Hospitality, Franchising and Distribution

Email This Page  Print This Page Print PDF
Joel R. Buckberg
 

Hospitality is the business of hotels and restaurants, and the myriad of suppliers, vendors and service providers who participate in the marketplace for what hotels and restaurants need. If that's your business, we deliver to you the legal experience your business needs to thrive.

Our team also represents franchisors, multi-unit franchisees and manufacturers who distribute their products through domestic and international distributor and dealer networks.

Here are some of our capabilities:

Development

  • raw land and existing building acquisitions and dispositions
  • historic property acquisition and renovation
  • ground and space leasing and shopping center out lots
  • net leases, subleases and tenant improvements
  • sale and leaseback transactions
  • architectural, construction and renovation contracts
  • debt and equity financing
  • owner tax structuring, planning and restructuring
  • tax exempt financing for convention centers and related hotels or industrial development revenue bonds
  • tax increment financing
  • government grants and assistance
  • conventional mortgages, capital leases, loans and working capital lines
  • subordination, non-disturbance and attornment agreements for lenders, borrowers and third parties
  • franchise comfort and estoppel letters
  • environmental diligence and compliance
  • hotel condominiums
  • property tax assessment appeals

Distribution

  • international distributor agreements
  • domestic distributor agreements
  • broker agreements
  • compliance training

Operations

  • franchise and management agreements
  • area development agreements
  • master license agreements
  • operating and service agreements
  • procurement, event and performance agreements 
  • convention services, destination management and transportation services
  • alcoholic beverage licensing
  • federal and state public policy (legislative) representation and lobbying

Intellectual Property

  • trademarks and service marks
  • copyrights
  • patents
  • confidentiality agreements
  • Internet web sites and content
  • data security and privacy

Information Technology

  • computer hardware and software acquisition and licensing
  • telecommunications
  • Internet access services
  • LAN/WAN technology
  • building system management systems
  • property management systems and reservation systems
  • point of sale systems
  • back office accounting systems and customer data bases

Labor & Employment

  • EEO, FLSA, ADA, Title VII, ADEA and wage and hour employment law compliance
  • ERISA and benefit plans
  • OSHA
  • OFCCP
  • NLRB, union organizing campaigns, union avoidance training and collective bargaining representation
  • workers' compensation
  • wrongful termination and discrimination claims

Franchising

  • franchise offering circulars
  • regulatory compliance and compliance training; including FRAN-GUARD 
  • regulatory compliance audits
  • franchise transactions – unit agreements, area development agreements, master license agreements, special stipulations, ancillary support forms, lender estoppel and attornment agreements
  • franchise recruitment advertising
  • franchise agreement enforcement and litigation
  • franchisee advisory councils

Financing

  • public and private debt and equity offerings
  • asset securitizations
  • project finance
  • Sarbanes-Oxley compliance and director training
  • public company reporting
  • executive compensation
  • tender offers
  • mergers and acquisitions

Litigation & Dispute Resolution

  • mediation
  • arbitration
  • litigation
  • vicarious liability defense
  • premises liability and tort claims
  • business divorces
  • contract dispute evaluation

Environmental

  • due diligence for site acquisitions
  • all types of site cleanups and brownfield agreements allowing for the redevelopment of previously used properties
  • wetlands and green design issues
  • environmental agreements and opinions with lenders and other parties
  • compliance permitting and utilities for new and existing facilities
  • mold and asbestos concerns
  • litigation strategies and defense
  • single unit and multiple locations

Representative Matters

  • Represented an investor who provided a $6.25 million subordinate loan and other credit enhancements to senior lender for a 203-room, class A hotel constructed in Memphis, Tennessee.
  • Represented a lender on a $9.1 million acquisition/construction loan for a 131-room hotel in Knoxville, Tennessee.
  • Represented a lender on a $16 million acquisition/renovation loan on a 223-room, class A hotel in Nashville, Tennessee.
  • Represented a lender on an $11.8 million acquisition/renovation loan on a hotel in Kansas City, Missouri.
  • Represented a lender on a $5.1 million loan on a 91-room hotel in Florida.
  • Represented a developer in connection with the $18 million acquisition and $12.5 million financing of three limited service hotels.
  • Represented a developer in connection with the financing of five limited service hotels. The financing consisted of a $15 million senior loan secured by four of the hotels and a $5 million mezzanine loan secured by the fifth hotel and by membership interests in the property owner.
  • Represented a developer in connection with the acquisition and financing of a $3.62 million limited service hotel.
  • Represented hotel owner/operator in negotiation of management agreement with institutional investor for 588-room Caribbean resort hotel.
  • Represented hotel operator in negotiation of management agreement for 300-room new construction condo hotel in Orlando, Florida.
  • Represented hotel operator in negotiation of management agreement for 300-room hotel in New York.
  • Representing hotel operator in negotiation of management agreement for 800-room condo hotel in Orlando, Florida.
  • Representing domestic appliance manufacturer in revamping domestic and international distributor network.
  • Represented owners in sale of $35 million select service hotel package .