Restoring Travel’s Role in Reducing America’s Trade Deficit
Did you know: Travel spending is considered an export or an import—depending on who is spending.
By Aaron Szyf, Economist, U.S. Travel Association
Opinion Articles
The Rise of Third-Party Operators of Hotels in Europe
Introduction - In broad terms, there are two types of hotel management companies: branded operators and third-party operators.
By Nikola Miljković and Jon Critchley
How to choose a hotel management company in 2023
The Chief Investment Officer of a major hotel brand recently told me hotel management companies have had a bit of a “hall pass” over the past few years but that moving forward, they will be held accountable for performance.
By Josiah Mackenzie, Host and Producer, Hospitality Daily
Measure ULA Approved: New Transfer Tax on All Real Property Sales Over $5 Million in the City of Los Angeles
Last month Los Angeles voters approved Measure ULA, imposing a new tax on all real property sales or transfers over $5 million. This will affect all parties involved in a real property transaction, and it is important to understand the implications of the measure before negotiating on a new project. My colleague David Tabibian, partner in JMBM’s Real Estate Department and Global Hospitality Group®, explains the initiative and its potential impact below.
By David Tabibian, Partner in JMBM’s Real Estate Department and Global Hospitality Group®, JMM
Hotel Lawyer: FinCEN Issues Final Rule for CTA’s Beneficial Owners Reporting Requirements
Effective January 1, 2024, companies will have to report their beneficial owners to the U.S. Department of the Treasury’s Financial Crimes Enforcement Network as part of the updated Corporate Transparency Act of 2021 (CTA) rules. Unless they are exempt under the CTA, businesses that fail to submit this information may be faced with steep civil or criminal penalties. Vince Farhat and Alan Azar of JMBM’s White Collar Defense and Investigations Group have written an article explaining CTA’s new reporting requirements and how to comply with them below.
By Vince Farhat, Partner, Chair of the White Collar Defense & Investigations Group, JMM
European Court of Justice to clarify competition law questions for online travel agencies
Online travel platforms increase choice and transparency for consumers and make it easier for hotels to reach a worldwide audience. Parity clauses, which address the risk of hotels free-riding on a platform, have been a hot topic in competition law and the travel sector for years. Now the Court of Justice of the European Union will have the opportunity to clarify important questions of law and guide courts and competition authorities in deciding whether online travel platforms constitute a market of their own. Recent research by the European Commission shows that hotels use a wide variety of distribution channels and online platforms and hotels’ own distribution channels are substitutes. If confirmed after guidance from the highest European Court, this would establish that there is indeed no dominant platform in hotel distribution. It would also strongly indicate that there is no gatekeeper platform since hotels have sufficient alternatives.
By Ben Schroeter, Director of Strategic Engagement, Booking.com
The Changing Face of Third-Party Management Companies
Let’s face it. These days, most third-party management companies have fallen into a predictably corporate (boring) “operating system.” With universal protocols and rules, there isn’t much room for diversity in how hotels within a portfolio are operated – or a clear understanding of each individual property’s vision in its unique marketplace.
By Kirk Pederson, COO, PM Hotel Group
UPDATED Outlook: Economic Uncertainty Certain
According to the most recent survey of economists, a recession in the coming months looks increasingly likely.
By Jamie Mageau, Director of Research Products, U.S. Travel Association
Self-Regulation is Essential for the Indian Hotel Industry to Build Credibility and Trust
The tragic news of the murder of a young employee at a resort in Rishikesh last month tarnished the Indian hotel sector, which is recovering strongly from the pandemic. This prompted a verification drive to inspect all the hotels, resorts, and homestays in the area for violations of rules and regulations, as well as the closure of properties that did. There is no denying that rules and regulations must be strictly followed or there will be serious consequences. The recent fatal fire incident at a hotel in Lucknow, which occurred allegedly due to insufficient fire safety measures, serves as a case in point.
By Mandeep Lamba and Dipti Mohan
Key Hotel Lease Legal Issues in France Today
French hotel leases and contract law governing hotels constitute essential legal and economic stakes for a hotel business in France. The country is, in fact, home to over 17,000 hotels, many of which are operated under commercial leases. For owners and tenants, the legal and economic challenges associated with hotel leases are crucial, especially when the hotel under operation is their main asset.
By Christopher Boinet and Anne Epinat
Hotels Are Now Required to Provide Workers With Panic Buttons Under New California Law
Over the last few years, numerous states and cities across the U.S. have worked to reform hotel on-property safety by implementing enhanced workplace safety standards and regulations. Many of these initiatives were brought to life in the wake of the AHLA’s 5-Star Promise, a voluntary commitment made by American Hotel and Lodging Association members to enhance policies, training, and resources surrounding hotel safety and security. The 5-Star Promise was announced in September 2018, and since then, over 20,000 hotel properties have pledged to protect their staff and guests better.
By Parminder Batra, CEO, TraknProtect
ADA Defense Lawyer: DOJ Issues Website Accessibility Guidelines On Website Accessibility
Recently on March 18, 2022, the U.S. Department of Justice (DOJ) issued a “Web Accessibility Guidance” statement for state and local governments and public accommodations (including businesses) under Titles II and III of the Americans with Disabilities Act (ADA).
By Stuart Tubis, Lawyer, JMM
Coliving, the on-trend alternative to hospitality in France: Miracle or mirage?
A recent arrival from across the pond, coliving blends shared accommodation and apart-hotel services, combining communal living with amenities that can be worthy of even the best hotel. The concept is catching on and seducing French investors. But as the saying goes, “all that glitters is not gold”.
Best Hospitality school in the world: Why rankings matter to EHL
In 2022 and for the fourth consecutive year, EHL Hospitality Business School maintains its world’s number one position in Hospitality & Leisure Management, and number five in Business & Management Studies in Switzerland (QS World University Rankings by Subject).
By Morgane Bedu, Awards & Ranking Coordinator, EHL
How to secure hotel business communications against data breaches?
As travel started to resume, scammers and hackers are also back to take their share of the business. Travel and hospitality is an industry with high-value transactions made by people who have money to spend, making both hotels and travelers an attractive target for fraudsters.
By Daniel Diosi, Entrepreneur, Daniel Diosi & Partners
How Will ADA Guidelines Impact Public Electric Vehicle Charging Stations?
Many hotels have opted to include Electric Vehicle Charging Stations as an amenity for guests as the cars become more and more common. And while hotels may be very aware how the Americans with Disabilities Act applies to their property, are they considering the requirements for disabled guests at these charging stations?
By Martin Orlick, Chair, JMM
The Cost of Waiting to Make a Large Gift: Compounding Your Tax Savings
If you are planning to make a large gift as part of your estate plan, you should consider taking advantage of the current tax exemption in effect until the end of 2025. After this time, the exemption will revert back to approximately one-half of its current value. This has potentially huge implications for hospitality executives and other high-net-worth individuals. Gordon Schaller, managing partner of JMBM’s Orange County office, explains below.
By Gordon Schaller, Managing Partner, Orange County Office, JMM
Facing the Knowledge Gap: Why Hotels Need “Visibility” to Avoid Data Privacy Liability
Addressing privacy compliance and cybersecurity is becoming more and more challenging for companies. At least 26 states are considering various kinds of data privacy laws. At the same time the rate, depth, and impact of ransomware, wiperware and data breaches has become more intense and more expensive, and there is no indication that the trend will end soon. Hotel companies, as holders of significant amounts of personal information and highly dependent on computer networks for daily operations, are particularly at risk in this environment.
By Robert Braun, Partner, Jeffer Mangels Butler & Mitchell, LLP, JMM
ADA Defense Lawyer: A victory against serial plaintiff: The “Reservation Rule” Lawsuit Against California Hotel Dismissed
Serial ADA litigants are continuing to face challenges in the courts as dozens of cases alleging a failure to include accessibility information on hotel websites are being dismissed. Martin Orlick, Chair of JMBM’s ADA Compliance & Defense Group, describes one such case faced by a JMBM client below. This successful outcome is good news for hotels worried about Reservation Rules lawsuits.
By Martin Orlick and Jim Butler
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