Hotels

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Texas Court Lays Out a Useful Roadmap of the Defenses to a Hailstorm Claim

Hailstorm claims for damage to roofs often involve belated notification that an already old or damaged structure has been further compromised. In a recent Texas case, the court provided a primer for carriers confronting such...more

Court Draws Line Against Union Hotel Boycotts: National Labor Relations Act Bans "Secondary Boycotts"

A recent decision of the federal appeals court in Chicago gave hotel operators some welcome protection against union-organized boycotts arising from a labor dispute. In that case, 520 S. Michigan Ave. Associates, Ltd. v....more

Private Equity's Inversion Excursion: Pepper Hamilton Talks Tax With the Deal  [Video]

In this interview with The Deal’s Jon Marino, Pepper Hamilton LLP's Joan Arnold, a partner who heads the firm's tax group, says Pfizer’s play for AstraZeneca isn’t the only inversion deal being sought. There are no shortages...more

Frequently Asked Questions about EB-5 project financing for new hotel development

Why is there so much buzz about EB-5 financing? In the last five years, EB-5 financing has become extremely popular in development circles and is being widely used by mainstream, institutional players including...more

Condo Hotel Branding: Benefits and New Risks with Rule 506(c) - Condo Hotel Projects Sold as Exempt Securities Require Informed...

Condominium hotels are a subject of renewed interest, buoyed by the rising tide for real estate generally. These projects are also encouraged by favorable trends for financing under the SEC's new Rule 506(c) that allows...more

Hotel development & EB-5 financing: Why you don’t want to form your own regional center

How should hotel developers go after EB-5 financing? Although the EB-5 immigrant visa program has been around since 1990, the current trend of using this as a source of financing for hotel development began only three...more

The 5 questions every hotel developer is asking about EB-5 financing

In seeking to access EB-5 financing, our developer clients have asked a lot of questions, but most of them can really be summed up in the following 5 questions: 1. Will EB-5 work for me on my project? 2. How much...more

Third Circuit to Consider FTC’s Authority Over Data Security Standards in FTC v. Wyndham

We have written previously about the FTC’s action arising out of the data breach suffered by the Wyndham hotel group, and the company’s petition for permission to pursue an interlocutory appeal regarding the FTC’s use of its...more

Hotel Reassessment Invalid When LLC Owning Hotel Sells 100 Percent Membership Interest But No Person Or Legal Entity Obtains More...

The rule set out in California Code of Regulations Title 18 Section 462.180(d)(1)(B) provides there is a change in the ownership of real property owned by an LLC, "when any corporation, partnership, LLC, or any person… obtain...more

Diligence in Hotel Lending

The hotel industry appears to be on an uptick, which is good news for lenders. Hotel construction in May 2014 is up over 13% from the same time period in 2013. Moreover, record high occupancy rates and low supply could...more

Hotel Tax Increases and Philadelphia Cigarette Tax

At this writing, a bill authorizing certain counties to impose or increase their hotel taxes remains pending before the Pennsylvania House for concurrence on Senate amendments. Authorization of a local option Cigarette Tax...more

Hotel Meeting Contracts: Navigating Legal Issues for Successful and Profitable Meetings

In this presentation: - General Negotiation Overview - Hotel Contract Issues - Convention Center Contract Issues - Other Meeting Contracts - Questions - Excerpt from General...more

Miami Beach — New Hotbed For Boutique Hotel Deals

No longer are the major hotel flags of the world the only ones taking their talents to South Beach. Boutique hotels are becoming the focus of the Miami hospitality market at a time when investors are pouring millions into...more

Commercial Restructuring & Bankruptcy Newsletter - June 2014

In this issue: - Are Breakup Fees at Risk? - Credit Bidding Rights Limited, Capped by Debt Purchase Amount - Court Upholds Creditor’s Security Interest Despite Post-Petition Lapse of Financing Statement...more

Ocean Avenue LLC v. County of Los Angeles Affirmed; AB 2372 Passes Assembly

On June 3, 2014, in a published decision, the California Court of Appeal for the Second Appellate District affirmed the Superior Court ruling in Ocean Avenue LLC v. County of Los Angeles, holding that even though 100 percent...more

Donald Trump Sanctioned for Failure to Disclose Insurance Policy In Ft. Lauderdale Condo-Hotel Case

Last week, Judge Kathleen Williams of the U.S. District Court for the Southern District of Florida granted plaintiffs’ motion for sanctions against Donald Trump for his initial failure to disclose a relevant insurance policy...more

Hotel Lawyer: What is happening with Chinese real estate companies investing in banks?

Concerns over a real estate bubble in China - For decades, China was referred to as the “sleeping giant.” This reference is to the great potential impact of the country, its vast population, and its economy, but also...more

Hotel Lawyer: Growing Together — China and Los Angeles County

The growth of outbound Chinese investment - Earlier this month we posted an article about the surge in Chinese investment as reported by Tiffany Hsu in the Los Angeles Times. See, “China and JMBM’s Chinese Investment...more

Editorial: New Hotbed For Boutique Hotel Deals

No longer are the major hotel flags of the world the only ones taking their talents to South Beach. Boutique hotels are becoming the focus of the Miami hospitality market at a time when investors are pouring millions into...more

Hotel Lawyer in New York: Mood of the New York hotel conference

2014 NYU Hotel Investment Conference - Last night (Sunday, June 1, 2014), the NYU hotel conference kicked off with its gala grand opening party. With about 2,300 people attending this year, the energy is high and a...more

Bankruptcy Beat : Choice of Law & Liquidated Damages Analyses Result in Significant Reduction of Creditor’s Claim

In the context of an objection to claim proceeding, the Bankruptcy Court (Dabrowski, J.) engaged in choice of law and liquidated damages analyses and as a result disallowed approximately a million dollars of Best Western’s...more

Lodging Industry Investment Council’s Top 15 Member Quotes

The Lodging Industry Investment Council (LIIC) is the hotel industry “think tank” whose membership includes the hospitality industry’s most influential investors, lenders, corporate real estate executives, REITs, public hotel...more

MoFo New York Tax Insights - Volume 5, Issue 6 - June 2014

In This Issue: - New York Court Grants Airbnb’s Motion to Quash Attorney General’s Subpoena - New York City UBT Ruling Allows Broker-Dealer Sourcing for Non-Registered Broker-Dealers - ALJ Dismisses Action as...more

San Diego Transient Occupancy Tax is Calculated by the Amount Received by Hotel Operators, Not Amount Received by Online Travel...

Cities throughout California impose transient occupancy taxes ("TOT") on hotel occupancy. In In re Transient Occupancy Tax Cases (2014) --- Cal App 4th ----, the Court of Appeal held that San Diego's TOT ordinance is...more

Hotel Lawyer in Los Angeles: Why does it seem like everyone wants to build or buy a hotel in downtown LA? It’s the “Renaissance of...

The coolest new downtown in America - If you haven’t been to what the cognoscenti now call “DTLA” (downtown Los Angeles) for a while, you might not recognize it. Gone are the days the sidewalks were rolled up at 5:00...more

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