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Hotel Management Agreements

Hotel Lawyer: 5 Tips for Your Next Hotel Management Agreement (HMA) - By Jim Butler

After over a year of uncertainty and economic upheaval, the hospitality industry is quickly beginning to recover from the effects of the coronavirus. As hotels welcome an increased number of visitors, many owners are considering how to improve the management of their properties. One of the best ways to do this is to have a good management agreement in place. In this article, my colleague Bob Braun suggests some key things to keep in mind when drafting a new agreement.

Property Assessed Clean Energy (PACE) Financing

PACE Financing Lawyer - New York Opening PACE - a Big Opportunity! - By Jim Butler

PACE financing guidelines are finally available for New York City, and while the program has not officially launched yet, hotel owners and developers in the area should start planning how to use these loans to retrofit their properties. My Partner David Sudeck discusses the program requirements.

Fair Use
Google stall at an event in Germany - Unsplash Rajeshwar Bachu

Hotel Lawyer: How Does the Supreme Court’s Google V. Oracle Case Impact the Hotel Industry? - By Jim Butler

The recent ruling in Google v. Oracle has altered the definition of 'fair use' when it comes to functional works such as code. While the use of existing creative works must still be transformative in order to avoid violating copyright laws, it will now be much easier to claim fair use when building on existing functional creations. JMBM’s Entertainment Litigation Chair Jeff Goldman explains the case below and discusses its potential impact on the hotel industry.

Money Laundering

Hotel Lawyer - New Rules for Anti-money Laundering Compliance? FinCEN Seeks Comments on New Federal Anti-Money Laundering Law - By Jim Butler

The Treasury Department’s Financial Crimes Enforcement Network (FinCEN) is currently accepting public comments on a provision in the recently enacted Corporate Transparency Act (CTA) which requires some privately-held business entities to disclose ownership information directly to a law enforcement agency. Interested parties should consider commenting before the May 5th deadline, and companies who may be impacted should take this opportunity to review their anti-money laundering compliance programs.

ADA Lawsuits

ADA Defense Lawyer: California's Central District Tries to Curb ADA Lawsuits - By Jim Butler

California has seen an explosion of ADA cases in the past few years, leading the state to impose strict pleading standards and high filing fees for serial litigants. Litigants have previously found their way around this by filing in federal court, but the courts have made it clear that they will decline supplemental jurisdiction in these instances. Martin Orlick, Chair of JMBM’s ADA Compliance & Defense Group, explains.

COVID Relief Bill
Folder stack - Unsplash

Hotel Lawyer on PPP2 and the COVID Relief Bill's Changes to Paycheck Protection Program - By Jim Butler

We have a new PPP Loan authorization bill out of Washington, after months of political wrangling. Congress could have done more, but they did provide for up to $2,000,000 in additional forgivable loans per borrower, along with provisions which specifically cater to the hospitality industry. As Jay Thompson and other members of our Corporate team write below, Congress has made obtaining a PPP loan and getting forgiveness for that loan easier.

ADA Website
A hotel web site on various mobile devices - Source HeBS Digital/NextGuest

ADA Website 'Tester's' Lawsuit Dismissed - Again - By Jim Butler

As websites become a larger consideration for hotel owners hoping to avoid ADA lawsuits, courts have repeatedly dismissed claims by 'testers' who visit hotel websites without any clear intention of visiting the hotel itself. A judge in the US District for the District of Maryland has ruled a third time that a serial tester does not have standing to sue.

COVID-19 Vaccination
This 2009 image depicts a healthcare practitioner as he was administering the H1N1 live attenuated intranasal vaccine (LAIV) - Unsplash

Mandatory COVID Vaccinations: Can/should Hotels Require Employees to Take the Shots? What Are the Legal and Business Considerations? - By Jim Butler

My partner Travis Gemoets regularly advises the hospitality industry on a wide range of labor and employment legal issues. He has decades of expertise negotiating with labor unions, guiding businesses on closings, reopenings, and dealing with regulatory issues, and defending class actions. Below is his latest update on the important issue of mandatory vaccination.

Emotional Support Animals
In this image, captured at Chicago’s O’Hare International Airport, Enya, a Customs and Border Protection (CBP) dog, had sniffed out a possible banned item in baggage claim. - Unsplash

ADA Defense Lawyer: Emotional Support Animals Cannot Fly for Free Anymore - By Jim Butler

Martin Orlick, Chair of JMBM’s ADA Compliance & Defense Group, has written an article giving some context to this decision and outlining what animals will be allowed to join passengers on commercial flights. Hotel owners should be aware that while this rule change only applies to airlines, they do not have to permit emotional support animals on their property.