by Dr.
John
Hogan,
December 21, 2010
In my professional work as a consultant, author,
speaker and service as an expert witness for both plaintiffs and
defendants, I
grow more aware of what a litigious society we are.
I was recently asked to share “Lessons I learned
in 2010”. At first, it was a bit
challenging but on reflection, I found it was a positive activity and
one I
would recommend to others.
2010 has been different from the two previous
years. On the positive side:
- While still in an overall down
market, the industry has begun to recover in certain markets.
- There are some upbeat signals
relating to meetings and business travel.
On the negative side:
- Despite government stimulus
assistance to many business sectors, there are still too many hotels
that are being returned to lenders in the USA.
- Even with low interest rates and
credit allegedly being available, business is still recovering with
polls reflecting cautious optimism at best.
With
that in mind, my thoughts turned to areas to
share with readers on ways they might be able to continue to learn on
how to
both improve operations and protect their businesses and
assets. There a large number of conferences and
online resources available addressing these two issues, and one needs
to be aware
of the options and choices.
For the first time, I am going to provide readers
with background information and an overview of a program that discusses
both of
those sensitive issues of legal protection and operations.
From alcohol and food liability to labor and
employment, the latest trends and issues in hospitality law are
included at the
2011 Hospitality Law Conference, February 9-11, 2011.
I find this conference differs from many others
in its organization, structure, audience and more intimate size.
It was created for and continues to evolve as
an excellent forum for in-house counsel, attorneys practicing in the
hospitality industry, CFOs, comptrollers, accountants and IT
professionals. It also has specific
discussions of interest to those involved with risk management,
security and
loss prevention. This year’s program includes a number of discussions
on
franchise services from involved parties.
Major topic areas for Restaurant
and Hotel In-House Counsel include discussions on:
The impact of Bankruptcies and receiverships on Brands, Franchise and
Management Agreements
- The details of government audits and inspections
- Corruption Risks in the Hospitality Industry
- Updates on national government trends and proposals for the
future
- The Selection and ongoing relationships with external
counsel
There is a segment on Real Estate Transactions
that covers a wide range of topics not usually found in many industry
conferences. Discussions planned
include:
- Joint Ventures
- Property tax appeals and approaches in different kinds of
markets
- Restructuring Equity and Debt in Challenging Economic
Periods
There are additional sessions for people who are
either looking for a refresher or an overview of certain operational
reports
and their meaning:
- Key Business Terms and Concepts in Hotel Agreements
- Fully grasping the range of Hotel Valuation Methodologies
and Investment Analysis
- Understanding Hotel Financial Statements and Pro Formas and
how the differences are resolved (including key reports and operational
metrics)
In Operations, there is a substantial range of topics in both
Food & Beverage and Lodging Activity
and Profit Centers:
- Health Care Reform and What are the Next Steps for Hotel
Owners and Managers
- Understanding Federal Menu Labeling Requirements in the
future
- Addressing Investor Questions and Concerns relating to
Liquor Licensing\
- Negotiating and Using Distributions Agreements and Systems
- Working with the relatively new service and amenities in
Spas, including Compliance Issues, Operational Practices and dealing
with Spa Claims
- Addressing the Problems in Non-Compliance relating to
tipped employees and Tip Credit Statutes
- New ADA Accessibility laws now in effect
- Privacy and IT responsibility with 3rd Party Site
As mentioned earlier, the market place continues to see large numbers
of legal claims that use time, staff and financial resources. Many of
these are in Human Resources and/or other areas in Risk Management and
Loss Prevention.
Sessions scheduled here include:
- Dealing with Hospitality Immigration Issues
- Understanding the Benefits and Concerns in Seasonal Staff,
Contractors and other contingent staff
- Investigations in Hospitality and How to Deal with the,
- Wage and Hour Court Cases
- Understanding Arbitration
- Dealing with complex property claims
- Insurance Litigation trends
- Addressing safety in Spas, Workout Area and Pools
- Understanding Insurance for Business Interruption and
Lessons Learned from the past 5 years
- Dealing with your staff and the impact of Social Media
One of the best segments that is always enjoyed
by participants are the Hospitality Law Case reviews that are
shared. These usually include Food & Beverage
Liability cases, Franchise disputes and resolutions and how to avoid
negative
publicity and liability by learning what “not to do.”
I have attended and participated in literally
hundreds of programs in my career to date. I offer Four Key Benefits to
attending this particular conference:
This is an independent
symposium, not organized or branded by a specific hospitality
company. This independence, as coordinated by
HospitalityLawyer.com founder, Stephen Barth, clearly avoids the
restraints
that the branded meetings must address.- Attendees receive current and detailed information on
urgent concerns in the hospitality industry including franchising,
legislation, premises liability, financial options, as well as changes
in employment and management contracts.
- Sessions are led by hospitality industry counsel,
hospitality faculty and business leaders that are personally involved
in the every day and long term components of the business.
- This is an intimate conference, with attendance aimed at no
more than 400. This allows excellent opportunities for one-on-one
discussions, Q&A sessions that are meaningful, networking and real
world scenarios. The participation of a limited number of
hospitality law faculty and students adds to the blend of activity.
The conference will be held
at the Omni Houston Hotel, in Houston, Texas. For more information, go
to
http://www.hospitalitylawyer.com/index.php?id=53#FB
In an article next month, I
will
highlight a number of international programs offered by university
sponsored
hospitality programs that reach out to management at various levels.
If you would like to share examples of such a
program, contact me @ [email protected].
Keys
to Success
Hospitality
Tip of the Week:
Hotel Common Sense Philosophy #5
“Establish a Mission
Statement that includes a
Pride and Credo of what your purpose is.”
Dr. John Hogan, CHA CHE CMHS
Part of the 15 Timeless
Philosophies In
Hospitality
A 2011 Keynote Address and
Workshop
Contact me for ideas
and discussions
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
[email protected]
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
[email protected].
We are interested in expanding our global networks and resources as we
support our membership.
