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Keys to Success: Appreciating the legacy of  Tony Marshall,
The Messenger of “Reasonable Care”


REASONABLE CARE - The degree of care that a reasonably prudent person
would use under like circumstances.

by Dr. John Hogan,
January, 2011

In my ongoing work as an educator, author, consultant and expert witness, I continue to appreciate the legacy of the late Dr. Tony Marshall, formerly affiliated with Florida International University, The Educational Institute of the American Hotel & Lodging Association, and the Rosen College of Hospitality Management at the University of Central Florida.  I first referred to Marshall as the Messenger of “Reasonable Care1 ”in 2005, as much of the work in his career was aimed at informing the hospitality industry of the many common sense approaches that it could and should take in addressing guest and hotel safety issues.

If the definition of “hospitality” is taken to include lodging, attractions, food & beverage, entertainment and transportation, then it can be demonstrated that the very essence of much of the world’s intermediate to long-term growth is derived from the hospitality industry.  That broad definition of hospitality often becomes involved in the safety and well-being of guests.

The Concept of Reasonable Care is "satisfying a legal duty to act as an ordinary, prudent, reasonable person not to do something that will cause injury to guests, customers, or invitees, or fail to do what will prevent such injury."  We must keep in mind, however, that this concept is continually evolving, and one of the concepts of reasonable care is to keep continually informed of changing regulations and rulings.

I am not an attorney by profession and do not offer legal advice, but we all should realize the many resources available to hoteliers today, including their insurance carriers and hotel attorneys.

Marshall passed away in December of 2006, but his messages remain with us. At this time of year, I find myself remembering a great educator and hotel industry resource who shared much with the hospitality industry in his many roles as professor, workshop leader and keynote speaker to most of the industry’s brands and associations. His legacy is formally acknowledged each year through The Anthony G. Marshall Hospitality Law Award, which is given in recognition of pioneering and lasting contributions to the field of hospitality law. HospitalityLawyer.com Founder, Stephen Barth, says, "We honor Anthony Marshall for his pioneering and continued contributions to the field of hospitality law. He was the first to define reasonable care in a way that the average hotel manager, who is not a lawyer, could understand."

I personally knew Marshall for more than 25 years, but decided to reach out to legal professionals to get their assessment of the impact Marshall left on the industry.  Below are comments from a number of attorneys who have received the award in recent years.


Banks Brown 2006 Recipient

Partner, McDermott, Will & Emery, LLP

“Tony was the most knowledgeable attorney in the hospitality arena, but anyone who knew him knew that his legal acumen was wholly beside the point. His true beauty lay in the ever amusing force of his personality-- a man without hesitation and without shame ( as far as I can tell)--and for that, all who knew him loved him. He was a great supporter of the HL conference for the pure and simple reason that it was a much needed and hence most valuable resource to the industry that he loved and that he was watching come to age in terms of skill, knowledge and sophistication.”


Banks Brown, Partner, McDermott, Will & Emery, LLP

 New York, NY  10173-1922        212.547.5488    www.mwe.com            bbrown@mwe.com




Irv Sandman 2008 Recipient

Attorney,    SANDMAN SAVRANN PLLC

 “Tony Marshall was a gem in the hospitality industry.  His life’s work still gives us light that guides and inspires.  With his sharp wit, crisp prose, and dedication to the industry, he taught us the connection between the law’s demands and good, smart hotel practices.  I’m glad that Stephen Barth chose to honor Tony with the Marshall Award and help keep his spirit alive.”

Irv Sandman    Attorney,    SANDMAN SAVRANN PLLC  

BOSTON – NEW HAVEN – SCOTTSDALE – SEATTLE     dir:  206-686-0802   main:  480-374-5151       isandman@sandsav.com        www.sandmansavrann.com



Jim Abrams 2009 Recipient

Former President and CEO, California Hotel & Lodging Association

”No one involved in the hospitality industry -- whether in a legal capacity or otherwise -- can conduct day-to-day business without facing issues which Tony Marshall addressed and as to which he had a profound impact shaping the manner in which hospitality professionals deal with them.  Tony was not only a consummate legal professional, he was one of the few attorneys who could convey dry legal information to lay people in an exciting and fun way that made a lasting impression on them.  I had the pleasure of working with Tony for many years, and he definitely shaped and enhanced my understanding of hospitality law.  That is the reason why receiving the Marshall Award in 2008 was one of the proudest of my achievements.”

 

Jim Abrams, Of Counsel, Jeffer, Mangels, Butler & Marmaro LLP   

San Francisco Bay Area, CA         www.JMBM.com     JOA@JMBM.com    415.398.8080


Albert Pucciarelli  2010 Recipient

Partner, McElroy Deutsch Mulvaney & Carpenter

“I flew with Tony Marshall one afternoon to an InterContinental GMs meeting from Los Angeles to Cabo San Lucas, and on that flight I had the pleasure of getting to know a man who lived life with abundant joy and gratitude, who was committed to making hotels safer...a showman to be sure, but in his presence that day, just as today, I was proud to be with a hotel industry legend who, just as InterContinental Hotels Founder Juan Tripp, was captured by and wholly committed to a vision, to making life an adventure and to doing good along the way.  I am truly honored to have been touched in some way by both of these good people and to receive this award that bears the name of one of them – Tony Marshall … 

"The Hospitality Law Conference" is a serious conference where learning and the exchange of ideas attract professionals in the hotel industry.  It is the 'graduate school' of conferences.  I congratulate Stephen Barth and his team for making the conference the only one of its kind.  That lawyers can obtain more than a year's CLE credit is one of the significant benefits to attendees.  I look forward to the conference each year because I continue to learn there and I thoroughly enjoy the time spent with my colleagues in the legal profession who, just as I do, serve clients in the hotel industry." 

 

 Albert Pucciarelli          Partner, McElroy Deutsch Mulvaney & Carpenter

Ridgewood, New Jersey  201-493-3718    apucciarelli@mdmc-law.com            www.mdmc-law.com



http://www.hospitalitylawyer.com/downloads/HLC11_Brochure.pdf

Attendees get current on pressing concerns in the hospitality industry including franchising, legislation, premises liability, and changes in employment and management contracts.

The conference is designed for in-house counsel, attorneys practicing in the hospitality industry, risk managers, security and loss prevention personnel, CFOs, comptrollers, accountants, IT professionals, franchise service directors, and hospitality law faculty and students.

In a future column, I will share some of Marshall’s lasting contributions to the industry from an operating hotelier’s and an educator’s perspective.

1 Hogan PhD. Dissertation –The Top 60 People of all time who most dramatically influenced the Hotel Industry

KEYS TO SUCCESS is the umbrella title for my 2011 programs, hospitality services and columns. This year’s writings focus on a variety of topics for hotel owners, managers and professionals including both my "HOW TO" articles, HOSPITALITY CONVERSATIONS, Lessons from the Field, Hotel Common Sense and Principles for Success


Feel free to share an idea for a column at info@hoganhospitality.com  anytime or contact me regarding consulting, customized workshops, speaking engagements … And remember – we all need a regular dose of common sense.


John Hogan is a successful hospitality executive, educator, author and consultant and is a frequent keynote speaker and seminar leader at many hospitality industry events.  He is Co-Founder of a consortium (www.HospitalityEducators.com) of successful corporate and academic mentors delivering focused and affordable counsel in solving specific challenges facing the hospitality industry. www.HospitalityEducators.com is a membership site offering a wide range of information, forms, best practices and ideas that are designed to help individual hoteliers and hospitality businesses improve their market penetration, deliver service excellence and increase their profitability.   Special introductory pricing is in effect for a limited time that also includes a complimentary copy of LESSONS FROM THE FIELD- A COMMON SENSE APPROACH TO EFFECTIVE HOTEL SALES.  If readers would like to contribute to the site, please submit your material for consideration to Kathleen@hospitalityeducators.com.  We are interested in expanding our global networks and resources as we support our membership.

Contact: 

Dr. John Hogan, CHA MHS CHE
john.hogan@hospitalityeducators.com


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Also See: Keys to Success: Be Aware of and Work with the Law; Do Not be Afraid of it / Dr. John Hogan / December 2010

Keys to Success: Make Your Hotel More Profitable and Successful – 2011 is the critical time to invest in Your Talent and Your Team / Dr. John Hogan / December 2010

Keys to Success: A Common Sense Approach to Success in the Hospitality Industry; 13 Best Practices for Hospitality Training Managers & Directors / Dr. John Hogan / December 2010

Hospitality Conversations – Looking Ahead! / Dr. John Hogan / November 2010

Learning from The Greatest Business Leaders of the Twentieth Century / Dr. John Hogan / November 2010

Five Considerations in Hiring a Hospitality Consultant; Understanding the Qualifications for Effective Hospitality Consultants / Dr. John Hogan / November 2010

5 Reasons Using A Qualified Consultant Could Make a Huge Difference in Your Hospitality Business / Dr John Hogan / October 2010

Half Luck and Half Brains - Kemmons Wilson's 20 Steps for Success / Dr John Hogan / October 2010

Ten Quotes Addressing the Topic of SERVICE / Dr John Hogan / October 2010

Hospitality Conversations - Understanding the Developing Perspectives in Quality Assurance (Part 2 of 2) / Dr John Hogan / October 2010

Hospitality Conversations – Understanding the Developing Perspectives in Quality Assurance Part 1 of 2 / Dr John Hogan

Hospitality Conversations: Examining the Learning Options Available in the Hospitality Field / Dr John Hogan / July 2010
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