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PACE Financing Lawyer: New York opening PACE – a big opportunity! | By Jim Butler & David Sudeck

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, below.
Tags: Travel, New York, New York City, Jim Butler, David Sudeck

Hotel Franchise Lawyer: 5 Things to negotiate in your next Franchise Agreement | By Robert Braun & Jim Butler

After a year of economic upheaval in the hospitality industry, hotels are making big changes as they look ahead to recovery. Oftentimes these changes involve a complete rebrand, and this leads to questions about what is negotiable in a franchise agreement. In the article below, Bob Braun, senior member of JMBM's Global Hospitality Group® and Co-Chair of the Firm's Cybersecurity & Privacy Group, talks about 5 important franchise terms that can usually be negotiated.
Tags: Travel, Jim Butler, Bob Braun, Global Hospitality Group, JMBM, Robert Braun, Cybersecurity Privacy Group

California hotel workers laid off due to COVID-19 get rehire rights | By Travis Gemoets & Jim Butler

As coronavirus cases drop and economic activity starts to return to normal, the hospitality industry will soon be able to begin replacing workers who were laid off due to the pandemic. Some cities in California, and now the entire state, have enacted requirements for how hotels and other businesses can fill open positions; my partner, Travis Gemoets, has summarized the new law below. - Jim Butler 
Tags: Travel, California, Jim Butler, Travis Gemoets

PACE Financing on a Roll: $6 million loan for Kimpton La Peer Hotel in West Hollywood | By Jim Butler

Hotel finance lawyer: PACE Financing is now mainstream
Tags: Travel, West Hollywood, Jim Butler, Kimpton La Peer Hotel

How does the Supreme Court’s Google v. Oracle case impact the hotel industry (beyond software)? | By Jim Butler & Jeffrey Goldman

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.
Tags: Travel, Google, Supreme Court, Oracle, Jim Butler, Jeffrey Goldman, Jeff Goldman

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 complianc...
Tags: Travel, Jim Butler, FinCEN, White Collar Defense and Investigations Group, Vince Farhat, Samuel Buchman

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 below.
Tags: Travel, California, Ada, Jim Butler, Central District, ADA Compliance Defense Group, Martin Orlick

New ALTA/NSPS Land Title Survey Standards for 2021 | By Jim Butler & Trevor Countryman

The survey standards for the American Land Title Association® (ALTA®)/ National Society of Professional Surveyors (NSPS) survey were updated in February 2021. Given how important this survey is to most commercial real estate transactions, it is crucial that investors understand its scope in order to avoid unnecessary costs and delays. JMBM associate Trevor Countryman has outlined these recent changes below.
Tags: Travel, Jim Butler, American Land Title Association, JMBM, Trevor Countryman

New ALTA/NSPS Land Title Survey Standards for 2021 | By Jim Butler

The survey standards for the American Land Title Association® (ALTA®)/ National Society of Professional Surveyors (NSPS) survey were updated in February 2021. Given how important this survey is to most commercial real estate transactions, it is crucial that investors understand its scope in order to avoid unnecessary costs and delays. JMBM associate Trevor Countryman has outlined these recent changes below.
Tags: Travel, Jim Butler, American Land Title Association, JMBM, Trevor Countryman

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.
Tags: Travel, Congress, Washington, Bill, Jim Butler, PPP loan

Boutiques May Be Adapting Faster Than Other Hotel Sectors, But Still Hurting | By Guy Maisnik & Jim Butler

The theme of the Boutique Lifestyle Leaders Association's (BLLA) upcoming Boutique Lifestyle Digital Summit is "Dare to Adapt" and there are some compelling arguments as to why the boutique space may be able to adapt to the current economic crisis faster than other sectors in the hotel industry.
Tags: Travel, Jim Butler, Guy Maisnik, Boutique Lifestyle Leaders Association

Hotel Industry Crisis: 8 Do’s and Don’ts for Distressed Hotels | By Jim Butler & Guy Maisnik

As the COVID-19 crisis grows in the US and elsewhere outside China, hotels and restaurants are among the businesses hardest hit. In select markets like Seattle and San Francisco, hotels are reporting single digit occupancies and crushed ADRs. Many hotels do not have the cash flow to keep their doors open. The major hotel companies are talking of furloughs for tens of thousands of hotel employees and many properties are looking at closure or skeleton team maintenance operations.
Tags: Travel, China, US, San Francisco, Seattle, Jim Butler, Guy Maisnik

COVID-19 Coronavirus As Force Majeure Contract Defense — History And Origins | By Jim Butler & Mark Adams

One often doesn't know the extent of one's insurance coverage until a calamity occurs. So it is with force majeure provisions in contracts. Typically, force majeure provisions are included in contracts to excuse a party from contractual obligations if some unforeseen event beyond its control prevents performance of its contractual obligations.
Tags: Travel, Jim Butler, Mark Adams

American Rearranges the Deck Chairs

Sorry for the delayed post, but this news was under embargo until now, and I thought it worth waiting instead of posting next week. Rumors about changes in American’s management have reached a fever pitch recently, and now a change is officially being made. The problem is… it’s more of a rearranging of the deck chairs than a fundamental change. I don’t expect this is going to be received positively. Many have fixated on CEO Doug Parker needing to go, but I take a broader view. As I said ...
Tags: Travel, Wall Street, David, Devon, Kerry, American Eagle, American, Robert, Kurt, SVP, Doug, Jim Butler, Doug Parker, David Seymour, Robert Isom, Kurt Stache

JMBM’s Global Hospitality Chairman Jim Butler Will Speak About Hotel Investment at 2019 Institutional Real Estate Forum

Jim Butler, Chairman of JMBM's Global Hospitality Group®, along with Jack Westergom of Manhattan Hospitality Advisors, will speak at the 4th Annual West Institutional Real Estate Investor Forum on June 5, 2019 in San Francisco on the topic of hotel investment. They will also conduct a roundtable discussion for investors who may be new to the hotel investment.
Tags: Travel, San Francisco, Jim Butler, Global Hospitality, Jack Westergom, Manhattan Hospitality Advisors, Global Hospitality Group, JMBM

The 2019 LIIC Top Ten — Hotel Real Estate: Mostly Sunny Days Clouded by Labor Issues | By Jim Butler

Yesrerday, we kicked off Meet the Money® 2019 – the National Hotel Finance & Investment Conference hosted by JMBM’s Global Hospitality Group® – with the LIIC Top Ten. Presented by my friend, Mike Cahill, CEO and Founder of HREC and one of LIIC’s co-chairmen, the LIIC Top Ten reflects the perspectives of the industry’s most active members in the hospitality market.
Tags: Travel, Jim Butler, Mike Cahill, Global Hospitality Group, JMBM, LIIC, HREC

Why Retail Owners Are Partnering With Hotels | By Jim Butler

Recently, my partner, Guy Maisnik, and I spoke about hotel retail mixed-use development with Kelsi Maree Borland of Her article, Why Retail Owners Are Partnering With Hotels ran with the subtitle, With retail evolving to be more experience-driven, retail owners are finding the benefits of adding boutique hotels to shopping centers.
Tags: Travel, Jim Butler, Guy Maisnik, Kelsi Maree Borland

How to avoid litigation on Resort Fees and other mandatory hotel charges | By Jim Butler

In evaluating what you should do about the new furor over mandatory hotel charges, it would be helpful to have a clearer understanding of what the FTC seems to be saying on the issue. The chart below is our translation into "street English" of the FTC pronouncements discussed earlier. (See How Resort Fees became an explosive $2.7 billion issue which contains links to the original FTC press release of November 29, 2012 and the most recent FTC Economic Analysis of Hotel Resort Fees of Janua...
Tags: Travel, Ftc, Jim Butler

Meet the Money 2017 Presentations Now Available for Download! - By Jim Butler

Meet the Money®2017 wrapped up last week at the Hyatt Regency LAX, and looks to be one of our most successful years yet! More than 350 hotel industry leaders gathered to hear from 130+ speakers who gave their expert perspectives on the current hospitality market, the national and global economy, and where trends might take us as we move towards 2018.
Tags: Travel, Jim Butler, Hyatt Regency LAX

EB-5 funding for new development: JMBM has closed more than $1.5 billion of EB-5 financing

08 May 2017 Click here for the latest articles on EB-5 Financing.  As of January 31, 2017, JMBM’s team has closed more than $1.5 billion of EB-5 financing and sourced more than half of that for our clients! EB-5 is a proven means of financing development projects. EB-5 financing is an important and viable source of construction financing for hotels, hotel enhanced mixed-use, and other development projects. Seven or eight years ago, when JMBM started helping hotel developers with EB-5 financing...
Tags: Hotels, America, Hilton, Marriott, Jim Butler, Silverstein, David Sudeck, Hotel Finance − Hotel Debt & Hotel Equity, EB-5 Financing, Hotel Development, Global Hospitality Group, JMBM

JMBM’s 27th Annual Meet the Money® National Hotel Finance and Investment Conference

  LOS ANGELES—The Meet the Money® 2017 conference will bring hospitality industry leaders together from May 8-10 in Los Angeles at the Hyatt Regency Hotel LAX. This marks the conference’s 27th year, where hotel owners, operators, developers, consultants, investors, brands, lenders and other capital providers will gather to get deals done and discuss and catch up on the latest issues and opportunities involving the hotel industry. “This year’s conference is particularly important,” said Jim Butle...
Tags: Hotels, Los Angeles, Hyatt Regency, Jim Butler, Trump hotel, Aimbridge Hospitality, Eric Danziger, Hotel Finance − Hotel Debt & Hotel Equity, Global Hospitality Group, JMBM, Meet the Money®, Richard K Green, MeetTheMoney com About Global Hospitality Group, Jeffer Mangels Butler Mitchell LLP interviews Jim Butler on Chinese Investment and US Economic Issues | By Jim Butler

I was recently interviewed by to discuss Chinese investment in the United States, including why the US is an attractive market for Chinese dollars, how it helps the US economy, and what it means for the Chinese market. Some selected excerpts from our conversation are below.
Tags: Travel, US, United States, Jim Butler

How the Marriott-Starwood merger will affect you... | By Jim Butler

Marriott closed its acquisition of Starwood on September 23, 2016, following Accor's closing of its acquisition of Fairmont/Raffles on July 12, 2016. Other consolidations may already be underway. In any event, most of us in the hotel industry expect some very important consequences to result from such transactions.
Tags: Travel, Accor, Marriott, Starwood, Jim Butler, Marriott Starwood, Fairmont Raffles

New York EB-5 Investment Immigration Convention

17 July 2016 New York EB-5 Investment Immigration Convention More than 700 people are gathering the next two days in New York City for one of the largest EB-5 financing conferences in the country. We are proud to be a platinum sponsor of this program, and I am looking forward to my panel on how to finance hotel construction and development with EB-5. Hosted by EB-5 Investors Magazine, this event will be held July 17-18, 2016 at the Sheraton Hotel in Times Square. The first day is comprised of t...
Tags: New York, Congress, Hotels, New York City, Las Vegas, Southern California, Times Square, Jim, Sheraton Hotel, Jim Butler, Laffer Associates, EB-5 Financing, Global Hospitality Group, JMBM, Chinese Investment Group, HMA

The 2016 LIIC Top Ten: The annual survey of lodging investment trends and challenges

  To download the LIIC Top Ten presentation, click here. (Denver, CO) For well over a decade, the members of the hotel industry’s preeminent think tank, “LIIC – The Lodging Industry Investment Council,” are annually surveyed to develop a list of the major hotel investment opportunities and challenges for the coming year. This exhaustive survey results in the LIIC Top Ten; a highly regarded profile of investment sentiment and attitudes for the lodging industry for the forthcoming 12 months. Altog...
Tags: Hotels, Denver Broncos, Hillary Clinton, Marriott, Starwood, Sharp, Cuba, Donald Trump, Denver, New York Ny, Ac, Houston TX, Jim Butler, Cahill, Denver CO, Marwood

ADA Compliance and Defense Lawyer: Federal Judge Takes Decisive Action to Protect Hotels from ADA Abuse by a High Frequency Litigant

1 May 2016 Federal Judge Takes Decisive Action to Protect Hotels from ADA Abuse by a High Frequency Litigant by Martin H. Orlick, Chair, JMBM’s ADA Compliance and Defense Group In a rare and decisive action, a Central District Court Judge dismissed an Americans with Disabilities Act (ADA) lawsuit filed by an Arizona disabled plaintiff who has recently filed a wave of over 70 ADA lawsuits against Southern California hotels. The plaintiff, who claims she is confined to a wheelchair, called an Or...
Tags: Hotels, Arizona, Orange County, Ada, Southern California, Jacuzzi, Jim, Marty, Brooke, Jim Butler, Kalthia Group Hotels, Global Hospitality Group, JMBM, Chinese Investment Group, HMA, Theresa Brooke

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