Quick Results
Industries

Hospitality, Franchising and Distribution

Print Version

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.

Featured Videos

Building Your Brand September 17, 2014
Reviewing and Negotiating Franchise Agreements April 1, 2014
Expand Without Franchising November 6, 2012

Featured Experience

Assisted due diligence team in reviewing and summarizing terms of hundreds of franchise agreements for national hotel chain under intense deadlines.

Obtained summary judgment for a franchisor in a vicarious liability case the morning of trial, successfully avoiding a $4.5 million verdict which was awarded against the co-defendants.

Represented restaurant franchisee in $60 million sale of over 60 restaurants to strategic buyer.

Industry Overview

Overview

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
  • 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 databases

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
  • Assisted due diligence team in reviewing and summarizing terms of hundreds of franchise agreements for national hotel chain under intense deadlines.

  • Obtained summary judgment for a franchisor in a vicarious liability case the morning of trial, successfully avoiding a $4.5 million verdict which was awarded against the co-defendants.

  • Represented restaurant franchisee in $60 million sale of over 60 restaurants to strategic buyer.

  • Lead construction counsel for turnkey developer of luxury hotel project in Philadelphia, Pennsylvania in connection with construction and design contract negotiation and construction arbitration.

  • Represented owner in a design-build project for the redevelopment of former United States courthouse into luxury hotel in Tampa, Florida.

  • Represented buyer in a casino acquisition in Bossier City Louisiana. Obtained all regulatory approvals and handled all Louisiana corporate issues.

  • Regularly prepare franchise disclosure documents and franchise agreements and assist clients with growing their businesses through franchising.

  • Served as real estate counsel for site acquisition and development in Louisiana for a national fast-food franchisee.

  • Favorable resolution in defense of publicly-traded national restaurant chain in collective action under federal Fair Labor Standards Act with putative class of over 550 members.

  • Obtained a favorable settlement in a suit alleging inadequate security which led to customer's stabbing and ultimate death at major restaurant chain.

  • Obtained summary judgment victory in federal court on behalf of national restaurant franchisor over allegations of race discrimination under 42 U.S.C. § 1981 (Civil Rights Act of 1866) and for defamation under Florida law.

  • Obtained an injunction and ultimately a judgment on behalf of a nationwide franchisor against a franchisee for breach of franchise agreements and wrongful possession of inventory.

  • Obtained a complete defense verdict in two-week, $10 million, multi-plaintiff trial alleging Title VII violations against a restaurant chain.

  • Successfully defended and obtained full summary judgment on behalf of national restaurant client in a hotly contested case where plaintiffs claimed sexual harassment, retaliation, and gender discrimination and sought over $400,000 in damages and reinstatement.

  • Key member of trial team that settled an eminent domain matter on behalf of a fast food restaurant corporation involving a metro Atlanta property. The GDOT condemned the principal access to the site thus causing substantial damage to the value of the property. GDOT paid $2.3 million pursuant to the consent judgment obtained to conclude the settlement.

  • Obtained summary judgment for national restaurant operator in a lawsuit asserting claims of sexual harassment.

  • Defended a federal court lawsuit filed in which restaurant managers brought FLSA claims to recover unpaid overtime on the grounds that they were misclassified as executive exempt due to the employer’s policy of docking their pay for cash shortages and damaged or missing property. The case was conditionally certified and settled after years of litigation.

  • Defended national restaurant chain against claims filed by restaurant managers to recover unpaid overtime alleging that they were misclassified as exempt due to the employer’s policy of docking their pay for cash shortages and damaged or missing property.  The case was conditionally certified and settled after years of litigation.

  • Successfully defended casino and won summary judgment motion on all claims filed by plaintiff, a former blackjack dealer who alleged discrimination based on disability and failure to accommodate such disability in violation of the Americans with Disabilities Act. Plaintiff further asserted claims for retaliation and interference with her rights guaranteed under the Family Medical Leave Act.

  • Represented a large independent franchisee in connection with multiple asset purchase and sale transactions involving various brands of franchise restaurants. (Acquisitions and divestures valued between $250,000 to $750,000 each).

Hospitalitas Newsletter

Follow the links below to download past issues of the Hospitalitas newsletter.

Winter 2017

Download PDF

Summer 2016

Download PDF

Winter 2016

Download PDF

Summer 2015

Download PDF

Spring 2015

Download PDF

Winter 2014

Download PDF

Spring 2014

Download PDF

Fall 2013

Download PDF

Spring 2013

Download PDF

Fall/Winter 2012

Download PDF

2012 Issue 1 

Download PDF

2011 Issue 5

Download PDF

2011 Issue 4

Download PDF

2011 Issue 3

Download PDF

2011 Issue 2

Download PDF

2011 Issue 1

Download PDF

2010 Issue 3

Download PDF

2010 Issue 2

Download PDF

2010 Issue 1

Download PDF

2009 Issue 2

Download PDF

2009 Issue 1

Download PDF

2008 Issue 3

Download PDF

2008 Issue 2

Download PDF

2008 Issue 1

Download PDF

Publications
Events
Press Releases
In the News

They are an exceptional group and their lawyers are very talented.

Email Disclaimer

NOTICE: The mailing of this email is not intended to create, and receipt of it does not constitute an attorney-client relationship. Anything that you send to anyone at our Firm will not be confidential or privileged unless we have agreed to represent you. If you send this email, you confirm that you have read and understand this notice.
Cancel Accept