Hospitality Law
Theodore C. Max
  • Hospitality Law
  • The Confluence of Fashion and Hospitality: A Primer on the Legal Considerations
  • Coco Chanel said that “Fashion is not something that exists in dresses only. Fashion is in the sky, in the street, fashion has to do with ideas, the way we live, what is happening.” Social media and the Internet have put global fashion at consumers’ fingertips. Fashion is no longer an industry of just brands, but also one of lifestyle choices and luxury experiences. Fashion can be food and dining experiences. One can now enjoy a Ralph Lauren hamburger in Paris at Ralph’s, drink a Cavalli vodka martini at the Cavalli Club in Dubai, or feast on Scottish oysters on Alfred Dunhill’s “Oyster Night at Alfie’s” in Shanghai. Chanel, Dsquared 2, Ralph Lauren, Bulgari, Armani, and Cavalli all have luxury restaurants at hot spots around the world. Read on...

Ben  Hanuka
  • Hospitality Law
  • Conflicts Between Franchise Agreements and Operating Manuals: A Canadian Perspective
  • The vast majority of franchise systems, including hotel systems, depend on operating standards, procedures and policies. These requirements are typically contained in a franchise operating manual that is separate from a franchise agreement. Particularly in established hotel franchise systems, operating manuals tend to be comprehensive and often complex documents. They may contain extensive requirements with respect to virtually every aspect of the operation of the hotel, from the brand and quality assurance, to the use of technology. Read on...

Lema Khorshid
  • Hospitality Law
  • Building Your Brand by Managing Your Intellectual Property
  • With new players constantly opening their doors, the hotel industry has become an extremely competitive game. One day, a hotel is the only one of its kind in its ZIP code, and the next, one opens around the corner and another right across the street. Hotel companies and operations constantly innovate novel and differentiated concepts to draw new customers in, and as a result the hospitality industry bears a surplus of very comparable brands. Whatever the concept and whatever the location, hotel executives need to differentiate their properties from the mass of competition. Using both the law and business of brands is the best tool at the hotel executive’s disposal. Read on...

Justin Thompson
  • Hospitality Law
  • The Current Legal State of Hotel-Condo Development
  • A couple of notable recent legal developments have paved the way for a resurgence in developer interest in condo hotel projects. This is especially true in major luxury markets across the U.S., such as Los Angeles, San Francisco, Miami and New York, where numerous condo hotel projects are in the development and pre-sale phases. By way of background, a condo hotel is a condominium project located immediately adjacent to or within a hotel. In a condo hotel project, the condominium unit owners are entitled to certain hotel amenities by virtue of their unit ownership. Many unit owners elect or are restricted from living in their condo hotel unit year round; when the unit is not occupied, it is rented. Read on...

Rob Elvin
  • Hospitality Law
  • Health and Safety in the UK Hotel Industry
  • There have been a significant number of cases reported in the press recently in relation to hotels that are being prosecuted for health and safety breaches. The increased visibility of such cases highlights a need for stronger emphasis on compliance within the industry. This article aims to increase awareness of health and safety issues amongst hoteliers by examining key health and safety obligations in relations to hotels; considering the legal, reputational and financial impact of failures to comply with health and safety duties; and providing some practical examples of how to ensure compliance with legal obligations. Read on...

Robert E. Braun
  • Hospitality Law
  • Not Just Heads In Beds – Cybersecurity for Hotel Owners
  • The basics of the hotel business have traditionally been simple: good location, fair prices, appropriate amenities and good service were the keys to success. While those factors are important today, hotels are no longer simply a “heads in beds” business; hotels are increasingly brand-oriented. Brands focus not only on the services and products they sell, but on developing the perception and recognition of the brand associated with those goods and services. That means that hotels, like all brands, need to focus more and more on understanding their customers and how to reach them, whether through loyalty programs, advertising, social media or otherwise. Read on...

Lema Khorshid
  • Hospitality Law
  • Occupancy and Operations Tips For Your Hospitality Business
  • It is no surprise that hospitality businesses often experience an uptick in customer traffic and interest as the weather warms, local residents emerge from their winter shells to frequent local hot spots and drive up to their familiar weekend getaway locations, and out-of-town tourists flood popular entertainment districts for days at a time seeking great hotels, restaurants and attractions. In fact, an annual report released by Adobe in May revealed that U.S. consumers are expected to spend $65 billion online on summer travel this year. Read on...

Marc Stephen Shuster
  • Hospitality Law
  • What is the Future of Hotels Now that Millennials are the Largest Generation (in the U.S.)?
  • Whether it is Hyatt Centric, Canopy by Hilton, AC Hotels by Marriot, Vib by Best Western Hotel, Radisson Red, or OE Collection from Loews Hotels, established hotel chains are deploying a new strategy to address the ever growing buying power of Millennials. These chains are creating new brands that specifically cater to Millennials. In fact, besides the established Hotel companies, new chains are being, or have been, created to address the Millennial generation, or there corporate ownership is being disguised. The focus on Millennials by hotel companies is not just a U.S. trend; it’s worldwide. Read on...

Marc Stephen Shuster
  • Hospitality Law
  • Investigating Sexual Harassment Claims: A Guide for Hospitality Employers
  • Although some claims of sexual harassment made by hotel and restaurant employees may not prove to be true, an employer’s failure to properly address sexual harassment complaints may render the employer liable for significant damages to a prevailing employee. Once an employee has complained of sexual harassment, an internal investigation is necessary to address and resolve the claim. This article describes best practices to take when conducting an internal investigation of a sexual harassment claim. This article also describes policies and procedures an employer can implement to help avoid sexual harassment claims Read on...

Lonnie Giamela
  • Hospitality Law
  • White Collar Exemptions and Why Job Descriptions are Essential
  • One of the most common misconceptions employers have is that an employee can be paid a salary merely because of their position or title within the company. Many well-intentioned employers latch on to this misconception and end up paying salaries to "managers," "administrative assistants," or other employees with lofty titles even though the law dictates otherwise. Of course, this can lead to very expensive misclassification lawsuits. This article explores a specific sub-set of exemptions, the "white collar" exemptions, and explains how they are applied. It will also describe what a well-written job description looks like and why it is essential to avoiding and defending against employee lawsuits. Read on...

Michael Elkon
  • Hospitality Law
  • What Hotel Leadership Should Know About the Emerging Trend of Assault and Battery Claims
  • While defining a “hostile work environment” is generally commonplace for HR professionals, one new, emerging trend in the workplace is the filing by employees or their attorneys of assault and battery charges. The law regarding assault and battery in the civil context has existed for decades, but in recent years, lawyers representing employees have started to make use of these claims with increasing frequency. This article lists five primary reasons for this shift, along with enumerating six steps an employer should follow to protect his company against an assault and battery claim. Read on...

Judi Jarvis
  • Hospitality Law
  • Why a Good Lawyer is a Great Sales Tool
  • As with most industries, there are myriad competing interests in the hospitality sector: developer vs. lender; franchisor vs. franchisee; operator vs. guest; owner vs. management company. The list, cynical as it may be, goes on. But there is one thing on which nearly all business people agree, and that unifies even the most divided of parties: lawyers kill deals. As a profession, we may have earned that reputation through negative comments about proposed transactions; advice based on theory and not practice; and a failure to put our clients ahead of ourselves. A good lawyer in the hands of a smart client, however, not only avoids killing deals but can be one of your best sales tools. Read on...

Mark S. Adams
  • Hospitality Law
  • The Shrinking Terms of Hotel Management Agreements
  • The relationship between hotel owners and managers continues to evolve. Hotel management agreements historically were long-term. Fifty to sixty year terms were common. However, in the last few years, hotel owners have successfully negotiated shorter contract durations and other more favorable terms, even from the largest and most sought-after major brands. This trend is likely to continue and expand as brands realize that hotel owners have the power to terminate so-called no cut, long-term hotel management agreements, despite contrary provisions in the contract which courts now routinely ignore as a matter of public policy. Read on...

John R. Hunt
  • Hospitality Law
  • Update on Tip and Service Charge Litigation
  • The past year has witnessed a continued surge in the number of federal wage and hour cases filed against businesses throughout the United States, including those in the hospitality industry. At the same time, the U.S. Department of Labor has engaged in enforcement initiatives directed at hotels, restaurants and bars. All of this has occurred against a backdrop of proposed regulatory reform that could affect the way in which hotel and restaurant operators compensate their employees. This article reviews some of the more important developments in these areas. Read on...

William A. Brewer III
  • Hospitality Law
  • The New Frontier: Understanding Rights and Responsibilities When Changing Hotel Brands
  • Tension between hotel owners and hotel management companies comes as no surprise during tough economic times. But even in times of improved economic prosperity, some hotel owners are intolerant of management companies that fail to manage assets in the most effective and profitable manner possible. This results in certain owners seeking, or being compelled, to convert their asset to a different brand, or in some cases no brand at all. They do so to protect their long-term economic interests in markets that have proven to be cyclical. In this piece, we explore important considerations regarding the respective rights and responsibilities of owners and managers in such circumstances. Read on...

OCTOBER: Revenue Management: Technology and Big Data

Gary Isenberg

Hotel room night inventory is the hotel industry’s most precious commodity. Hotel revenue management has evolved into a complex and fragmented process. Today’s onsite revenue manager is influenced greatly by four competing forces, each armed with their own set of revenue goals and objectives -- as if there are virtually four individual revenue managers, each with its own distinct interests. So many divergent purposes oftentimes leading to conflicts that, if left unchecked, can significantly damper hotel revenues and profits. Read on...

Jon Higbie

For years, hotels have housed their Revenue Management systems on their premises. This was possible because data sets were huge but manageable, and required large but not overwhelming amounts of computing power. However, these on-premise systems are a thing of the past. In the era of Big Data, the cost of building and maintaining an extensive computing infrastructure is incredibly expensive. The solution – cloud computing. The cloud allows hotels to create innovative Revenue Management applications that deliver revenue uplift and customized guest experiences. Without the cloud, hotels risk remaining handcuffed to their current Revenue Management solutions – and falling behind competitors. Read on...

Jenna Smith

You do not have to be a hospitality professional to recognize the influx and impact of new technologies in the hotel industry. Guests are becoming familiar with using virtual room keys on their smartphones to check in, and online resources like review sites and online travel agencies (OTAs) continue to shape the way consumers make decisions and book rooms. Behind the scenes, sales and marketing professionals are using new tools to communicate with guests, enhance operational efficiencies, and improve service by addressing guests’ needs and solving problems quickly and with a minimum of disruption. Read on...

Yatish Nathraj

Technology is becoming an ever more growing part of the hospitality industry and it has helped us increase efficiency for guest check-inn, simplified the night audit process and now has the opportunity to increase our revenue production. These systems need hands on calibration to ensure they are optimized for your operations. As a manager you need to understand how these systems work and what kind of return on investment your business is getting. Although some of these systems maybe mistaken as a “set it and forget it” product, these highly sophisticated tools need local expert like you and your team to analysis the data it gives you and input new data requirements. Read on...

Coming Up In The November Online Hotel Business Review




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Feature Focus
Architecture & Design: Authentic, Interactive and Immersive
If there is one dominant trend in the field of hotel architecture and design, it’s that travelers are demanding authentic, immersive and interactive experiences. This is especially true for Millennials but Baby Boomers are seeking out meaningful experiences as well. As a result, the development of immersive travel experiences - winery resorts, culinary resorts, resorts geared toward specific sports enthusiasts - will continue to expand. Another kind of immersive experience is an urban resort – one that provides all the elements you'd expect in a luxury resort, but urbanized. The urban resort hotel is designed as a staging area where the city itself provides all the amenities, and the hotel functions as a kind of sophisticated concierge service. Another trend is a re-thinking of the hotel lobby, which has evolved into an active social hub with flexible spaces for work and play, featuring cafe?s, bars, libraries, computer stations, game rooms, and more. The goal is to make this area as interactive as possible and to bring people together, making the space less of a traditional hotel lobby and more of a contemporary gathering place. This emphasis on the lobby has also had an associated effect on the size of hotel rooms – they are getting smaller. Since most activities are designed to take place in the lobby, there is less time spent in rooms which justifies their smaller design. Finally, the wellness and ecology movements are also having a major impact on design. The industry is actively adopting standards so that new structures are not only environmentally sustainable, but also promote optimum health and well- being for the travelers who will inhabit them. These are a few of the current trends in the fields of hotel architecture and design that will be examined in the November issue of the Hotel Business Review.