News for the Hospitality Executive |
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.”
New York,
NY 10173-1922
212.547.5488 www.mwe.com
[email protected] 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
[email protected] www.sandmansavrann.com
”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
“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
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. 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
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. |
Contact: Dr. John Hogan, CHA MHS CHE |