As leaders in the hospitality industry, we often embrace the mantra that "every day is different." It's a sentiment that resonates deeply with us, for our field encompasses a kaleidoscope of guests, round-the-clock operations, and the occasional curveball thrown our way. Yet, it is precisely what fuels our passion and challenges us to constantly adapt and innovate.
Judicial Reference is a procedure similar in many ways to binding arbitration. For convenience, we may sometimes use the word “Reference” interchangeably with “Judicial Reference.”
A recent spate of lawsuits from plaintiffs represented by Pacific Trial Attorneys has highlighted the need for businesses to ensure ADA compliance. In the below article, JMBM partner Stuart Tubis discusses the importance of website compliance, and how best to defend your business if there is liability.
Mark S. Adams is an experienced trial lawyer, partner, and senior member of JMBM’s Global Hospitality Group®. In his more than 14 years with the Firm, Mark has created an international reputation as a Hotel Dispute Lawyer, handling litigation, arbitration, jury trials, and alternate dispute resolution in hundreds of matters affecting hotels, resorts, restaurants, and other hospitality properties. But not every matter should, or does, end up in litigation. Mark also provides pre-litigation strategic advice to avoid litigation and optimize a client’s position for settlement where possible.
In October this year, California Governor Gavin Newsom signed into law (effective July 1, 2024) a sweeping ban on pricing goods and services without including all mandatory fees or charges.
Recently, the California Assembly quietly instituted a bill that would dramatically change the landscape of ADA website litigation. If you think the recent wave of ADA website lawsuits has been alarming, buckle up – because you haven’t seen anything yet.
It seems like we’re on an economic rollercoaster right now and the big question is when we get off. When does inflation cool? We dig into the latest data to help determine if a soft landing really is where we’re heading.
When the Patel family opened a hotel in Dickinson, North Dakota in 2007, they agreed that brand recognition offered by a large franchise chain would be a valuable trade-off to operating independently. After careful analysis, they chose to operate their family hotel as a Quality Inn and Suites with Choice Hotel International Inc. (Choice Hotels). This is similar to the decisions being made by thousands of entrepreneurs each year to become franchisees of large brands instead of working as independent small business owners.
Over the past years, hotel companies – including brands, managers and owners – have increasingly sought the benefit of access to public markets and, in doing so, have become subject to the registration and disclosure requirements of the United States Securities Act and Securities Exchange Act. In doing so, these companies need to comply with a broad variety of detailed regulations addressing their disclosure and reporting obligations. The Securities Exchange Commission recently adopted regulations which will have an impact on publicly traded hotel companies that suffer a data breach.
Remington Hotels, a prominent hotel management company, has unveiled a new brand identity as Remington Hospitality, reflecting its broader range of offerings and future strategic directions which include traditional hotel accommodations, independent hotels and resorts, upscale dining, wellness and spa services, as well as glamping and unconventional projects. Having launched its Brand Performance team in 2021 and with over five decades in the hospitality sector, Remington is now exploring international expansion and further ventures into the wellness resort market. The rebrand aligns with their core values of hospitality, integrity, and excellence. The new brand strategy also promises to provide more stability for its employees and will attract a wider range of ownership groups. Looking forward, the company aims to become a powerhouse in the areas of food, beverages, wellness, luxury independent accommodations, and non-traditional lodging.
The Americans with Disability Act (ADA) is an important piece of legislation guaranteeing equal access to public facilities to the nearly 60 million people with disabilities in the US today. Stuart Tubis, a partner in JMBM’s ADA Compliance and Defense practice, recently presented on why accessibility legislation is something all business owners should be aware of, and how many lawsuits have shifted focus to online spaces instead of brick-and-mortar locations.
Many countries have laid new visions and concrete plans to facilitate international travel and gain larger shares of the global travel market. With demand for global travel high, and international inbound travel to the U.S. being years away from a full recovery, we must address the current challenges and deterrents to remain competitive as a destination.
The National Travel and Tourism Office (NTTO) recently released an international visitation forecast, its first since the onset of the pandemic. The forecast, which extends until 2027, projects that inbound travel will fully recover to pre-pandemic levels in 2025. This is consistent with U.S. Travel’s fall 2022 forecast. By 2027, NTTO projects that there will be 91 million international visitations, which is in line with the government’s recently-announced National Travel and Tourism Strategy.
In an effort to dig deeper into the traveler experience and identify barriers and points of friction that keep travelers at home or traveling less frequently, we launched a new quarterly consumer survey with Ipsos at the start of the year.
Did you know: Travel spending is considered an export or an import—depending on who is spending.
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.
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.
According to the most recent survey of economists, a recession in the coming months looks increasingly likely.
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.
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).