hotel law blog
2022 Update: EB-5 Is Back! What Every Real Estate and Hotel Developer Needs to Know
Jim Butler | April 4, 2022
By Jim Butler and the Global Hospitality Group® Click here for the latest articles on EB-5 Financing, and here for C-PACE Financing. The hotel development and financing world is buzzing with the news that the EB-5 program has been renewed, creating new opportunities for upcoming projects. My partner David Sudeck and I have written the short update below to help get you up to speed. EB-5 Reform and Integrity Act of 2022 EB-5 is revitalized and renewed by Jim Butler & David Sudeck In case you haven’t heard, EB-5 is back! On March 15, President Biden signed the Omnibus Spending Bill, which included the “EB-5 Reform...
ADA Defense Lawyer: Does Your Hotel Have an Electric Vehicle Charging Station?
Martin H. Orlick | March 30, 2022
By Jim Butler, Martin Orlick You’re about to see a lot more Electric Vehicle Charging Stations (EVCS) on your daily drive. Within months of taking office, the Biden Administration announced an initiative to build half a million new charging stations across the country. The Infrastructure Investment and Jobs act, which passed in November 2021, includes $7.5 billion towards this goal; the Administration’s signature domestic policy bill, the Build Back Better act, also includes funding to promote electric vehicles and expand the public charging network. California’s governor is promoting an ambitious plan of 500,000 electric vehicles on...
ADA Defense Lawyer: A Victory Against Serial Plaintiff: The “Reservation Rule” Lawsuit Against California Hotel Dismissed
Martin H. Orlick | January 25, 2022
By Jim Butler, Martin Orlick In another blow to serial ADA litigation against hotels, a judge in the Northern District of California has issued an opinion dismissing the case against JMBM client OCI, which owns and operates a Comfort Inn & Suites near the San Francisco International Airport. Brian Whitaker, who has filed nearly 2,000 ADA lawsuits in the last two years, claimed that OCI failed to include enough detail in its online description of accessible features, violating the ADA’s “Reservation Rule.” JMBM filed a motion to dismiss on behalf of OCI, which was granted on January 6, 2022. This is the second Reservation Rule ...
“Practice Group of the Year” Awarded to JMBM’s Global Hospitality Group by Law360
Jim Butler | January 19, 2022
Jeffer Mangels Butler & Mitchell LLP (JMBM) is proud to announce that the Global Hospitality Group® (GHG) has been selected as one of Law360’s Practice Groups of the Year. This award “honors the practices behind the litigation wins and major deals that resonated throughout the legal industry in 2021” and winners are chosen out of hundreds of submissions. The recognition is a result of the unsurpassed experience of the GHG team members who, for the past 30 years, have helped clients with more than 4,500 hospitality properties, valued at more than $112 billion. Some notable accomplishments by members of the GHG in 2021 include: ...
Hotel Lawyer Labor & Employment New Year Round-Up: What to Expect in 2022
Jim Butler | January 4, 2022
Jim Butler Several new pieces of California legislation have either recently gone into effect or will take effect in 2022, impacting nearly all employers and how they handle employment agreements, disability related to COVID, training, rehiring and retention, and a range of other practices. A new presidential administration also means a shift in the political landscape and the role played by the NLRB, OSHA and other regulatory bodies. Our round-up will help you determine which key issues may impact you in 2022; contact us to be sure you’re ready for all these upcoming changes. Click the “read more” link for each topic to see a com...
Is C-PACE the “New EB-5″ Financing? Doesn’t the Latest Court Decision (Behring v. Wolf) Revitalize EB-5?
Jim Butler | June 29, 2021
By Jim Butler On June 22, 2021, in the case of Behring Regional Center LLC v Chad Wolf, a federal court in the Northern District of California effectively invalidated the final rules for EB-5 which became effective in 2019. These rules raised the minimum foreign immigrant investment from $500,000 to $900,000 and imposed other restrictions. Many commercial real estate developers are hoping this development will launch a new surge of EB-5 financing that could fuel their projects, as was the case for years (until a few years ago when the music stopped). Don’t get too excited about reliable EB-5 financing coming back – but ...
PACE Financing Lawyer: New York Opening PACE – a Big Opportunity!
David Sudeck | May 3, 2021
By Jim Butler, David Sudeck The NYC PACE Financing Program has finally released its program guidelines! Prospective qualified PACE lenders are now carefully reviewing the guidelines, applying for approval to be a PACE lender in New York City, and seeking projects that may benefit from PACE financing. It is time to get ready, but the official launch date for the program is being delayed a bit and has not yet been set. We expect the launch soon. New York’s Law Will Motivate Building Owners to Reduce Greenhouse Gas Emissions While PACE financing has been available throughout the country for years, the PACE program for New Yo...
Hotel Franchise Lawyer: 5 Things to Negotiate in Your Next Franchise Agreement
Bob Braun | April 29, 2021
By Jim Butler, Bob Braun After a year of economic upheaval in the hospitality industry, hotels are making big changes as they look ahead to recovery. Oftentimes these changes involve a complete rebrand, and this leads to questions about what is negotiable in a franchise agreement. In the article below, Bob Braun, senior member of JMBM’s Global Hospitality Group® and Co-Chair of the Firm’s Cybersecurity & Privacy Group, talks about 5 important franchise terms that can usually be negotiated. To say that the past year has been a shock to the hospitality industry is a gross understatement. While many believe that a recovery is in s...
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