a&m combines hospitality a&m’s operational...
TRANSCRIPT
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The things hospitality employees say when you’re not around can cause legal troubles for you. Fisher & Phillips provides practical solutions to workplace legal problems. This includes helping you find and fix these kinds of employee issues before they make their way from the water cooler to the courthouse.
What you don’t hear can still hurt you.
THEY’RE WORRIED ABOUT OVERTIME. I’M JUST WORKING
OFF THE CLOCK.
YOU’RE REALLY SHOWING OFF YOUR BEST ASSETS TODAY.
I KEEP SAYING I CAN’T WORK BECAUSE OF CHURCH, BUT THEY SCHEDULE ME ANYWAY.
I’M GOING TO TWEET ABOUT
THE ROCK STAR IN THE BAR.
Andria Ryan • [email protected] • 404.240.4219 Steve Roppolo • [email protected] • 713.292.5601
www.laborlawyers.com
ATLANTA BALTIMORE BOSTON CHARLOTTE CHICAGO CLEVELAND COLUMBIA
COLUMBUS DALLAS DENVER FORT LAUDERDALE GULFPORT HOUSTON IRVINE
KANSAS CITY LAS VEGAS LOS ANGELES LOUISVILLE MEMPHIS NEW JERSEY NEW ORLEANS
ORLANDO PHILADELPHIA PHOENIX PORTLAND SAN ANTONIO SAN DIEGO SAN FRANCISCO
SEATTLE TAMPA WASHINGTON, D.C.
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A&M combines hospitality industry experience with
functional expertise
It’s how we hire and who we hire that delivers results
A&M’s operational heritage helps unlock value for owners and investors
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HOSTED IN COORDINATION WITH:
#HLC16SOCIAL
57
111214162022252831
Welcome!Agenda-At-A-GlanceHILPSCorporate CounselOMSGeneral SessionsFood & Beverage Human ResourcesLodgingExhibitor SpotlightThank You!
@Hospitality_Law
Hospitality Legal, Risk, Safety & Security
Hospitality Lawyer
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2016 HOSPITALITY LAW CONFERENCE - FEBRUARY 22-24, 2016 - HOUSTON, TX - HOSPITALITYLAWCONFERENCE.COM
Intensive Networking. Exceptional Education. It’s Not Just for
It is my pleasure to welcome you to the Hospitality Law Conference 2016 now in its 14th year, including the 4th Annual Owner-Management Summit and 3nd Annual Hospitality Insurance & Loss Prevention Summit, held at the Royal Sonesta Hotel, Houston, Texas, Monday, February 22 to Wednesday, February 24, 2016.
Since its inception, the conference has dramatically expanded in scope, uniting hundreds of industry executives and other thought leaders to break down silos and create cross-functional dialogues on the most pressing issues in the hospitality field. These exciting sessions are crafted to bring you up to speed and anticipate future issues to assist you in your performance. Our goal has always been to provide the industry with quality education on legal, safety, and security challenges.
From development deals to management agreements, from food and beverage liability to labor and employment, and from preventing the most frequent claims to cyber security, the latest cases, trends and challenges in compliance, finance, law, risk, safety, and security are up for exploration.
The Owner Management Summit, coordinated by HVS Management and CBRE, intersects legal, finance and technology. With this year’s OMS we are looking at the entire hotel life cycle in four sessions:
• Buy vs. Build - Making complex decisions• Capitalizing Your Project - Maximizing value• Capital Improvements – Expectations and leveraging the upgrades• Optimizing the Exit - Capturing total value on the Reversion Sale
The Hospitality Insurance and Loss Prevention Summit includes the following sessions:
• A Discussion of Most Frequent Claims and How to Prevent Them • Nailing Down Responsive Cyber Coverage that Responds to Hospitality Industry Risks• Aquatic Accidents Investigations- What can be Done so you are not up the Lazy River Without
a Paddle• Video Enhancement & Analysis• The State of the Insurance Market for Hospitality Entities
Hotel and Restaurant Corporate Counsel have several opportunities to meet with their peers in facilitated conversations to explore common challenges, solutions and law department management. Also featured during the Hospitality Law Conference are break-out sessions and roundtables in Food & Beverage, Lodging, and Human Resources & Labor Relations.
We are very excited to present our newest addition this year, the active shooter scenario at a hotel convention center where you will participate as a team member to work through a crisis situation.
You will not want to miss the Monday afternoon keynote speaker, Guy Langford, the vice chairman and US leader of the Travel, Hospitality and Leisure Industry and Deloitte Advisory partner in Deloitte & Touche LLP. In his presentation, Reading Between the Headlines to Find the Trend Lines, you will experience an in depth look at how the economy, rapid progression of customer preferences and expectations, proliferation of technology and emergence of disruptive market entrants are shaping industry trends for 2016 and the years to come. We’re glad you could join us!
Stephen BarthFounder, HospitalityLawyer.com
Lawyers.
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Superior results through unrivaled hospitality intelligence. Everywhere.
Supporting Law Firms and their Clients for over 25 Years
Expert Witness and Litigation Support • Vast experience assisting attorneys with hotel industry
information, practices and analysis to support litigation involving hotels. That litigation experience includes operations, contracts, marketing, financial structure, mortgages and financial analysis among others. We have staff who are experienced in both courtroom and administrative hearings.
Hotel Performance Analysis and Acquisition Due Diligence • To improve performance or alert you to potential issues
when purchasing. On-site property visits to review revenue opportunities and expense controls. Our goal is to maximize the hotel’s income and value.
Turn Around Consulting and Asset Management • Workout strategy development, repositioning analysis and ex-
ecution, and ongoing asset management services. Business plan formulation and PIP/Capital investment analysis and monitoring.
Other services include:• Loan and Property Portfolio Consulting
• Court Appointed Receivership
• Family Office Experience
• Contract Negotiations
Our Clients have access to all of HVS. We can provide you with one contact point for coordination of multiple services from other divisions of HVS in our 35 global offices such as appraisal/valuation, capital markets for new equity and brokerage services, design, renovation, repositioning coordination, and executive recruitment.
Providing law practices who represent hospitality clients with an experienced operator’s, asset manager’s and owner’s perspective on Project Development, Brand and Operator Search, Selection and Contract Negotiation, and Operational Issues.
Jeff Crowley | +1 305-582-8928 | [email protected]
Kirby Payne | +1 401-625-5016 | [email protected]
HVSHotelManagement.com | HVSAssetManagement.com
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RESTAURANT & HOTEL CORPORATE
COUNSEL
HOSPITALITY INSURANCE & LOSS
PREVENTION SUMMIT
OWNER MANAGEMENT
SUMMIT
10:00 AM - 10:45 AM
10:45 AM - 11:45 AM
1:45 PM - 2:45 PM
OPENING REMARKS - Stephen Barth, HospitalityLawyer.com8:30 AM - 9:00 AM
COCKTAIL RECEPTION - Hosted By: Gardere Wynne, Faegre Baker Daniels and Cozen O’Connor
5:00 PM - 5:45 PM
AGENDA: MONDAY, FEBRUARY 22, 2016
CONTINENTAL BREAKFAST - Hosted By: Deloitte7:45 AM - 8:45 AM
9:00 AM - 10:00 AMFinancial, Legal, and Compliance Challenges in the Lodging and Restaurant Industries
Jerry Hamilton, Jeff Holdaway, Kevin Mallory & John Merkin
Discussion of Most Frequent Claims and How to Prevent Them - Todd Seiders & Allen
Wolff
Nailing Down Responsive Cyber Coverage that Responds to Hospitality
Industry Risks - Darin McMullen, Joshua Gold &
Heather Wilkinson
Aquatic Accidents Investigations - What Can Be Done So You Are Not Up the Lazy River Without a Paddle
- Kari Jacobson & Thomas (TJ) Cate
Video Enhancement - Barbara Worsham
The State of the Insurance Market for Hospitality Entities - Brian Ruane
11:45 AM - 12:30 PM
CORPORATE COUNSEL ONLY LUNCHEONSANTHONY MARSHALL AWARD LUNCHEON - Welcome By: CBRE
12:30 PM - 1:15 PM
What Have You Done for Me Lately? Recent Developments in Law Department Reporting to Management - Bernadette
Bulacan
Roundtables - Greg Duff, Elizabeth DeConti, Art Chinski, Kendall Hayden, Joe Pereles,
Stephen Ropollo, Jim Dedman, Tara Silver-Malyska
11:45 AM - 12:05 PMIs Your Website a Place of Public Accommodation - Darren Creasy & Andrea
Kirshenbaum
12:05 PM - 12:30 PM Defending the Franchisor in
Litigation Involving Third Party Plaintiffs and
Franchisees - James Eiler & Mary Douglas
Common Challenges - Hotel & Restaurant (Facilitated
Discussions) - Banks Brown & Dave Matthews
Common Challenges - All (Facilitated Discussions) -
Banks Brown & Dave Matthews
2:45 PM - 3:45 PM
4:00 PM - 5:00 PMTravel 2016: Reading Between the Headlines to Find the Trend Lines
Guy Langford
CASINO NIGHT! - Presented By: Michelman & Robinson, LLP 5:45 PM - 8:15 PM
10:00 AM - 11:15 AMBuy Vs. Build - Making
Complex Decisions - Cliff Risman, Nate Sahn & John
Keeling
11:15 AM - 12:30 PMCapitalizing Your Project - Maximizing Value - Olga
Lepow, Alexandra Cole & Marc Sallette
Capital Improvements - Expectations & Leveraging
the Upgrades - Jeffrey Crowley, Charlie Broun & Brandon Raney
Optimizing the Exit - Capturing Total Value on the
Reversion Sale - Albert Pucciarelli, Richard Sprecher &
Drew Noecker
CATERED BREAK - Hosted By: Buchalter Nemer3:45 PM - 4:00 PM
12:30 PM - 1:45 PM
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2016 HOSPITALITY LAW CONFERENCE - FEBRUARY 22-24, 2016 - HOUSTON, TX - HOSPITALITYLAWCONFERENCE.COM
How to Manage the Management Agreement -
Grace Yang
Fact or Fiction: Dealing with Guest Claims (Both Real & Imagined) - David Denney
Restaurant Reality 2016: Trends, Finance &
Expansion- Chris Tripoli & Jordan Bernstein
AGENDA: TUESDAY, FEBRUARY 23, 2016
LODGINGFOOD & BEVERAGE
HUMAN RESOURCES &
LABOR RELATIONS
Management Agreements- Key Negotiating Points
- Albert Pucciarelli & Alexandra Cole
People Are Normal Until They Check Into a Hotel
Room (Part II) - The Sequel - James Eiler & Rob Schnitz
Roundtables - Bruno Katz, Greg Duff, Kendall Hayden,
Justin Bragiel, Christian Stegmaier
OPENING REMARKS - Stephen Barth, HospitalityLawyer.com8:15 AM - 8:30 AM
DOL Sets its Sights on the Hospitality Industry -
Exemptions, Independent Contractors & Other
Compliance Challenges - Andria Ryan
Lessons Learned in Human Resources From Pop
Culture’s 2015 Memorable Moments - Sylvia St. Clair
Roundtables - Lindsay Nickle, Sandy Garfinkel,
Scott Schneider
CONTINENTAL BREAKFAST - Hosted By: Murchison & Cumming, LLP7:45 AM - 8:15 AM
8:30 AM - 10:00 AMHospitality Forum I
Scott Joslove, Elizabeth DeConti, Andria Ryan, Lara Shortz, Jim Dedman, Christian Stegmaier, Lindsay Nickle, Kalley Aman, Michael Nunez
10:00 AM - 10:45 AMImpact of Joint Employer Rulings
Dana Kravetz & Christian White
11:00 AM - 12:00 PMImportance of Company Policies Craig Woodcock & David Johnson
4:45 PM - 5:45 PMCrisis Management - Are You Prepared?
Anthony Campanelli, Marshall Billingslea & Denise Pacofsky
2:30 PM - 3:30 PM
1:30 PM - 2:30 PM
CATERED BREAK - Hosted By: Michelman & Robinson, LLP3:30 PM - 3:45 PM
3:45 PM - 4:45 PM
WINE RECEPTION - Hosted By: Fisher & Phillips5:45 PM - 6:45 PM
CATERED BREAK - Hosted By: GrayRobinson10:45 AM - 11:00 AM
THOMAS DAVIS AWARD LUNCHEON - Welcome By: Alvarez & Marsal12:00 PM - 1:30 PM
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AGENDA: TUESDAY, FEBRUARY 23, 2016
Talk aboutlegal ease.
Client: Serengeti - Talk AboutCreated by: GSS Communiqations, 323.939.1181Publication: Hospitality Law Conference 2/16Dimensions: 8.5” x 11.” trim (+.25 bleed)Agency contact: Andrea Graham [email protected] contact: Marc Shur [email protected] contact: [email protected]
With Serengeti Tracker, all the information you need is always just a click away.
Imagine having every aspect of every matter—the latest updates, emails, hours, overages, invoices, everything—accessible in an instant. Serengeti Tracker gives you a clear and comprehensive view of your entire workload, both in-house and at your outside fi rms, allowing you to organize, analyze and utilize data like never before. Serengeti Tracker was created by and for lawyers to make your job easier and your whole team more effi cient and effective. We speak your language.
To learn more about the #1 legal matter management, e-billing and analytics system, visit serengetilaw.com.
© 2016 Thomson Reuters. Thomson Reuters and the Kinesis logo are trademarks of Thomson Reuters.
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2016 HOSPITALITY LAW CONFERENCE - FEBRUARY 22-24, 2016 - HOUSTON, TX - HOSPITALITYLAWCONFERENCE.COM
CONTINENTAL BREAKFAST - Hosted By: Willis Towers Watson7:45 AM - 8:30 AM
8:30 AM - 9:30 AMTop 100 Cases
Diana Barber & Christian Hardigree
9:30 - 10:30 AMHospitality Forum II
Sandy Garfinkel, Kendall Hayden, Jason Cetel, Jeff Moore
10:45 AM - 12:45 PMActive Shooter in a Hotel
Immersive ScenarioRob Shuster, Steve Cocco, Richard Barrett-Cuetara, Brad Bonnell, Jeff Moore & James Eiler
CATERED BREAK - Hosted By: Exhibitor Alliances10:30 AM - 10:45 AM
CLOSING REMARKS - Stephen Barth, HospitalityLawyer.com12:45 PM - 1:00 PM
AGENDA: WEDNESDAY, FEBRUARY 24, 2016
Todd SeidersPetra Risk Solutions
Allen WolffAnderson Kill
Darin McMullen & Joshua GoldAnderson Kill
Heather WilkinsonWillis
Barbara WorshamRimkus Consulting Group
Brian RuaneWillis Towers Watson
Kari JacobsonLa Cava & Jacobson, P.A.
Thomas “TJ” CateRimkus Consulting Group
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2016 HOSPITALITY LAW CONFERENCE - FEBRUARY 22-24, 2016 - HOUSTON, TX - HOSPITALITYLAWCONFERENCE.COM
10:00 - 10:45 AMDiscussion of Most Frequent Claims and How to Prevent ThemSlips, falls, breaks, disruptions. If you are involved in the hospitality industry, you face very real threats to your financial well-being and your reputation. A security breach at your property, a slip by a patron, a defect in construction, or a natural disaster are examples of problems that could and should be addressed by your risk management program and your insurance. In this session, Todd Seiders, Director of Loss Control at Petra Risk Solutions, and Allen Wolff, Insurance Recovery Attorney with Anderson Kill, will identify and analyze some of the most frequent claims that arise in hospitality industry and will offer analysis and insight for managing the risk of such claims, mitigating the losses caused by them, and obtaining insurance coverage for them.
10:45 - 11:45 AMNailing Down Responsive Cyber Coverage that Responds to Hospitality Industry RisksHospitality businesses, which live by the credit card and extend internet access to a broad consumer base, are among those most vulnerable to cyber attack. To what extent can cyber insurance protect them from the liabilities and losses flowing from a cyber breach? The good news on the cyber insur-ance front is that insurance companies are eager to sell the protection, and favorable terms can be obtained if you know what to look for. The bad news is that the market lacks uniformity and many policies are confusing and densely written. This session will provide participants with the tools they need to purchase the coverage most likely to address hospitality industry risk– for example, ensuring that coverage will respond to breaches causes by guests’ use of facilities wireless networks. After overviewing the most important coverages, presenters will deliver ten tips for avoiding coverage traps and increasing the odds that the coverage grant covers actual risks. We will review provisions covering evolving risks, time element losses, breach of contract claims and data losses on cloud and third-party vendor systems. The session will also touch on claims handling practices that maximize the likelihood of full recovery.
Aquatic Accidents Investigations- What can be Done so you are not up the Lazy River Without a PaddleSwimming pools, waterslides, splash pads, and waterparks require unique and challenging consideration regarding safety of guest and patrons. Understanding of the risks, codes, laws, and industry standards can assist property owners, operators, risk managers, and attorneys develop strategies to provide a reasonably safe environment for guests thereby reducing risk and liability. This presentation examines the building codes, standards, and regulations that apply to the design and construction of the water attractions, and the standards and ordinances that apply to operations of the attractions. Topics including design, construction, access control, water quality, and supervi-sion of guests will be explored.
Video EnhancementAn incident occurs and is captured on surveillance video. Video Enhancement & Analysis is a one hour course designed to inform attorneys and risk managers on the process of video enhancement, the types of video that can be enhanced, and the factors that influence the enhancement process. The course demonstrates what enhancement steps are possible vs. what enhancement steps are only available in movies and television. It is demonstrated that in many cases, enhancement is only the first step of the process. Valuable information is gained in the analysis of the video or matching a 3D computer model with the surveillance video. Numerous examples from actual surveillance videos are shown throughout the presentation.
The State of the Insurance Market for Hospitality EntitiesBrian Ruane will cover the State of The Insurance Market and what you can expect on your next renewal, emerging risk issues and how to achieve the optimal result while negotiating your insurance program.
HOSPITALITY INSURANCE & Hosted By: Jamie Sharpe - Willis
MONDAY, FEBRUARY 22, 2016
LOSS PREVENTION SUMMIT
Todd SeidersPetra Risk Solutions
Allen WolffAnderson Kill
Darin McMullen & Joshua GoldAnderson Kill
Heather WilkinsonWillis
Barbara WorshamRimkus Consulting Group
Brian RuaneWillis Towers Watson
Kari JacobsonLa Cava & Jacobson, P.A.
Thomas “TJ” CateRimkus Consulting Group
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2016 HOSPITALITY LAW CONFERENCE - FEBRUARY 22-24, 2016 - HOUSTON, TX - HOSPITALITYLAWCONFERENCE.COM
10:00 - 10:45 AM“What Have You Done For Me Lately?” Recent Developments in Law Department Reporting to ManagementLike other business units, law departments must report to management regarding the value that they provide to their companies. However, most law departments face significant reporting challenges: collecting data from their many business units and outside counsel regarding the company’s legal activities and exposure, keeping this information current, and using this information to generate effective reports. Generating meaningful and accurate reports that give management/the board a realistic view into the company’s legal landscape can be daunting.
This session will discuss the latest reports that law departments are generating to demonstrate how they have been effective stewards of their companies’ legal work. We will also discuss the myriad of metrics that legal departments are collecting and consuming, and how recent developments in technology provide general counsel previously unavailable reports and benchmarks to assess their law departments’ performance.
10:45-11:45 AM - ROUNDTABLESThe NLRB’s Expanding Agenda: Handbooks, Social Media, Joint Employment and Quickie ElectionsThe NLRB is an agency on a mission – to make itself more relevant to all employees, even those not represented by a union. Even if your property operates without unions that does not mean you are exempt from National Labor Relations Board scrutiny of your handbook and policies. The NLRB has been increasingly aggressive in striking down employment policies that may have been in place for years. These include restrictions on sharing information, social media use, e-mail use, off-duty access to property and dress codes. For those organizations who are vulnerable to union organizing, the NLRB has finally implemented it’s “Quickie election” rule making it more difficult for employers to communicate with and educate employees during a shortened campaign period. During this session learn about the NLRB’s latest rulings, what the NLRB is looking for in your policies and how to be prepared for the possibility of a quickie union election.
Tipped EmployeesTip Pooling and Tip Sharing Agreements, Minimum Gratuities, Service Charges and Tip Credits are prevalent in the Hospitality Industry. This presentation will explore the potential wage and hour issues inherent in tips, gratuities and service charges and best practices to minimize legal risks in the work place.
Managing the Small Legal Department of a Growing Hotel CompanyHaving been general counsel at Drury Hotels Company for over 25 years, Joe has seen the company grow from 45 hotels to 130 hotels. He has run a lean legal department during that time and will share some “pearls of wisdom” on how he has managed the Drury Hotels’ legal department.
Social Media and Alcohol – Do You Know How to Mix This Cocktail?We have moved past a few tweets and a “like”. Social media is more complex now, and it is everywhere. How does your social media policy address alcohol? Do you understand the tied house issues associated with your liking, tagging, and sharing? Come hear an overview of the legal issues involved in your use of social media for alcohol advertisements related to your licensed premises.
Traps to Avoid and Provisions to Include in Settling Hospitality ClaimsThis session will discuss settling hospitality claims, including tricks Plaintiffs’ counsel employ and what you can do to best protect your business in a settlement.
Ethics & TechnologyThese days, every conference and seminar features a program about the newest ways to scour the Internet to find information on a claimant or opposing party. Technology, and its usage in litigation, is no longer new. But as state ethical bodies begin to examine these issues in more detail, it is important for practitioners and in-house counsel to be aware of the new rules governing counsel’s use of the Internet and technology in (and prior to) litigation. This program will review the latest ethical rules on lawyers’ review of social media, background investigation into witnesses and jurors, and the preservation of digital evidence, among other things.
CORPORATE COUNSELHosted By: Banks Brown - McDermott, Will & Emery
MONDAY, FEBRUARY 22, 2016
Bernadette BulacanThomson Reuters
Elizabeth DeContiGrayRobinson
Joe PerelesDrury Hotels
Art ChinskiBuchalter Nemer
Jim DedmanGallivan, White & Boyd
Kendall HaydenCozen O’Connor
and Dave Matthews - National Restaurant Association
Stephen RopolloFisher & Phillips
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2016 HOSPITALITY LAW CONFERENCE - FEBRUARY 22-24, 2016 - HOUSTON, TX - HOSPITALITYLAWCONFERENCE.COM
How to Prepare for 2016 Health Care Reform ChallengesFor employers, 2015 was a year of change and anticipation. What will happen in 2016? What should employers be doing this year? Looking back to the challenges of 2015 and evaluating the challenges to come, Willis invites you to join us for an ACA update. In this program, we will recap the rollout of the employer mandate and then look to upcoming challenges for 2016 and beyond.
While many employers still struggle with ACA basics like employee classification and testing rules for control group aggregation, the ACA’s looming inaugural information reporting period promises to challenge even the most well prepared employers. These challenges are compounded by compliance with ACA fees, excise taxes, wellness program mandates, and recent cafeteria plan modification opportunities. In this program, we’ll start with the basics, reviewing the employer mandate and then move on to more timely topics, including an information reporting update, Cadillac Tax updates, and public exchange developments.
11:45-12:05 PMIs Your Website a Place of Public Accommodation?Places of public accommodation are required by law to ensure “full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations” by the disabled. Nowhere is this more evident than in the hospitality sector, which is probably something Congress had in mind specifically when it passed Title III of the Americans with Disabilities Act of 1990. Having considered all the primary points of access to your location, however, is it possible you missed the biggest one: the Website?
The internet has evolved to become a—if not the—primary method by which consumers access goods and services available to the public. But debate rages as to whether the term “place” as used in Title III of the ADA should include electronic spaces as well. And the extent to which the law requires use of specialized technology to make the internet accessible to persons with disabilities may very well depend, at least for the time being, on where you live.
12:05-12:30 PMDefending the Franchisor in Litigation Involving Third Party Plaintiffs and FranchiseesA discussion from an in-house and outside counsel perspective on defending the franchisor in litigation involving third parties and franchise operations with recommendations for best practices for early resolution and defense of the litigation.
12:30 - 1:15 PMRestaurant & Hotel Corporate Counsel LuncheonPresented by: Michelman & Robinson, GrayRobinson, Thomson Reuters, The Law Firm of David . Denney and the National Restaurant Association
1:45 - 2:45 PMCommon Challenges (Restaurant) – Facilitated DiscussionRestaurant Corporate Counsel have several opportunities to meet with their peers in facilitated conversations to explore common challenges, solutions and law department management.
Common Challenges (Hotel) – Facilitated DiscussionHotel Corporate Counsel have several opportunities to meet with their peers in facilitated conversations to explore common challenges, solutions and law department management.
2:45 - 3:45 PMCommon Challenges (All) – Facilitated Discussion
CORPORATE COUNSELHosted By: Banks Brown - McDermott, Will & Emery
MONDAY, FEBRUARY 22, 2016
Tara Silver-MalyskaWillis Towers Watson
James EilerMurchison & Cumming
Mary DouglasStarwood Hotels & Resorts
Banks BrownMcDermott, Will & Emery
Darren Creasy & Andrea Kirshenbaum
Post & Schell
Dave MatthewsNational Restaurant Association
and Dave Matthews - National Restaurant Association
Dave MatthewsNational Restaurant Association
Banks BrownMcDermott, Will & Emery
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2016 HOSPITALITY LAW CONFERENCE - FEBRUARY 22-24, 2016 - HOUSTON, TX - HOSPITALITYLAWCONFERENCE.COM
10:00 - 11:15 AMBuy vs. Build - Making Complex DecisionsGiven the rate of NOI increase over the last few years, and the gravitation to hospitality assets by institutional and Private Equity investors, purchase prices for performing assets are often now above the costs to build new. Listen to perspectives on the outlook for pricing in the lodging market, the forward market for development, and which asset, a new-build or a buy, is a better undertaking. What legal considerations come into play? How do they impact the decision making process?
11:15 - 12:30 PMCapitalizing Your Project - Maximizing ValueIt can be difficult to determine the optimal capital structure for a project. The broad range of attractive debt options and a myriad of equity groups, both large and small, looking to participate in hotel transactions escalates the complexity of the situation. Watch our experienced colleagues discuss the advantages and pitfalls of different debt and equity structures, along with the legal analysis of each approach.
1:45 - 2:45 PMCapital Improvements - Expectations and Leveraging the UpgradesNow that the hotel industry is performing strongly, brand standards have increased, whether that means executing a change of ownership, PIP, or conducting a major renovation. In this break-out, industry veterans share their experiences and perspectives on achieving adequate funds, using bridge financing, executing renovations efficiently, and what revenue advantages that these renovations create. From a legal perspective, how much flexibility do you have? What aspects are negotiable, and at what stage in the process should they be addressed with franchisors?
2:45 - 3:45 PMOptimizing the Exit - Capturing Total Value on the Reversion SaleMany current hotel owners are wrestling with the decision to sell or keep their assets. To gain insight on the industry market, join this session as the panel gives their thoughts on future hotel valuation, investor interest, and potential pricing in the coming years. They will also address the significant legal considerations that can impact an exit strategy. Considerations include: provi-sions involved in termination and rehiring of employees, lawfulness of termination, data protection issues related guest history ownership, the timing and cost of reflagging, and the potential for continued use of branded inventory post termination or expiration.
OWNER MANAGEMENT SUMMITHosted By: Kirby Payne - HVS
MONDAY, FEBRUARY 22, 2016
Olga LepowDestination Hotels
Alexandra ColePerkins Coie
Marc SalletteCBRE
Jeffery CrowleyHVS
Charlie BrounHospitality Consultant
Brandon S. RaneyBC Lynd Hospitality
Albert PucciarelliMcElroy, Deutsch, Mulvaney & Carpenter
Richard SprecherAimbridge Hospitality
Drew NoeckerCBRE
Cliff RismanGardere
John KeelingValencia Group
Nate SahnCBRE
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Buchalter Nemer representsRestaurants
Food and Beverage CompaniesHotels
Resorts and SpasGolf Courses and Stadiums
Investors
Buchalter Nemerdecades of experience counseling businesses in the restaurant, hospitality, and food and beverage industries.
www.buchalter.com
Los Angeles | Napa Valley | Orange County | San Francisco | Scottsdale
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2016 HOSPITALITY LAW CONFERENCE - FEBRUARY 22-24, 2016 - HOUSTON, TX - HOSPITALITYLAWCONFERENCE.COM
MONDAY, FEBRUARY 22, 2016
9:00 AM - 10:00 AMFinancial, Legal, and Compliance Challenges in the Lodging and Restaurant IndustriesContinuing our efforts to break down the silos between various aspects of hospitality, this year we open the conference converging 3 thought leaders in the hospitality development/transac-tions, hotel and restaurant industries. Join us to hear their thoughts on the current climate in their respective fields as well as forecasts for the future and the potential financial, legal, and compliance implications of these forecasts.
4:00 PM - 5:00 PMTravel 2016: Reading Between the Headlines to find the Trend LinesAn in-depth look into how the economy, rapid progression of customer preferences and expecta-tions, proliferation of technology and emergence of disruptive market entrants are shaping industry trends for 2016 and the years to come. The industry is at an inflection point where the customer experience is everything, but not without new risks. Are you ready?
TUESDAY, FEBRUARY 23, 2016
8:30 AM - 10:00 AM - HOSPITALITY FORUM ISound and Savvy Operational Solutions to Offsetting the Increased Minimum Hotel WageIn cities and states across the country, the minimum wage is on the rise. In order to mitigate the impact of the increased wage, hotels should consider evaluating their operations to find ways to offset these costs. This presentation reviews ways that establishments can take a sound and savvy approach to operational issues in order to keep their bottom lines intact while avoiding mistakes that could lead to costly litigation.
The U.S. DOL’s New Regulation on Exemptions- How to Evaluate and Implement the ChangesThe anxiously-awaited proposed changes in regulations defining the federal Fair Labor Standards Act’s executive, administrative, professional, outside-sales, and derivative exemptions were pub-lished by the U.S. Labor Department for public consideration and comment. This is a stunning re-vamp of a long-standing regulatory scheme that could mean millions of employees who are currently salaried and exempt from overtime will become eligible for overtime pay almost overnight. While the DOL evaluates the comments and finalizes the regulations, which are expected to be released in mid to late 2016, hospitality employers should prepare. This session will help you identify what these changes would mean for your organizations and employees and options for compliance.
Workplace Violence: Preparing, Recognizing, Training and Responding to an Active ShooterAs news of shootings continue to dominate the news, it is critical for counsel and their clients to prepare, recognize, and train for the potential of an active shooting. This presentation will analyze and discuss the legal issues which accompany any such inquiry.
Privacy in the Aftermath of the U.S. Supreme Court Decision in the Patel CaseLast July, the United States Supreme Court decided the case of the City of Los Angeles v. Patel and ruled that police could not conduct a warrantless search of a hotel guest registry. This presentation examines the anticipated ramifications of this decision for hotel operators when it comes to the responsibility for protecting guest privacy while also complying with laws that require cooperation with authorities investigating criminal activities.
The Role of Third Party Ad Agencies in Your Regulated BusinessThe legal use of unlicensed third party advertising and promotions agencies is one of the most misunderstood subjects in our business. Learn about how licensed retailers may and may not use these companies to promote their alcohol business.
GENERAL SESSIONS Hosted By: Stephen Barth - HospitalityLawyer.com
FEBRUARY 22-23, 2016
Hosted By: Stephen Barth - HospitalityLawyer.com
Lindsay NickleWilson Elser
Elizabeth DeContiGrayRobinson
Jerry HamiltonHamilton, Miller & Birthisel
John MerkinPopeyes Louisiana Kitchen
Jeff HoldawayMarriott
Kevin MalloryCBRE
Guy LangfordDeloitte
Lara ShortzMichelman & Robinson, LLP
Andria RyanFisher & Phillips
Jim DedmanGallivan, White & Boyd, P.A.
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2016 HOSPITALITY LAW CONFERENCE - FEBRUARY 22-24, 2016 - HOUSTON, TX - HOSPITALITYLAWCONFERENCE.COM
Responding To An Employee’s Social Media Comments About the Workplace: Avoiding Pitfalls and Implementing Best Practices at Your BusinessSocial media use presents new challenges and risks for employers. Employees often turn to their personal social media accounts or private chat rooms to vent their workplace issues, and employ-ers often respond with swift disciplinary action against an employee for disseminating negative information about their business. In this presentation, I will identify the main pitfalls facing employ-ers who take action against employees for their social media use, provide guidance on avoiding violations of state and federal laws affecting social media use, and lay out the best policies and practices concerning employee social media use.
Tourism Public Improvement DistrictsThis topic will include discussion of the unparalleled success ($17 to $1 ROI in room nights) from the initiatives offered by the first Tourism Public Improvement District in Texas and the likely proliferation of such districts throughout Texas and the nation to spur both individual and group/convention and tourism activity.
Bedbugs: They’re Still Here (and Causing Trouble) - Current Trends in Litigation and Risk ManagementAs international tourism and immigration continues to increase in the United States, so does the threat of bedbugs and the resulting challenges they create on hoteliers and other operations in the hospitality sector. In the 13 years since the seminal case of Mathias v. Accor Economy Lodging, Inc., the jurisprudence in this area of hospitality law has continued to take shape. Learn about the current trends in bedbug litigation, as well as successful strategies being used by owners/operators (and their insurers) to respond to claims and the efforts being undertaken to reduce/mitigate exposure.
Recent Developments in Surveillance, Spoliation, and Cyber SecurityDescription not available at time of print.
10:00 AM - 10:45 AMImpact of Joint Employer RulingsThe National Labor Relations Board (NLRB) has likely thrown a mammoth monkey wrench in the traditional hotel franchisor/franchisee model. On August 27, 2015, in its highly controversial Browning-Ferris Industries of California (BFI) decision, the NLRB revised its test for the joint em-ployer doctrine, dramatically easing the criteria for a company to be considered a joint employer. Under the new standard, a finding of joint employer is much broader, and only requires that a busi-ness exercise “indirect” (or potential) control over workers. Hence, under the new test, a company may not only be held liable for its own labor violations, but also for those of the other entity. In this presentation, Dana Kravetz and Steve Goldman will review what this decision could mean for your business, and how to mitigate risk in light of the decision going forward.
11:00 AM - 12:00 PMImportance of Company PoliciesDecentralized locations and a camaraderie between managers and employees are defining characteristics of the hospitality industry. Unfortunately, these characteristics make the industry ripe for managers making exceptions to company policies. This presentation provides a legal overview of how company policies and their respect or disregard affects litigation.
4:45 PM - 5:45 PMCrisis Management – Are you Prepared?Companies are increasingly confronted with crisis events which challenge the reputation and via-bility of the company. How a company recovers from a crisis is often a function of the timeliness and effectiveness of its response more than the actual severity of the crisis. Recent crises like cyber breaches and food safety issues are a reminder for all executives to be prepared for a significant event. Establishing a robust crisis management program in advance of a crisis will help a company be positioned to effectively respond. War games and simulations enable a company to exercise its program to prepare for a crisis event whether due to physical threat to a hotel or a food safety issue at a restaurant.
GENERAL SESSIONS Hosted By: Stephen Barth - HospitalityLawyer.com
FEBRUARY 22-23, 2016
Kalley AmanBuchalter Nemer
Scott JosloveTexas Hotel & Lodging Association
Christian StegmaierCollins & Lacy, P.C.
Dana KravetzMichelman & Robinson
Christian WhiteAccorHotels
Craig WoodcockBen E. Keith Company
David Johnson Winstead
Anthony Campanelli Marshall Billingslea
DeloitteDenise Pacofsky
Deloitte & Touche LLP
Michael NunezMurchison & Cumming
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2016 HOSPITALITY LAW CONFERENCE - FEBRUARY 22-24, 2016 - HOUSTON, TX - HOSPITALITYLAWCONFERENCE.COM
WEDNESDAY, FEBRUARY 11, 2015
8:30 AM - 9:30 AMTop 100 Hospitality Cases of 2015This presentation will include brief summaries of the top 100+ legal cases that impacted the hospital-ity industry in 2015. The presentation will highlight the most interesting ones, as time will allow, with the usual format of one presentation and alternating between two speakers.
9:30 AM - 10:30 AM - HOSPITALITY FORUM IISecond Amendment Update in Light of New Texas LegislationThis session will discuss the recent Texas legislation on open carry laws, how it can affect your hospitality business, and what you can do about it. Although the focus will be on Texas, other jurisdictions will be discussed.
Data Security Incident Response Plans“Time is money.” That idiom is as true as ever when it comes to responding to a data security incident that has affected your company. Planning and preparedness leads to a faster, more organized and more effective response, which in turn reduces exposure and potential liability from a number of perspectives. For example: A fast forensic investigation allows companies to identify and close security weaknesses and to quickly understand the nature and scope of the information that may have been compromised. Efficient and controlled internal and external communications help preserve your company’s reputation. Prompt legal analysis and advice may help to eliminate or limit regulatory investigations and ensure timely notification to affected individuals. How can you ensure that all of this will occur quickly when a data incident occurs? The answer is by having a thoughtful, thorough and rehearsed data incident response plan at the ready. This session will cover the basics of how to devise and implement an effective data incident response plan. At a minimum, the plan should include response measures in order of priority, key individuals (both inside and outside of the company) who will shepherd the process along, resources required for the response, and a timeline for response steps, among other things.
Thank You For (Not) Smoking: Legal Considerations for the On-Premise Consumption of Marijuana in the Hospitality IndustryConsuming marijuana—whether for medicinal or adult recreational use—is legal in nearly half of the United States, and with major marijuana ballot initiatives scheduled for the 2016 Election, this issue will undoubtedly impact your business at some point in the future. Can patrons legally consume marijuana inside or outside your premises? If so, will you make a corporate policy to ban or restrict marijuana use? Does your state’s Clean Indoor Air Act apply to prohibit smoking marijuana on-site? What if a patron is vaping or dabbing (inhaling marijuana concentrates using paraphernalia that does not produce smoke)? And, outside of the traditional methods of inhaling marijuana, what are the legal implications for consuming marijuana-infused edible food products on the premises? Finally, how does marijuana use impact your dram shop liability policies for intoxicated individuals who have consumed marijuana or alcohol or a combination of both to excess? This talk will provide insight on how to implement best practices and structure corporate policies to address these con-cerns.
Hotel Attack Analytics- Helping Hotels Mitigate Terrorism RisksJeff M. Moore, PhD, will provide an overview and relative details on SecureHotel, a risk analysis product that tracks and analyzes terror attacks on hotels the world over. Based on five years of attacks and using more than 20 variables, SecureHotel analytics describe attack patterns and trends –specifically, the who, what, when, where, why, and the how of terror attacks on hotels. Hotel professionals can use it to: 1) intelligently upgrade security, 2) calibrate insurance, 3) formulate legal policy, and 4) improve business strategy, especially regarding development.
10:45 AM - 12:45 PMActive Shooter in a Hotel Conference ScenarioAre You Prepared?Experience a real-world active shooter scenario at The Hospitality Law Conference – 2016. Join a crisis-management team and put your knowledge to the test. Assess your crisis management skills by working with a diverse team of cross-functional professionals to develop policies, training, discuss legal concerns, and more.
GENERAL SESSIONS Hosted By: Stephen Barth - HospitalityLawyer.com
FEBRUARY 24, 2016
Diana BarberGeorgia State University
Christian HardigreeKennesaw State University
Sandy GarfinkelEckert Seamans
Jason CetelGrayRobinson
Jeff MooreMuir Analytics
Kendall HaydenCozen O’Connor
James EilerMurchison & Cumming
Brad BonnellExtended Stay America
Richard Barrett-CuetaraBarrett-Cuetara, PLLC
FACILITATORSSteve CoccoSecurity Strategies TodayJeff MooreMuir AnalyticsRob ShusterAFIMAC
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2016 HOSPITALITY LAW CONFERENCE - FEBRUARY 22-24, 2016 - HOUSTON, TX - HOSPITALITYLAWCONFERENCE.COM
1:30 PM - 2:30 PMHow to Manage the Management AgreementThis presentation will address the complicated landscape of interim food and beverage contracts, management agreements, and the compliance issues which arise from the two. These agreements can be challenging for chains because there is no “one size fits all” as a result of variances in state enforcement policies. The presentation will cover common issues and will provide some best practices.
2:30 PM - 3:30 PMFact or Fiction: Dealing with Guest Claims (Both Real & Imagined)Promoting alcohol beverages is a more competitive enterprise today than ever before. Media chan-nels are nearly unlimited – social media, internet/digital, television, traditional paper and more. Learn how to navigate the multi-jurisdictional web of the legal landscape when planning sweepstakes, happy hours, and other promotions using all of these channels, and hear about best practices for talking to an audience about alcohol.
3:45 PM - 4:45 PMRestaurant Reality 2016: Trends, Finance & ExpansionMichelman & Robinson, LLP Attorney Jordan Bernstein and A La Carte Foodservice Consult-ing Group President Chris Tripoli will discuss “Financing Your Restaurant Under Current Market Conditions and Trends.” In this presentation, they will review best practices for securing capital to both start a new restaurant as well as to finance both remodeling and expansion. They will look at stand-alone operations as well as multi-unit endeavors. Their discussion will pay particular attention to the current economic environment for securing capital as well as trends affecting the kinds of financing restaurants are able to secure.
FOOD & BEVERAGE TRACK Hosted By: Jay Lerdal - National Restaurant Association
TUESDAY, FEBRUARY 23, 2016
Grace YangGrayRobinson
David DenneyLaw Firm of David T. Denney
Jordan BernsteinMichelman & Robinson
Chris TripoliA’ La Carte Foodservice
Consulting Group
Toxicology and Food Safety Evaluations Property Damage Investigations Premises Liability Investigations Security Evaluations Fire Suppression Systems Investigations Dram Shop Evaluations Video Enhancements Legionella Assessments Aquatic Accident Investigations
Hospitality & Restaurant Industry Forensic Services
For More Information, Contact:Michael Manley, Sr. Vice President, Strategic Accounts
www.rimkus.com
Rimkus Consulting Group, Inc. is a full service, forensic engineering consulting firm established in 1983. We offer a wide array of technical consulting services worldwide. Over the years Rimkus has investigated thousands of losses within the hotel and restaurant industries. We advise our clients in the resolution of complex claims, incidents, and disputes.
Rimkus employs professionals whose broad range of expertise assists clients in understanding the complex issues that led to a catastrophic event. Our in-depth site investigations and consistent analysis enable our professional staff to render opinions and conclusions based on scientific facts.
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www.gray-robinson.com
Relationships. Resources. Results.We have the knowledge, experience and relationships to help you reach your business and personal objectives.
We represent restaurants, hotels, clubs, golf courses, convenience stores, supermarkets, and other members of the hospitality industry nationally and internationally. Our attorneys, regulatory consultants, and other professionals handle mergers and acquisitions, litigation,
licensing, license maintenance, regulatory compliance and enforcement, and other issues facing your business. Contact us to find out how we can protect your interests and secure your objectives.
GrayRobinson’s Alcohol Beverage and Food Industry Teamis Proud to Support the 2016 Hospitality Law Conference.
Elizabeth A. DeConti, Shareholder813-273-5159
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2016 HOSPITALITY LAW CONFERENCE - FEBRUARY 22-24, 2016 - HOUSTON, TX - HOSPITALITYLAWCONFERENCE.COM
1:30 PM - 2:30 PMDOL Sets its Sights on the Hospitality Industry – Exemptions, Independent Contractors and Other Compliance ChallengesGone are the days of federal government outreach to employers and providing education and compliance assistance. As a result, the risk of US Department of Labor investigations and large penalties has increased substantially especially for hospitality employers. The DOL considers hospitality to be a “high risk” industry for wage and hour violations because the industry employs large numbers of “vulnerable” employees (younger workers, temporary workers and seasonal workers) who are not likely to complain and because the industry is what the DOL calls a “fissured industry” by which it means the industry is dominated by arrangements (such as franchises and management agreements) which results – in the DOL’s opinion – in the dilution of both the relation-ship between employer and employee and the responsibility for compliance with employment laws. Couple this with the stunning proposed regulations that could mean millions of employees who are currently salaried and exempt from overtime will become eligible for overtime pay almost overnight and the DOL’s guidance about what it calls a “problematic trend” of allegedly misclassifying workers as independent contractors rather than as employees – and hospitality employers have a real com-pliance challenge. This session will help you understand the DOL’s current enforcement positions and provide you with practical solutions to address these challenges.
2:30 PM - 3:30 PMLessons Learned in Human Resources From Pop Culture’s 2015 Memorable Moments2015 was an exciting year in pop culture: A former Olympic decathlon champion documents her gender transition on national reality television. A county clerk in Kentucky gains international attention after defying a federal court order requiring that she issue marriage licenses to same-sex couples. A leading female actress shares an open letter on social media raising questions about gender wage disparity. At the heart of these widely publicized moments are takeaway lessons for hospitality employers. This session covers issues involving transgender discrimination, religious accommodations, the Equal Pay Act and other “hot button” employment issues.
3:45 PM - 4:45 PM - ROUNDTABLESPrivacy, Data Security, and the Hospitality Industry: What Changing Laws Mean for YouBusinesses and consumers today are bombarded with stories of data breaches and theft of personal information. The myriad of state laws and federal regulations governing data security are constantly in flux, which can make it difficult for a business owner to know what steps to take to comply with the law, while protecting sensitive data and still giving their customers quality service. This discussion will provide an overview of key privacy issues, risks to be aware of, and potential legal ramifications that impact this hospitality industry.
Sex, Gender, Same-Sex Marriage, & Transgender Employees: What it All MeansAround the country laws are changing as they relate to gender, how gender is defined, marriage between same-sex couples, and how transgender individuals should be treated in the workplace. Employers must be prepared to ensure that their benefits programs align with the Supreme Court’s same-sex marriage ruling. Transgender employees also must be treated with respect and dignity, which often means training the rest of the staff about the laws that protect these employees. This session reviews the changing laws and their impact on the workplace, and outlines steps employers should take to avoid legal problems.
Employees are a Soft Spot in Data Security: Training your employees to avoid conduct that could make your company susceptible to a loss or theft of dataData thieves can penetrate your company’s electronic systems in a large variety of ways. But where are the weakest points in your security? One place where weaknesses are likely to exist is in your own employees, through their lack of security awareness and dangerous habits. Inadequately trained employees tend to use weak passwords that they share or leave exposed, to be fooled into clicking on links or attachments in phishing e-mails, to transport unencrypted, sensitive data on mobile devices that can easily be lost or stolen, or to log onto your system from the outside using unsecure wi-fi access. Some employees with access to sensitive data may actually become knowing data thieves, or work in cooperation with cyber criminals outside of your company. This roundtable session will cover the dangers posed to your data security by your own employees, and ways to reduce the danger that employees often unwittingly pose, by implementing mandatory training, policies and practices.
HUMAN RESOURCES TRACK Hosted By: Andria Ryan - Fisher & Phillips
TUESDAY, FEBRUARY 23, 2016
Andria RyanFisher & Phillips
Sylvia St. ClairFaegre, Baker & Daniels
Scott SchneiderFisher & Phillips
Lindsay NickelWilson Elser
Sandy GarfinkelEckert Seamans
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Connect with AndersonKillLaw online
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From concept to completion, Gardere attorneys have provided counsel in connection with some of the most recognized resorts and hotels in the United States, Latin America, the Caribbean, Canada, Europe and the Middle East. We know the hospitality industry. We believe you shouldn’t have to go through Hell to build Heaven on Earth.
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Albert PucciarelliMcElroy, Deutsch, Mulvaney & Carpenter
Alexandra ColePerkins Coie
James EilerMurchison & Cumming LLP
Rob SchnitzHyatt Hotels
Justin BragielTexas Hotel & Lodging Association
Christian StegmaierCollins & Lacy
Reuters/David Mdzinarishvili
Practical Law provides legal know-how that gives lawyers a better starting point. Our expert team of attorney editors creates and maintains thousands of practical resources across all major practice areas. We go beyond primary law and traditional legal research to allow you to practice more efficiently and improve client service. Begin your FREE TRIAL now at startwithpracticallaw.com.
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2016 HOSPITALITY LAW CONFERENCE - FEBRUARY 22-24, 2016 - HOUSTON, TX - HOSPITALITYLAWCONFERENCE.COM
1:30 PM - 2:30 PMManagement Agreements- Key Negotiating PointsOverview of the deal terms in modern management agreements, discussion of key negotiating points and a review of recent legal issues and possible areas of contention. This will be an interac-tive session with attendee participation.
2:30 PM - 3:30 PMPeople Are Normal Until They Check Into A Hotel (Part II) The SequelIn response to the popular original “People Are Normal Until They Check Into a Hotel Room”, Senior Partner James Eiler of Murchison & Cumming, LLP and Rob R. Schnitz, Senior Vice President of Hyatt Hotels will present a “sequel” discussing a new collection of strange-but-true experiences involving claims, lawsuits, and losses involving the hospitality industry.
3:45 PM - 4:45 PM - ROUNDTABLESTraps to Avoid and Provisions to Include in Settling Hospitality ClaimsThis session will discuss settling hospitality claims, including tricks Plaintiffs’ counsel employ and what you can do to best protect your business in a settlement.
Trends in Discrimination including the ADA Claims Arising out of FMLAThe presentation will address from the speaker’s perspective as a trial attorney the trends that are occurring as to the type of employment claims filed. In particular, discrimination claims and the different basis for discrimination claims include ADA, disability. The presentation will also highlight preventative risk strategies to protect employers against these claims.
Distribution & The World of ParityExplore recent decisions by EU member states’ competition authorities and legislatures re parity and the enforceability of OTA parity requirements and OTA responses to date re the same. The moderator will discuss the practical contracting implications of these recent rulings and where parity may be going in the future.
Trending Issues in Hospitality RegulationThe session will discuss information on short-term rentals (STRs) and implications for both the lodging industry and local governments; firearms legislation and recent regulation; police activity and request for hotel records in hotels in light of Patel v. Los Angeles; FTC regulation of resort fees and other hotel charges; and trends in hotel taxes usage and economic development.
Reptile Theory: What You Need to Know in 2016 – Strategies for Counsel and Claims ProfessionalsThe “Reptile Theory” (Ball and Keenan, 2009) is flourishing in trial courts across the country. This technique/strategy focuses the discovery and trial of a case on the defendants’ behavior (rather than the traditional attempt to engender sympathy for the plaintiff). The fixation of the prosecution is on anger and the idea is to make jurors believe the worst about a defendant, typically a company, and its record of safety. Hospitality entities are not immune from the crosshairs of plaintiff’s counsel employing this strategy. Attend this presentation to learn more about Reptile Theory and its expansion into all parts of the United States and find out about strategies to effectively combat the same from discovery to trial.
LODGING TRACK Hosted By: David Samuels - Michelman & Robinson
TUESDAY, FEBRUARY 23, 2016
Albert PucciarelliMcElroy, Deutsch, Mulvaney & Carpenter
Alexandra ColePerkins Coie
James EilerMurchison & Cumming LLP
Rob SchnitzHyatt Hotels
Kendall HaydenCozen O’Connor
Justin BragielTexas Hotel & Lodging Association
Greg DuffGarvey Schubert Barer
Christian StegmaierCollins & Lacy
Bruno KatzWilson Elser
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LOS ANGELES | IRVINE | SAN DIEGO | SAN FRANCISCO | LAS VEGAS
to request more information contact [email protected] or visit www.murchisonlaw.com
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Innovate or be disrupted.Hospitality brands are rethinking how they do things and making bold moves to cast the next-gen traveler experience. At Deloitte, we bring deep industry experience and a perspective on how businesses can exploit the risks generated by industry disruption and innovation. Our market-leading risk advisory practice is dedicated to helping your organization manage strategic, financial, operational, technological, and regulatory risk to maximize enterprise value.
Explore how at www.deloitte.com/us/hotels
Guy LangfordVice ChairmanUS Travel, Hospitality & Leisure LeaderDeloitte & Touche [email protected]
Anthony CampanelliPartner | Deloitte AdvisoryDeloitte Financial Advisory Services [email protected]
Copyright © 2016 Deloitte Development LLC. All rights reserved.Member of Deloitte Touche Tohmatsu Limited
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2016 HOSPITALITY LAW CONFERENCE - FEBRUARY 22-24, 2016 - HOUSTON, TX - HOSPITALITYLAWCONFERENCE.COM
VISIT WILSON ELSER AT BOOTH 14VISIT HVS AT BOOTH 6
Nearly 800 attorneys strong, our firm serves clients of all sizes, across multiple industries and around the world. Wilson Elser has 24 offices in the United States, another in Lon-don and several European affiliates. This depth and scale has made us one of the nation’s most influential law firms, ranked in the Am Law 200 and in the top 50 of the Na-tional Law Journal 250. WE provides clients with full-service, first-class legal services, spanning the spectrum of litigation and related areas. We apply the discipline and diligence of effective litigation to virtually all areas of the law, drawing from 56 service areas to create multidisciplinary teams that give each client matter the best of the firm’s collective intelligence & capabilities.
VISIT RIMKUS CONSULTING AT BOOTH 12
Rimkus Consulting Group, Inc. is one of the world’s foremost forensic engineering and consulting firms. Headquartered in Houston, with 41 offices across the U.S. and Europe, we work with insurance com-panies, law firms, corporations, government agencies and individuals to help them un-derstand issues and resolve claims and disputes. For nearly 30 years, our exten-sive list of satisfied clients has found that no assignment is too large, too small or too complex for our staff to handle promptly and professionally and to report back in a clear, concise manner. We have supported those clients’ needs in every state in the U.S. and 70 foreign countries.
Buchalter Nemer is a full service business law firm that provides sophisticated legal work in nine primary practice areas and more than two dozen specialty practice groups including:
• Bank and Finance• Corporate• Health Care• Insolvency and Financial Solutions• Intellectual Property• Labor & Employment• Litigation• Real Estate• Tax & Estate Planning
Fisher & Phillips is a law firm committed to taking a practical, businesslike approach to solving labor & employment problems. In just 70 years, Fisher & Phillips has grown to become a national law firm with 300 attorneys and 31 offices. F&P is a national and local law firm, with attorneys admitted in just about every U.S. jurisdiction. Clients include employ-ers in the agriculture, automotive manufacturing, automobile dealership, banking, broadcasting, casino and gaming, construction, health care, hospitality, insurance, legal and professional services, manufacturing, mining, real estate, retail, technology, transportation, and wholesale and distribution industries, as well as state and local government entities, non-profit organiza-tions, schools, colleges and universities.
VISIT BUCHALTER NEMER AT BOOTH 2 VISIT FISHER & PHILLIPS AT BOOTH 7 VISIT GRAYROBINSON AT BOOTH 3
Our Vision: Passionately providing tools, technology and strategic thinking that enable new levels of growth and development, generating extraordinary and lasting value.
We are very passionate about the pro-cess at which we took to generate our core values and vision statement. Our team (above photo) unlocked a few of our authentic individual concerns. These concerns or values contribute to the overall values of our company. From these exercises, we are able to determine exactly what we stand for as a company.
VISIT VENZA AT BOOTH 8
GrayRobinson provides legal services for Fortune 500 companies, emerging busi-nesses, lending institutions, local and state governments, developers, entrepreneurs and individuals across Florida, the nation and the world. At GrayRobinson, we offer not only breadth across a great many legal specialties, but depth and proficiency in each one as well. We have invented a better brand of law firm, counting creativity as a hallmark characteris-tic and insisting on ingenuity and innovation. At GrayRobinson, there is no such thing as “business as usual.” We are one of Florida’s fastest-growing law firms and are proud to be on the forefront of emerging legal issues.
Enterprise Risk Control began in 2012, when an elite group of professionals, each with distin-guished resumes in the Risk Management and Background Screening Industry, decided after many in-depth conversations that a compre-hensive solution was lacking in the industry. So they decided to pool their resources to create something the world had never seen - the most advanced, feature-rich vendor management solution in the industry - unmatched results based on proprietary technology that no one can touch. The result? An accurate compliance solution that is intuitive, effortless and customiz-able beyond your wildest expectations.
VISIT ERC AT BOOTH 4
EXHIBITOR SPOTLIGHT Hosted In: Legends Pre-Function
FEBRUARY 22-24, 2016
VISIT MURCHISON AT BOOTH 5
M&C is an AV-rated AmLaw 500 “Go To” law firm for litigation in California and Nevada. We represent domestic and international businesses, insurers, professionals and indi-viduals in litigated, non-litigated and transac-tional matters. With more than 90 attorneys in our five offices, we are large enough to provide clients with the resources of a large firm while ensuring the level of personalized service one would expect to receive from a small firm, including being able to respond quickly to client emergencies, cutting edge legal issues and developments in the law. We are known and respected trial attorneys and have an appellate record that includes precedent-setting decisions.
HVS has provided consulting services and solutions for thousands of clients in all 50 states and more than 60 foreign countries for hotels, mixed-use, shared ownership and leisure assets. The firm also orches-trates major industry conferences and networking opportunities in various regions of the world. HVS is the industry’s primary source of hotel sales data, research, market studies and educational information relating to the hospitality industry.
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2016 HOSPITALITY LAW CONFERENCE - FEBRUARY 22-24, 2016 - HOUSTON, TX - HOSPITALITYLAWCONFERENCE.COM
Thomson Reuters provides professionals with the intelligence, technology and human expertise they need to find trusted answers.
We enable professionals in the financial and risk, legal, tax and accounting, intellectual property and science and media markets to make the decisions that matter most, all powered by the world’s most trusted news organization.
VISIT THOMSON REUTERS AT BOOTH 10 VISIT WILLIS AT BOOTH 11
Willis Towers Watson (NASDAQ: WLTW) is a leading global advisory, broking and solutions company that helps clients around the world turn risk into a path for growth. With roots dating to 1828, Willis Towers Watson has 39,000 employees in more than 120 countries.
We design and deliver solutions that manage risk, optimize benefits, cultivate talent, and expand the power of capital to protect and strengthen institutions and individuals. Our unique perspective allows us to see the critical intersections between talent, assets and ideas — the dynamic formula that drives business performance.
Together, we unlock potential.
EXHIBITOR SPOTLIGHTFEBRUARY 22-24, 2016
Hosted In: Legends Pre-Function
VISIT ANDERSON KILL AT BOOTH 13
Anderson Kill was founded in 1969 on the principles of integrity, excellence in the prac-tice of law, and straightforward solutions to complex legal issues. The firm’s attorneys approach engagements aggressively and have earned a reputation for combining corporate polish with pugnacity. Anderson Kill attorneys work together, leveraging creativity and legal and business acumen to deliver cost-effective resolutions to clients’ problems. Many of the firm’s professionals are recognized experts in their practice areas, leaders and active participants in professional associations, and are frequently invited to speak to business organizations.
InfoSec Education Programs
www.venzapeak.com
� Interactive eLearning Modules� PCI/PII Webinars (Hospitality Webinar Series)� Breakroom Posters� Smartphone App (Q2 2016)� Get On TOP™ Assessment Game� Industry News Feed� Spot-Check Awareness Audit (ea. Property; 2x)
STAY ON TOP
Programs Include
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2016 HOSPITALITY LAW CONFERENCE - FEBRUARY 22-24, 2016 - HOUSTON, TX - HOSPITALITYLAWCONFERENCE.COM
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