General Management Opinion Articles - Hospitality Net

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Opinion Article

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

Opinion Article

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

Opinion Article

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

Opinion Article

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.

By Mandeep Lamba and Dipti Mohan

Opinion Article

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

Opinion Article

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

Opinion Article

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

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Opinion Article

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

Opinion Article

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

Opinion Article

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

Opinion Article

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

Opinion Article

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

Opinion Article

February 4, 2021

ADA Defense Lawyer: Hotels Must List Accessible Features On The Web Or Risk Lawsuits

As we've discussed in previous blogs, there has been an uptick in lawsuits filed against hotels alleging a failure to list accessible features on their website as required by the ADA. While many of these cases have been successfully defended in federal courts, new filings continue to surge and many plaintiffs are turning to state courts which have different requirements for dismissal. Martin Orlick, Chair of JMBM's ADA Compliance & Defense Group, explains why we should expect these cases to continue in 2021 and what hotels should be looking out for.

By Martin Orlick, Chair, JMM

Opinion Article

January 7, 2021

Can Hotels Claim Business Interruption Insurance Due to a Pandemic?

Does a pandemic qualify for business interruption insurance? It's a question hoteliers shouldn't be asking themselves, but rather, their insurance company.

By David Eisen, Content Director, Media, Questex

Opinion Article

November 12, 2020

New Challenges for Hotels: The New California Privacy Rights and Enforcement Act of 2020

On November 3rd, Californians voted to approve Proposition 24 which amends the California Consumer Privacy Act to include expanded consumer rights and greater privacy protections. Bob Braun, senior member of JMBM's Global Hospitality Group® and Co-Chair of the Firm's Cybersecurity & Privacy Group, explains the major provisions of the Act and discusses the challenges hotels face as they look to address its requirements.

By Robert Braun, Partner, Jeffer Mangels Butler & Mitchell, LLP, JMM

California, United States

Opinion Article

August 3, 2020

HVS Asia-Pacific Hotel Law Guide

The Hotel Law Guide helps serve hotel real estate owners, developers and operators as a reference for experienced and well-known lawyers and attorneys with a track record in Asia Pacific region. Each law firm highlights their representative attorneys with the type of services offered and notable projects.

By Daniel Voellm and Eunice Wong

Opinion Article

July 21, 2020

Hotel Insurance Costs on the Rise

As of the writing of this article we are in the early stages of evaluating the impact of the COVID-19 virus on the U.S. lodging industry. Owners and operators are discussing the potential use of business interruption insurance (BI) to cover expected losses in profits. Business interruption insurance covers the loss of income that a business suffers after a disaster. It is designed to put a business in the same financial position it would have been in if no loss had occurred. Owners and operators are encouraged to review their BI policies to determine if their businesses are covered from any losses attributable to the COVID-19 virus.

By Robert Mandelbaum, Director of Research Information Services, CBRE Hotels

Opinion Article

May 26, 2020

Lifting The Lockdown: What’s Next For Hospitality?

As the UK looks to emerge from the COVID-19 lockdown, business leaders have been calling upon the Government to set out its plan for how we might return to some sense of normality. Unsurprisingly, the hospitality industry has been amongst the most vocal, given numerous concerns over the practicalities of reopening venues under social distancing guidelines.

By Gareth Ogden, Partner, haysmacintyre

Opinion Article

May 18, 2020

The Five Changes Expected in the Hotel Industry

Returning to operations in our new environment is sure to bring many expected and unexpected challenges. Between figuring out social distancing protocols and mitigating risk throughout the property, hotels will be contending with a lot as we move through the coming months and years.

By Adam Knight, Owner and Principal, Knowing Hospitality

Opinion Article

March 31, 2020

Hospitality’s role in community resilience during the coronavirus crisis

With governments, communities and businesses taking action to tackle the COVID-19 pandemic and support the welfare of their people, staff and customers, the hospitality industry is playing their part.

Sustainable Hospitality Alliance