Opinion Articles

December 30, 2021

The Changing Hotel Legal Environment: Being Aware and Prepared

The legal environment of the hospitality industry is forever evolving and changing. Given specific hospitality industry events and circumstances, industry professionals need to view the law, policies and regulations across the industry -- and beyond -- with particular attention to social, political, environmental, and human needs and their responsibilities and obligations.

By Robert O’Halloran, Professor Director, School of Hospitality Leadership, East Carolina University

December 13, 2021

HVS Monday Musings: Improving Road Infrastructure – A Catalyst for Indian Travel & Tourism Growth

The Indian government has placed greater emphasis on road development in the country in recent years to promote economic growth and progress. The government has planned massive investments to bring the country’s 6 million kilometers (km) long road network – the world’s second-largest – at par with that of the US and European countries in the coming years.

India

November 1, 2021

How to prepare your hospitality business for proof of vaccination laws

Cities and counties continue rolling out mandates requiring many businesses to demand customers show proof of vaccination before being allowed inside. These orders, which apply to businesses where people congregate, may be easier to enforce for nightclubs, stadiums or amusement parks, because they already have security operations regularly checking IDs and providing support.

By Harry Kazakian, President/CEO of Los Angeles-based USA Express Legal and Investigative Services, USA Express Legal and Investigative Services

October 4, 2021

HVS Monday Musings: Is it Time to Cautiously Resume Inbound Tourism in India?

India has prolonged the suspension of scheduled international commercial passenger flights till the end of October 2021 due to the ongoing pandemic. Only flights under bilateral air bubbles, special flights, and cargo flights are permitted to operate. However, the central government is planning to welcome international travelers back to the country soon, albeit with several strict guidelines and protocols in place as the prospect of a third wave still looms large. The Indian government also recently announced its plans to provide free visas to the first 500,000 tourists once scheduled international commercial travel resumes in the country.

India

September 27, 2021

HVS Monday Musings: International Travel: A Long Road to Recovery

After a year and a half, the global tourism sector is recovering steadily, owing primarily to an increase in domestic tourism across countries. People are rediscovering the tourism treasures in their own countries because of foreign travel restrictions. In fact, hotel occupancy in some parts of the world, such as the US and Europe, is approaching pre-pandemic levels.

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June 29, 2021

To Deflag, Or Not To Deflag. That Is The Question

As the lights begin to brighten on a dimmed world of the post-COVID era, the hospitality and tourism sectors have started to gain traction again. It is now time for hotels to take this opportunity to create innovative ways to earn new customers and regain lost revenue.

By Cara Federici, CEO & Founder of The Madison Melle Agency, Cayuga Hospitality Consultants

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June 14, 2021

Hotel Lawyer: 5 Tips for your next Hotel Management Agreement (HMA)

As the hospitality industry moves toward recovery, many hotel owners are re-evaluating the management of their properties. A good manager can bring great value to a property; a poor manager can reduce its value.

By Robert Braun and Jim Butler

May 27, 2021

How Hotels Are Rising Up After A No Good, Very Bad Year

Doom. Gloom. The news is absolutely littered with stories of businesses and industries falling victim to the effects of COVID-19. But what if we – those of us in the hospitality industry who have experienced the pains of the pandemic – gave a different slant to the story? Perhaps a making lemons-out-of-lemonade focus on how solutions are available to us so we can operate high-performing and profitable hotels. Now, that would be newsworthy.

By Linda Emmenegger, President Midas Hospitality, Midas Hospitality, LLC

May 21, 2021

What an Analysis of Covid-19-related Lawsuits Shows About the Future of Hotels and Restaurants

Even businesses with ‘business-interruption’ coverage fail to win awards from insurance firms. But no lawsuits were found to have been filed by customers who became ill.

By Cihan Cobanoglu, McKibbon Endowed Chair Professor & Director of M3 Center, USF

April 20, 2021

How does the Supreme Court’s Google v. Oracle case impact the hotel industry (beyond software)?

The recent ruling in Google v. Oracle has altered the definition of "fair use" when it comes to functional works such as code. While the use of existing creative works must still be transformative in order to avoid violating copyright laws, it will now be much easier to claim fair use when building on existing functional creations. JMBM's Entertainment Litigation Chair Jeff Goldman explains the case below and discusses its potential impact on the hotel industry.

By Jeffrey Goldman and Jim Butler

April 19, 2021

HVS Monday Musings: Reviving The Global Travel & Tourism Sector

The roll-out of the vaccination programs across countries has brought some much-needed optimism to the global travel & tourism (T&T) sector. Most countries are now cautiously preparing to welcome back international travelers to their shores, albeit with several strict guidelines and protocols in place, as the new variants and the rapidly increasing COVID cases across some countries are still a concern. Besides the financial support provided to the sector in the last one year, governments across the globe have already taken various steps to restore traveler confidence by implementing strict health & safety protocols, providing health certification for hotels & restaurants, and introducing innovative marketing campaigns. While these initiatives have helped in the revival of domestic tourism, governments are now gearing-up for multi-phased reopening of inbound tourism in their respective countries. In this article, we have highlighted some of these measures.

April 16, 2021

Five Ways To Improve Service In Your Hotel

With everything that the past year has brought, it's completely expected (and normal) that a handful of basics have fallen off but as occupancy starts to pick up and basics aren't brought back in line quickly, your hotel could start to see more negative reviews than normal; and since overall reviews are down, it could be much harder to dig out of a slew of negative reviews, pushing you down the list and making it harder to grow your occupancy at the same (or better) rate than the market.

By Adam Knight, Owner and Principal, Knowing Hospitality

April 12, 2021

Lead With Empathy Then Let Curiosity Take Over

Something I learned early in my career is that humans can handle bad news, they just can't handle surprises. When it was apparent to my leadership team and me on March 2, 2020 that we were heading into World War III for travel, I insisted on having weekly webcasts with the entire company by mid-March.

By Sloan Dean, CEO Emeritus, Not Done with Sloan Dean

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April 12, 2021

What To Do About Hospitality Commercial Insurance Due To COVID-19

First and foremost, should you pursue an insurance claim? YES! The first step in this process is filing your initial claim.

By Thomas Cleary, Hospitality Practice Leader, The Loomis Company, and a consultant of Cayuga Hospitality Consultants, Cayuga Hospitality Consultants

April 9, 2021

Hotel Lawyer: New rules for anti-money laundering compliance? FinCEN seeks comments on new Federal Anti-Money Laundering Law

The Treasury Department's Financial Crimes Enforcement Network (FinCEN) is currently accepting public comments on a provision in the recently enacted Corporate Transparency Act (CTA) which requires some privately-held business entities to disclose ownership information directly to a law enforcement agency. Interested parties should consider commenting before the May 5th deadline, and companies who may be impacted should take this opportunity to review their anti-money laundering compliance programs. Vince Farhat and Samuel Buchman of JMBM's White Collar Defense and Investigations Group have written an article detailing this legislation below.

By Vince Farhat, Samuel Buchman, and Jim Butler

April 1, 2021

Time for a seat at the table

The UK is witnessing a tentative re-opening now that we are at the end of March. Monday 29th saw the end of the Stay At Home rule in England and the fresh ability to meet up in private gardens. Frustratingly, this lifting of restrictions does not include hospitality's super clean and COVID safe premises until April 12th 'at the earliest'. I am regularly amused and impressed by stories of pubs and restaurants creating spaces to allow customers to sit outdoors. Once again it shows the entrepreneurial spirit and determination to find ways to open up and generate some revenue. What was once a backyard used solely for storing bins and beer barrels has been cleaned up and tables installed. Outdoor eating and drinking opportunities have been created in car parks, fields, pavements, and children's playgrounds. And why not? I have no doubt that the demand will be enormous, come 12th April.

By Jane Pendlebury, CEO, HOSPA

United Kingdom

March 26, 2021

ADA Defense Lawyer: California’s Central District tries to curb ADA lawsuits

California has seen an explosion of ADA cases in the past few years, leading the state to impose strict pleading standards and high filing fees for serial litigants. Litigants have previously found their way around this by filing in federal court, but the courts have made it clear that they will decline supplemental jurisdiction in these instances. Martin Orlick, Chair of JMBM's ADA Compliance & Defense Group, explains below.

By Martin Orlick and Jim Butler

California, United States

March 1, 2021

Airbnb & France: Recent decisions of the French Supreme Court put a sharp brake on Parisian short-term rental activity

On behalf of owners, Airbnb rents out furnished apartments to short stay, non-resident transient visitors. These rents are subject to the regulation of the City of Paris and this regulation has long stated that the activity of short-term furnished rentals to transient visitors, in return for payment, may not be carried out in premises used for residential purposes, pursuant to the French Construction and Housing Code. This same regulation requires owners to request prior permission for a change of use, pursuant to Articles L.631-7 and L.631-7-1 of the French Construction and Housing Code.

By Christopher Boinet and Anne Epinat

Paris, France

February 17, 2021

ADA Defense Lawyer: Whitaker v. Tesla Motors – the end of cookie-cutter ADA complaints?

For many years, businesses classed as public accommodations under the ADA have been the subject of "cookie-cutter" complaints that allege discriminatory conditions without providing any specific examples. Thousands of nearly identical complaints have been filed in federal courts nationwide, and their lack of detail makes it difficult for courts to provide a remedy that will prevent future harm. Martin Orlick, Chair of JMBM's ADA Compliance & Defense Group, summarizes the recent decision in Whitaker v. Tesla Motors which may put an end to these fill-in-the-blank cases.

By Martin Orlick, Chair, JMM