Ms. Cadwalader

Lynn K. Cadwalader

Partner

DLA Piper

Lynn K. Cadwalader represents clients investing in acquiring, developing and operating hotels and mixed-use projects in the United States and internationally, including Latin America and the Caribbean. Ms. Cadwalader’s practice has recently expanded to include providing legal and business advice to foreign investors seeking to invest in hospitality and real estate assets in the US, as well as representing hotel owners and developers in structuring investments through the EB-5 immigrant visa program.

Ms. Cadwalader represents private equity firms, developers, owners and operators in all facets of hospitality and mixed-use real estate investment and development, including both single property and complex multi-state portfolio transactions. Through her many years of practice in this hospitality sector, she understands the business, operational and legal aspects involved in negotiating the key transaction documents involved in this area, including purchase and sale agreements, hotel management agreements and related sales and marketing, pre-opening and technical service, and development agreements.

Ms. Cadwalader is well known for her ability to craft workable solutions to tough legal and business issues. Her clients think of her as a business advisor as much as a lawyer. Many of her projects in the mixed-use area involve a sophisticated blend of concepts and uses contained in one integrated campus, requiring extensive planning and coordination of all components of the project to insure seamless operation. Ms. Cadwalader is adept at creating hotel mixed-use legal structures that take into account varying uses and operational needs.

More specifically, her work in the hotel and mixed-use development area involves structuring the relationship between the hotel operator, the developer, key retail tenants, the master condominium and residential unit owners, and the owners associations governing the project, drafting and negotiating the hotel management and license agreements the CC&Rs and other documents that implement this structure and govern the complex relationships between the interested parties, structuring unit rental programs and related agreements, and advising on applicable real estate and securities law involved in the offer and sale of any project residential units, as appropriate.

Internationally, this work has involved structuring and implementing mixed-use condominium and hotel projects in countries with laws that do not anticipate such structures or the hotel's need for control over the entire project in connection with hotel operations and maintenance of hotel brand standards. Ms. Cadwalader’s practice in this area has involved representation of hotel owners and operators in structuring and negotiating branded mixed-use communities and hotel projects, including the negotiation of the hotel management agreements, license agreements, pre-opening agreements and technical service agreements. She has been highly sought after by hotel operators and developers entering foreign countries and adapting local laws to the needs of hotel operations. Ms. Cadwalader, working with local counsel in foreign jurisdictions, has created and implemented novel structures to address these hotel operational concerns.

Ms. Cadwalader is a frequent speaker at hotel, hospitality and mixed-use development industry conferences.

Please visit http://www.dlapiper.com for more information.

Ms. Cadwalader can be contacted at 415-615-6050 or lynn.cadwalader@dlapiper.com

Coming Up In The May Online Hotel Business Review




Feature Focus
Eco-Friendly Practices: The Value of Sustainability
The hotel industry continues to make remarkable progress in implementing sustainability policies and procedures in their properties throughout the world. As a result, they continue to reap the benefits of increased profitability, enhanced guest experiences, and improved community relations. In addition, as industry standards are codified and adopted worldwide, hotels can now compare how their operations measure up against their competitors in terms of sustainable practices and accomplishments. This capacity to publicly compare and contrast is spurring competition and driving innovation as hotels do not wish to be left behind in this area. Water management and conservation is still a primary issue as population growth, urbanization, pollution and wasteful consumption patterns place increasing demands on freshwater supply. Water recycling; installing low-flow fixtures; using digital sensors to control water usage; and even harvesting rainwater are just a few things that some hotels are doing to preserve this precious resource. Waste management is another major concern. Through policies of reduce, reuse and recycle, some hotels are implementing “zero-waste” programs with the goal of substantially reducing their landfill waste which produces carbon dioxide and methane gases. Other hotels have established comprehensive training programs that reinforce the value of sustainability. There is employee engagement through posters and quizzes, and even contests are held to increase innovation, sensitivity and environmental awareness. Some hotels are also monitoring a guest’s energy usage and rewarding those who consumed less energy with gifts and incentives. The May issue of the Hotel Business Review will document how some hotels are integrating eco-friendly practices into their operations and how they and the environment are benefiting from them.