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    Real Estate (Hospitality)

 

  • Unique combination of legal and architectural perspective for consultation on a variety of issues covering the hospitality operations such as casinos and gaming (whether as a facility or online), luxury condominiums (whether for investment, ownership or timeshare, or as condominium hotels), golf courses, ground leases (whether from governmental agencies or private parties), hotels, mixed-use resort projects (such as branded residential, casino, marina or golf components, fractional, condominiums, resort hotels integrated with timeshare), spas, sports clubs and timeshares (such as timeshare right-to-use issues).

 

  • Representation for the financing and building of facilities for the healthcare industry (such as assisted living, long-term rehabilitation centers, long-term residential health care, nursing facility management, nursing homes), the hospitality industry, (such as large institutional food service providers, private catering services, restaurants and nightclubs), as well as owners and operators, support services and supply companies (such as including laundry, maintenance, office support services and hotel and restaurant suppliers for hotels and restaurants), travel and tourism owners and operators (such as travel agents, tour operators, and tourist transportation companies).

 

  • Representation for the general aspects of hospitality industry transactions, such as commercial and retail leasing, construction contracts (whether for new construction or renovation projects), corporate and LLC formation, employment law and litigation, financing matters, government licenses and permits (including cabaret licenses, liquor licenses, sidewalk café permits, food protection certificates), management and joint venture agreements, real estate transactions (including all aspects of development, real property acquisition, land use and zoning issues), structuring business purchases and sales, title work, trademark matters.

 

  • Consultation on labor and employment law relating to hospitality services, such as compliance with the Americans with Disabilities Act, disability laws, Fair Housing, Equal Credit Opportunity Act, Family Medical Leave Act, Occupational Safety and Health Regulation (OSHA), wage and hour laws, Workers’ Compensation, collective actions, collective bargaining (such as implementing economic distress clauses, operation efficiency provisions, and the elimination of past practice restrictions), discrimination complaints (such as gender, pregnancy and gender discrimination liability under a maternity leave act, race and non-standard claims), employment contracts, employee handbooks, employee benefits (such as reducing multi-employer withdrawal liability, and restructuring a medical plan to save future costs and comply with new health care requirements), ERISA compliance, immigration issues, independent contractors, internal compliance audits, litigation, non-compete agreements, union organizing, wage-hour class actions (such as the misclassifications of exempt employees, the treatment of service charges, tip pooling, overtime calculations, and other payment issues), worksite enforcement, related to a foreign entity opening hotels in the United States and developing a strategy covering all aspects of such openings – including the drafting of the applications, employee policies, hiring screening, interviewing advice, management training).

 

  • Drafting and negotiation of hospitality-related agreements, such as for amenities use, financing, franchising, joint ventures, management, marketing, purchase and sale, and negotiation of relationships with exchange companies.

 

  • Preparation of the governing documents for projects, such as articles of incorporation, bylaws for the community association, conditions and restrictions, declaration of covenants, and other ancillary documents, as required.

 

  • Development of timeshare and fractional ownership products (such as fixed-week, single-site, point-based, multi-site vacation clubs) and advice regarding legislation affecting the timeshare industry.

 

  • Familiarity with personal property issues related to timeshare plans, such as including a personal property component in a timeshare regime and restructuring a branded timeshare business through the use of a timeshare trust structure).

 

  • Researches laws and regulations in response to internal inquiries or needs regarding regulatory compliance.

 

  • Consultation on complex zoning and land use issues (such as in New York City) that can affect conversion of existing hotel properties into condominium-hotels.

 

  • Drafting and negotiation of the documentation needed to buy, sell, develop or manage golf and country clubs (including agreements for easements, employment, financing, maintenance, management, purchase and sale, operating).

 

  • Real estate-related litigation, including claims for acceleration, breach of contract, changed conditions, construction defects, delay damages, eminent domain, environmental and land use issues, foreclosures, franchise terminations, hidden conditions, lender's liability, management defaults, royalties, specific performance, title defects, code violations (including building code, health code, and noise code), and obtaining permits (such as fire safety).

 

  • Bankruptcy, commercial workouts, evictions, problem loans, loan restructuring, with a particular attention to the unique issues resulting from a hotel or resort in financial difficulties with creditors.

 

  • Federal and state consumer credit and consumer protection compliance, including Federal Trade Commission laws and regulations, Real Estate Settlement Procedures Act (RESPA), Truth-in-Lending and telemarketing laws.

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   Last updated 200721_2037

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