13 of Bishop & Zucker on Nevada Corporations and Limited Liability Companies, we discuss who may be liable on pre-incorporation contracts. In Hotel Last Frontier Corp., v. Universal Match Co., 358 P.2d 896 (Nev....more
A recent decision of the New York state appellate court has given hotel owners a new way to override contract provisions in long-term property management agreements and oust hotel managers from managing the property. In...more
As we near the end of the regular session of the Texas legislature (May 27), we wanted to give you a quick update on the status of various proposed nonsubscriber-related bills. Similar measures to these have been proposed...more
The Illinois Swimming Facility Code and accompanying regulations contain requirements on virtually every aspect of swimming pool operation and maintenance. The Illinois Department of Public Health (IDPH) enforces these...more
The first eight reported lawsuits have been filed against eight different hotels over their alleged failure to install pool lifts for the disabled. It didn’t take long. The lawsuits rely on the Department of Justice’s (DOJ)...more
If you have been following us here on the New Miami Blog, you know (i) the hotel market in Miami is seemingly getting hotter every month and (ii) Miami is one of the most active hotel investment markets in the...more
A recent decision in the protracted litigation by lenders of Extended Stay to recover under guaranties executed by owners of Extended Stay highlights the need for clear and unambiguous drafting in intercreditor agreements....more
Federal emergency housing assistance for people displaced by Hurricane Sandy is scheduled to expire on Friday, Feb. 8, unless the Federal Emergency Management Agency announces an extension. That means families whose...more
In September 2012, the Ministry of Commerce (“MOFCOM”) issued the Administrative Measures on Single Purpose Commercial Prepaid Cards (Tentative) (“Single Purpose Cards Measures”), which took effect on Nov. 1, 2012, and...more
As funding slowly returns for hotel properties, lenders should be more cautious when underwriting hotels as collateral for loans. Unlike other types of commercial real estate properties such as retail, office or multifamily...more
Funding is returning slowly for hotel properties, as many lenders have learned the hard way that hotels can be tricky collateral. Commercial mortgage brokers can expect these lenders to be more cautious when reviewing hotel...more
Do owners and operators drive the legal structure of hotel management agreements? They should, but some courts have concluded that principles of agency trump the bargain struck by sophisticated, well-represented parties that...more
It's a given that hotel owners and operators will have disputes. Some of those disputes, such as the annual budget, are easily susceptible to resolution, while others may result in the termination of the management agreement...more
That is the question. The answer is really more about how to mediate, rather than whether to mediate. It’s also about when to mediate...more
Current Legal Issues in Hotel Management Agreements in Russia January 2011 This article summarizes the principal legal issues in hotel management in Russia that hotel developers and operators are following in Russia...more
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