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C L E - C P E - E I - H R C I - C R E D I TS W I L L B E AVA I L A B L E

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Early Registration Ends

JANUARY 14, 2013

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Greetings from the President & Founder of HospitalityLawyer.com

It is my pleasure to invite you to the 11th Annual 2013 Hospitality Law Conference including the inaugural Owner-Management Summit, held in Houston, Texas from Monday, February 11th through 12:45 pm, Wednesday, February 13th. 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 issues. We look forward to seeing you there.

Very best regards,

Stephen BarthStephen C. Barth, President & Founder of HospitalityLawyer.comHouston, TX, United [email protected]

About the ConferenceFrom development deals to management agreements, from food and beverage liability to labor and employment, and from claims management to anti-trust issues, the latest cases, trends and issues in hospitality law, risk, safety, and security are up for exploration at the 11th Annual Hospitality Law Conference, February 11-13, 2013.

The Pre-Conference Workshops including the Owner-Management Summit on February 11th offers a full day of sessions on management agreements; new hotel developments, hotel investments; risk management, legal compliance and loss prevention; and issues affecting corporate counsel.

The Hospitality Law Conference from February 12th-13th includes general sessions on franchising, mitigating human trafficking and the always popular hospitality litigation reviews. Also featured are break-out sessions in three different topic areas: Food & Beverage, Lodging, and Human Resources & Labor Relations.

Please join us for this convergence of hospitality industry expertise for intensive education and exceptional networking.

Who Should Attend

Legal Corporate CounselPrivate Attorneys

Government AttorneysCompliance Officers

Hospitality Law FacultyLaw Students

OperationsRisk Managers

Security PersonnelLoss Prevention Personnel

Health, Science and Environment Professionals

IT ProfessionalsHR Professionals

Franchise Service DirectorsFood and Beverage Executives

Insurance Companies & BrokersClaims Managers

Finance - AccountingCFOs

AccountantsControllers

Comptrollers

Development Developers

LendersAsset Managers

OwnersBrokers

Receivers

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Monday, February 11, 2013

Hotel Owner-Management Summit + Pre-Conference Workshops

8:00am Registration Desk Opens8:00am – 8:45am Meet and Mingle Continental Breakfast8:45am – 9:00am Welcome9:00am – 11:00am Breakout:

1. Hotel Owner-Mangement Summit• New Hotel Development• Management Contracts• Hotel Investments Boot

Camp2. Restaurant & Hotel Corporate Counsel

Only Workshop3. The Convergence of Risk Management,

Legal Compliance and Loss Prevention Workshop

11:00am – 12:15pm Luncheon12:30pm – 2:30pm Breakout Sessions 2:30pm – 3:00pm Catered Break3:00pm – 5:00pm Breakout Sessions5:00pm – 6:15pm Wine Reception

Tuesday, February 12, 2013The Hospitality Law Conference

7:15am Registration Desk Opens7:15am – 8:00am Meet and Mingle Continental Breakfast8:00am – 10:00am General Sessions10:00am – 10:15am Catered Break10:15am – 12:15pm Breakout Sessions:

• Food & Beverage Track• Lodging Track• Human Resources & Labor

Relations Track12:15pm – 2:15pm Awards Luncheon and Presentation2:15pm – 4:15pm Breakout Sessions Continue4:15pm – 4:30pm Catered Break4:30pm – 5:30pm General Session5:30pm – 6:45pm Cocktail Reception & Drawing for an iPad & $500 American Express Gift Card

Wednesday, February 13, 20138:15am – 10:15pm General Sessions10:15am – 10:30pm Catered Break10:30am – 12:30pm General Sessions12:30pm – 12:45pm Closing Remarks & Drawing for $500 American Express Gift Card

Schedule-at-a-Glance

You don’t have to wait until the 2013 Hospitality Law Conference and the inaugural Hotel Owner-Management Summit to start networking. We encourage everyone to participate in our market-leading social media conversation. Take advantage of the opportunity to stay abreast of all the latest industry news and happenings, while engaging in ongoing social dialogue with industry professionals and thought leaders. Get connected today by joining the conversation in the following ways:

@Hospitality_Law Follow us on Twitter to receive the latest general industry news and updates. Don’t forget to tag conference-related tweets with #HLC13.

@HotelOwnerMgmt Follow us on our new Hotel Owner-Management group to get in the conversation with hotel developers, owners, and management groups. Don’t forget to tag conference-related tweets with #HOMS13.

Hospitality Lawyer Like us on Facebook to receive conference updates and the latest industry news at http://facebook.com/HospitalityLawyer Hospitality Legal, Risk, Join the discussion on LinkedIn with industry leaders and peers on current hot topics atSafety & Security http://www.linkedin.com/groups/Hospitality-Legal-Risk-Safety-Security-922967/about

Social Networking

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11:00am-12:15pm Luncheon & Presentation: The Current State of the Hotel Industry

Monday, February 11, 2013 - Pre-Conference Workshop

Owner-Management Summit (OMS)

7:30am Registration Desk Opens

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2:30pm-3:00pm Catered Break

5:00pm-6:30pm Wine Tasting Reception

8:15am-8:45am Meet & Mingle Continental Breakfast

8:45am-9:00am Welcome

Restaurant & Hotel Corporate Counsel

Protecting Your IP: Including Trade Dress,

Trade Secrets, Recipes & Top Level Domains

Avoiding Anti-Trust & Foreign Corrupt Practices

Act Traps

Medical Emergencies at Your Hotel, Restaurant, or Business: An Analysis of Duty, Risk and Liability

Managing the Risk of New Brand Rollouts

Hot Topics in the Food & Beverage Arena

E-Discovery & ESI – Don’t Leave Your Business

Exposed

Hotel Investments Financial Boot Camp

Understanding a Hotel Financial Statement & Key

Investment Terms

Deal Structuring, Investment Analysis,

Equity and Debt Capital

Understanding Hotel Investment and Valuation Methodologies and Pro-

Formas/Analysis

Determining the Value of a Hotel: The Debate

Continues; Is It the Value of the Dirt or the Business

Enterprise Value?

Key Business Terms/ Concepts in Major Hotel

Agreements

Alternative Financing Options, Including EB-5

Management Agreements

Key Business Terms at the LOI Stage; Basic

Negotiation Points & Marketing Terms

Loans & Key Money Arrangements:

Subordinations & Non-Disturbance Agreements

Negotiating the Incentive Fee & Performance Test

Mock Negotiation of a Management Agreement

Terminating Hotel Management Agreements

& Divorce Issues That Occur

Intentionally Left Open

New Hotel Development

Raising Equity

The Development Process: Feasibility,

Contracting, Funding and the Construction Process Including Insurance Part I

The Development Process: Feasibility,

Contracting, Funding and the Construction Process

Including Insurance Part II

A Round Table of

Developers, Capital Providers, Operators and

Lawyers

Panel of Franchise Hotel/ Brand Executives

Real World Scenarios: Developments in the

Middle East, Asia and Latin America (Both In-Bound

and Out-Bound): The Investors Perspective

The Convergence of Risk Management,

Legal Compliance & Loss Prevention

The Art of the Property Claim Negotiation – An

Insider’s Perspective

Critical Concepts of Business Litigation:

Understanding Insurance Coverage Issues and

How to Keep Secrets; The Attorney Client Privilege

Hospitality Business Interruption - Beyond the

Basics

Do Not Disturb: Data Privacy & Security Issues in

the Hospitality Industry

Crime Pays: A Conversation of Fraud, Recovery and

Best Practices in the Hospitality Industry

Best Practices for Attorneys, Internal

Auditors and Forensic Specialists in Executing Forensics Investigations

7:15am Registration Opens


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7:15am Registration Opens

10:00am-10:15am Catered Break

Dirt, Food and Booze: Negotiating Leases,

Catering and Banquet Agreements and Other Food Service Contracts

Hospitality Hazards: Liquor Licenses and Supplier-Sponsored Events

Top Reasons Restaurants Get Sued by Employees: A Prevention Plan

TBA

Is Your Criminal Background Check Policy

Consistent with the EEOC’s Updated Guidance?

Poised for Recovery: Hospitality Visas in a New Economy

Collective Bargaining in the New Economy- What to Expect at the Bargaining Table in

2013

Use of Subcontractors/Independent

Contractors in the Hospitality Industry: Practices, Developments, Pitfalls and

Safeguards

Allowing High Risk Activities at Hotels

Audits and Risk Assessment Processes in the Lodging Industry

Perspectives on Non-Traditional Online Distribution Channels

ADA Title III Litigation: What are the Courts Saying?

Wednesday, February 13, 2013 - Hospitality Law Conference

GENERAL SESSIONS 8:15am-9:15am Hospitality Case Review 9:15am-10:15am Fraud and Affinity Programs

GENERAL SESSIONS 10:30am-11:30am Healthcare Act and What It Means to Employers 11:30am-12:30pm The Attorney’s Role In Mitigating Human Trafficking 12:30pm- 12:45pm Closing Remarks & Drawing for $500 American Express Gift Card

GENERAL SESSIONS 4:30pm-5:30pm Food and Beverage Liability Update

4:15pm-4:30pm Catered Break

12:15pm-2:15pm Awards Luncheon & Presentation: The State of the Hotel Industry in Texas

10:15am-10:30am Catered Break

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Food & Beverage Track Human Resources & Labor Relations Track

Lodging Track

5:30pm-6:45pm Cocktail Reception & Exhibitor Showcase & Prize Drawing for iPad & $500

GENERAL SESSIONS 8:00am-9:00am Franchising: The Evolving Relationship Between Franchisors and Franchisees 9:00am-10:00am Hot Topics and Trends in Insurance Coverage



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New Hotel Development •Management Agreements •Hotel Investment Financial Boot Monday,February11,2013•Owner-ManagementSummit

7:30 a.m. Registration Desk Opens

8:15 a.m. - 8:45 a.m. Meet and Mingle Continental Breakfast Sponsored by: Deloitte

8:45 a.m. - 9:00 a.m. Welcome

9:00 a.m. - 10:00 a.m. Raising Equity Presented by: Irv Sandman, Sandman Savrann

How hotel companies raise equity for their projects, including equity structures and vehicles.

Key Business Terms at the LOI Stage; Basic Negotiation Points and Marketing TermsPresented by: Albert Pucciarelli, McElroy, Deutsch, Mulvaney & CarpenterPhi Colicchio, Taylor, Colicchio, & Silverman

This program will provide participants with a checklist for and basic understanding of key business and legal issues arising in the negotiation of a hotel management agreement, starting at the LOI stage. We will discuss what elements should be included in the LOI. Speakers will also provide their thoughts on issues that are heavily negotiated, such as the incentive fee formulation and performance tests, and will identify current trends in management agreement negotiations.

Understanding a Hotel Financial Statement and Key Investment TermsPresented by: Jonathan Falik, Newmark Grubb Knight FrankVail Brown, STR

Including: Loan to Value Ratios, Amortization, Yield Maintenance and Prepayment Formulas, Yearly Mortgage Constant, Before Tax Equity Dividend Rate, Before Tax Equity Yield, After Tax Equity Yield, Depreciation Parameters, Public vs. Private Company Parameters, Weighted Average Cost of Capital, pre and after tax yields; Key Operations Reports and Metrics

10:00 a.m. - 11:00 a.m. The Development Process: Feasibility, Contracting, Funding & the Construction Process Including Insurance- Part I Presented by: Chuck Bedsole, Alvarez & MarsalRich Sprecher, Aimbridge Hospitality

This panel will discuss the development process, including fesibility, contracting, funding, the construction process, and insurance.

Loans and Key Money Arrangements; Subordination and Non-Disturbance Agreements Presented by: Cliff Risman, GarderePhilip Gosch, Brownstein Hyatt, Farer ShreckSusan Aldridge, Rosewood Hotel & Resorts

This presentation will provide a survey of the legal and business issues involved in loan and key money arrangements, as well as subordination and non-disturbance agreements.

Deal Structuring, Investment Analysis, Equity and Debt CapitalPresented by: Jonathan Falik, Newmark Grubb Knight Frank

This presentation will discuss the nuts and bolts of deal structuring, investment analysis and how to structure equity.

11:00 a.m. - 12:15 p.m.Luncheon and Presentation: The Current State of the Hotel IndustrySponsored by: Alvarez & MarsalPresented by: Vail Brown, STR

An overview by STR on the current international and nation hotel industry performance trends and insight on what lies ahead.

12:30 p.m. -1:30 p.m. The Development Process: Feasibility, Contracting, Funding, and the Construction Process Including Insurance- Part II Presented by: Chuck Bedsole, Alvarez & Marsal

This panel will will continue to discuss the development process, including fesibility, contracting, funding, the construction process, and insurance.

Negotiating the Incentive Fee and Performance TestPresented by: Jamie CrolleDaniel Marinberg: Greenberg Traurig, P.A.

Two of the most critical titles on management agreements are compensation and term. This discussion will focus on negotiating and wording the Incentive Fee and Performance Test concepts for both the owner’s and operator’s standpoints. Multiple approaches and concepts for each aspects will be presented and discussed.

Understanding Hotel Investment and Valuation Methodologies and Pro-Formas/AnalysisPresented by: Emily Smith, RLJ Lodging TrustDavid Parker, DP Consulting

Including the difference between branded and unbranded hotel development- the value of a brand.

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New Hotel Development •Management Agreements •Hotel Investment Financial Boot Monday,February11,2013•Owner-ManagementSummit Monday,February11,2013•Owner-ManagementSummit

1:30 p.m. - 2:30 p.m. A Round Table of Developers, Capital Providers, Operators and LawyersPresented by: San San Lee, Law Offices of San San LeeMike Hines, HP Hospitality

Mock Negotiation of a Management AgreementPresented by: Moderated by: Mitch Berkey, Wolff & Samson

A mock negotiation of a hotel management agreement between an owner and manager will be moderated by Mitchell S. Berkey, a senior partner with Wolff & Samson in West Orange, New Jersey.

Determining the Value of a Hotel: The Debate Continues; Is It the Value of the Dirt or the Business Enterprise Value?Presented by: Daniel Lesser, LW Hospitality AdvisorDavid Lennhoff, SC&H Appraisal Services

A discussion of the concepts and underlying principles relative to the separation of real property, tangible personal property and intangible business assets. The presentation will also address the flaws in some of the more popular/simplistic approaches, being used by lawyers.

2:30 p.m. - 3:00 p.m. Catered BreakSponsored by: Gardere

3:00 p.m. - 4:00 p.m. Panel of Franchise Hotel/Brand ExecutivesPresented by: Tye Turman, Marriott InternationalShane Platt, Choice Hotel InternationalMike McGaughey, Best Western InternationalChip Ohlsson, Starwood Hotels & Resort WorldwideModerated by: Rich Sprecher, Aimbridge Hospitality

A panel of Hotel Franchise & Membership Company Executives will discuss the current state of their initiatives to spur development and satisfy the needs of the traveling public.

Terminating Hotel Management Agreements and the Divorce Issues that OccurPresented by: Albert Pucciarelli, McElroy, Deutsch, Mulvaney & CarpenterSteven Lerner, Redstone CompaniesJohn Thomas, Florida International University

Who controls the employees and the consequences to both sides; Termination fees, rights and a flow chart of issues that may arise under alternative exit strategies

Key Business Terms/Concepts in Major Hotel AgreementsPresented by: Jonathan Falik, Newmark Grubb Knight Frank

4:00 p.m. - 5:00 p.m. Real World Scenarios: Developments in the Middle East, Asia and Latin America (Both In-Bound and Out-Bound): The Investors PerspectivePresented by: Cliff Risman, GardereXavier Flores, Hyatt Hotels

This panel will discuss the developments in the Middle East, Asia and Latin America, for both in-bound and out-bound from the investor’s perspective.

TBA

Alternative Financing Options, Including EB-5Presented by: San San Lee, Law Offices of San San LeeLincoln Stone, Stone & Grzegorek

The EB-5 Immigrant Investor Program has been a growing source of funding for hospitality development as the EB-5 capital source is reputed to be a lower cost alternative compared to other sources of capital available in this capital-constrained economy. This panel will provide a few case examples of hospitality projects funded with EB-5 capital. As the EB-5 capital source ultimately depends on US immigration compliance, the panel will explain how the EB-5 application process works and will feature the types of deal structures and job creation methodologies that are likely to be successful with US immigration officials.

5:00 p.m. - 6:15 p.m. Wine Tasting Reception Sponsored by: Fisher & Phillips

Attend the Hotel Owner-Management Summit to stay on top of new developments, management agreements, and understand the financial aspects of hotel investments.

REGISTER BY JANUARY 14 AND SAVE.

www.hospitalitylawconference.com

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Restaurant & Hotel Corporate Counsel OnlyMonday,February11,2013•Pre-ConferenceWorkshops


8:15 a.m. - 8:45 a.m. Meet and Mingle Continental Breakfast Sponsored by: Deloitte

8:45 a.m. - 9:00 a.m. Welcome

9:00 a.m. - 10:00 a.m. Protecting Your IP; Including Trade Dress, Trade Secrets, Recipes and Top Level DomainsPresented by: Jennifer Sickler, Thompson & Knight

Over the past few decades, technological advances have brought about a revolution in business and in nearly all aspects of our lives. People communicate with each other in seconds, over vast territory There is no longer a need to be physically near clients and co-workers; instead employees can communicate effectively at home New technologies offer a wide variety of services and opportunities, and to some increase efficiency and productivity, but challenges remain: employers increasingly see a need to adopt ways to manage the widespread use of new technologies, find ways to prevent the inevitable loss of face-to-face interpersonal skills and a deterioration of relationships in the workplace, and prevent liability.

10:00 a.m. - 11:00 a.m. Avoiding Anti-Trust & Foreign Corrupt Practices Act Traps

11:00 a.m. - 12:15 p.m.Luncheon and Presentation: The Current State of the Hotel IndustrySponsored by: Alvarez & Marsal Presented by: Vail Brown, STR


12:30 p.m. -1:30 p.m. Medical Emergencies at Your Hotel, Restaurant, or Business: An Analysis of Duty, Risk, and LiabilityPresented by: Jerry Hamilton, Hamilton, Miller & Birthsel

A patron at a gym has a heart attack. A diner at a restaurant is choking. A guest has a seizure in a hotel lobby. As an Owner/Operator, what is your duty? What are the risks of your response? Can you be held liable for the medical outcome? We will examine recent case law in this evolving area of premises liability law.

1:30 p.m. - 2:30 p.m. Managing the Risk of New Brand Rollouts Presented by: Todd Soloway, Pryor Cashman LLPJoshua Bernstein, Pryor Cashman LLP

This interactive program will provide participants with an overview of the risks inherent to hotel operators in the rollout of new brands, with a particular emphasis on potential liability of operators to owners for the all-to-common incomplete nature of brand standards at the initial stages of the rollout of a new brand. The program will be designed to give in-house counsel for owners and operators the tools they need to manage those risks both in the drafting of management agreements and in the development process itself.


3:00 p.m. - 4:00 p.m. Hot Topics in the Food & Beverage ArenaPresented by: Elizabeth DeConti, Gray Robinson

This annual presentation will provide highlights of the past year’s most notable litigation cases arising out of the sale and service of alcoholic beverages and food. Among other issues, we will address dram shop and licensing-related issues on the alcohol side, and negligence, strict liability, and failure to warn on the food side. The presentation will identify litigation trends and defense strategies. In addition, we will look at the fact patterns from instructive cases and use them as teaching tools to discuss compliance and best practices for avoiding liability.

4:00 p.m. - 5:00 p.m. E-Discovery & ESI – Don’t Leave Your Business Exposed Presented by: Jennifer Heitman Wilson ElserBruno Katz, Wilson Elser

Every business in today’s world is driven by data. Issues related to legal obligations surrounding the nature and scope of data preservation have thrust their way to the top of corporate agendas, and rightfully so. Whether a lawsuit stems from a business dispute, employment claims, third-party personal injury claims, or compliance issues, failure to preserve electronically stored information (ESI) can jeopardize your bottom line. No matter how big or small, simple or complex your business model, there is no exemption from the obligation to disclose or discover electronically stored information. ESI related to your business may include client billing, vendor invoices, personnel files, payroll, contracts, post orders, incident reports, or related e-mail. Possible penalties and sanctions resulting from failure to properly preserve, disclose, and discover ESI include default judgments and substantial monetary fines.


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The Convergence of Risk Management, Legal Compliance & Loss Prevention

Monday,February11,2013•Pre-ConferenceWorkshops

9:00 a.m. - 10:00 a.m. The Art of the Property Claim Negotiation – An Insider’s PerspectivePresented by: Clark Schweers, BDO Consulting

This panel will discuss the best practices in working collaboratively and productively in settling property claims. Panelists will discuss the importance of how setting the stage early after the loss in terms of roles and responsibilities will greatly impact the final settlement negotiations. The session will focus on tips and tricks to maximize recovery and minimize the required time to come to a resolution.

10:00 a.m. - 11:00 a.m. Critical Concepts of Business Litigation: Understanding Insurance Coverage Issues and How to Keep Secrets; The Attorney Client PrivilegePresented by: Thomas Patterson, The Patterson Law Firm LLP

Many times, the key component of a successful resolution of a business issue depends on establishing insurance coverage. Learn what to look for in an insurance policy and what to do when you get a claim. This seminar will show in-house counsel what actions to take when a reservation of rights letter has been received and how to get the best representation possible. As in-house counsel, you’ll learn what you need to know regarding insurance coverage so that you may win business lawsuits.

Are your clients’ communications with you secret? Most people believe that their lawyer will keep their communications secret, but it is not always so. This presentation will help you recognize the issues that pervade the attorney-client privilege-and thus help you keep your clients’ secrets. In everyday litigation, risk managers, claims personnel, corporate executives and their lawyers frequently misunderstand the privilege, sometimes with devastating results. In this presentation, you’ll learn to keep sensitive information confidential. Thomas Patterson has demonstrated success by lecturing on this topic to the North Suburban Illinois Bar Association and has presented at a previous RIMS Conference.

11:00 a.m. - 12:15 p.m.Luncheon and Presentation: The Current State of the Hotel IndustrySponsored by: Alvarez & Marsal Presented by: Vail Brown, STR


12:30 p.m. -1:30 p.m. Hospitality Business Interruption – Beyond The Basics Presented by: John Hutson, Navigant ConsultingRoger Hillman, Garvey Schubert Barer

Through a series of small situational case studies, the attendees will explore issues common to hospitality firms in business interruption insurance claims and/or lost profits litigations. This will be interactive and participants will be expected to provide input on the case studies. While basic principles of business interruption will be reviewed, this course focuses on advanced damage valuation topics specific to the hospitality industry. The types of issues addressed will include, among others, revenue projections, mitigation efforts, cost drivers, and saved expense analysis.

1:30 p.m. - 2:30 p.m. Do Not Disturb: Data Privacy & Security Issues in the Hospitality IndustryPresented by: Linn Foster-Freedman, Nixon PeabodyMark Schreiber, Edwards Wildman Palmer LLP

This interactive program will provide participants with an overview of the risks inherent to hotel operators in the rollout of new brands, with a particular emphasis on potential liability of operators to owners for the all-to-common incomplete nature of brand standards at the initial stages of the rollout of a new brand. The program will be designed to give in-house counsel for owners and operators the tools they need to manage those risks both in the drafting of management agreements and in the

development process itself.


3:00 p.m. - 4:00 p.m. Crime Pays: A Conversation of Fraud, Recovery and Best Practices in the Hospitality IndustryPresented by: Chris Giovino, Dempsey PartnersCameron Shirley, Starwood Hotel & Resort WorldwideModerator: Robert Glasser, Dempsey Partners

You hope it will never happen. But, if and when it does, you’ll want to be prepared to handle the resulting process to achieve the best results for your company. In this session you will hear an organized crime investigator and a forensic accountant discuss strategies to maximize recovery of employee dishonesty claims, including:• tips for a productive investigation• coverage and legal pitfalls to be avoided• properly documenting liability and damages• working with law enforcement• working with internal stakeholders - general counsel, audit, security, IT, etc.• negotiating a successful settlement with your crime insurers

4:00 p.m. - 5:00 p.m. Best Practices for Attorneys, Internal Auditors, and Forensic Specialists in Executing Forensics InvestigationsPresented by: Anthony Campanelli, DeloitteVeronique Lanthier, Marriott International

Whistleblower allegations, accounting improprierties, issues discovered during routine audits, management misconduct, regulatory inquiries, subpoenas, and major litigations are all issues faced in the hospitality industry.Conducting an internal investigation that can withstand internal and external scrutiny often requires experience, judgement, and the right people and technological tools. This presentation will discuss the investigatory process, what to do when a matter arises, and the role of attorneys and forensic specialists in the investigatory process.


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Plenary SessionsTuesday,February12,2013•HospitalityLawConference-Day1


7:15 a.m. - 8:00 a.m. Meet and Mingle Continental Breakfast Sponsored by: Wilson Elser

8:00 a.m. - 9:00 a.m. Franchising: The Evolving Relationship Between Franchisors and FranchiseesPresented by: Arthur Pressman, Nixon PeabodyRobert Salkowski, Zarco, Einhorn, Salkowski, & Brito

9:00 a.m. - 10:00 a.m. Hot Topics and Trends in Insurance Coverage Presented by: Ken Trotter, Dickstein ShapiroJohn Heints, Dickstein Shapiro

“Hot Topics and Trends in Insurance Coverage” will address critical considerations in purchasing and pursuing insurance coverage for the hospitality industry, including insurance coverage for: 1) claims arising out of cyber events, such as data breaches and cyber attacks, that may be covered under cyber insurance policies and other traditional forms of coverage (e.g., property or liability policies); 2) claims arising out of international operations, such as claims based on a foreign government’s expropriation or confiscation of assets, a foreign government’s frustration or repudiation of contracts, or political violence that may be covered under political risk policies; 3) claims arising out of wage-hour class action lawsuits and various other employment-related lawsuits that may be covered under employment practices liability and directors’ and officers’ liability policies; and, 4) other claims such as those arising out of property damage, construction, or pollution.

10:00 a.m. - 10:15 a.m. Catered BreakSponsored by: Franczek Radelet

Track HostsNew Hotel DevelopmentChuck Bedsole, Alvarez & Marsal

Management AgreementsJamie Crolle

Hotel Investments Financial Boot CampJonathan Falik, Newman Grubb Knight Frank

Restaurant & Hotel Corporate Counsel OnlyBanks Brown

The Convergence of Risk Management, Legal Compliance & Loss PreventionTodd Seiders, Petra Risk Solutions

General SessionsStephen Barth, HospitalityLawyer.com

Food & Beverage TrackJanet Le, HospitalityLawyer.com

Human Resouces & Labor Relations TrackKris McDaniels, HospitalityLawyer.com

Lodging TrackRick Barrett, Shannon, Gracey, Ratliff & Miller Robert Glasser, Dempsey Partners

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Concurrent Breakout SessionsTuesday,February12,2013•HospitalityLawConference-Day1

10:15 a.m. - 11:15 a.m. Dirt, Food and Booze: Negotiating Leases, Catering and Banquet Agreements and Other Food Service ContractsPresented by: David Denney, The Law Offices of David Denney

David will highlight critical points for negotiation in restaurant and bar leases, banquet and catering agreements, and other hospitality contracts such as concessionaire and foodservice management agreements.

Is Your Criminal Background Check Policy Consistent with the EEOC’s Updated GuidancePresented by: Andria Lure Ryan, Fisher & Phillips

On April 25, 2012, the U.S. Equal Employment Opportunity Commission issued updated guidance on the use of criminal background checks in employment titled, Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964. The EEOC is using this guidance to investigate cases of discrimination related to employer’s use of criminal background check policies. This session will focus on two important steps for hospitality employers -- ensuring that your criminal background check policy will survive EEOC scrutiny and preparing for and responding to the EEOC’s systemic race and gender discrimination investigations of employers around the country.

Allowing High Risk Activities at HotelsPresented by: Chad Callaghan, Premises Liability ExpertsJames Eiler, Kaiser Swindells & EilerMichael Amaro, Prindle, Amaro, Goetz, Hillyard, Barnes & Reinholtz LLP

Hotels are being pressed to allow guests and groups to engage in high-risk activities such as ropes courses, jet ski’s, wild animals at events, fire-walking, water slides, lazy rivers, amusement rides, rock climbing walls, inflatables/bounce houses, play structures, etc. How can hotels allow this and protect themselves from potential liability?

11:15 a.m. - 12:15 p.m.Hospitality Hazards: Liquor Licenses and Supplier-Sponsored EventsPresented by: Kate Hardy, Nixon Peabody LLP

Trade practice regulations heavily restrict interactions between alcohol industry suppliers and wholesalers, on the one hand, and hospitality liquor licensees, on the other hand, including restaurants, hotels, bars and caterers. Currently, many states are changing and re-working the exceptions to their tied house laws that allow events to be held by suppliers and wholesalers in retail locations and which allow for sponsorship of events by spirit, wine and beer brands. The states also have widely varying rules on whether retail employees and consumers can be given samples of product by suppliers and wholesalers and whether and how a retailer can receive free product from a supplier or wholesaler to use at events. Although enforcement activities are mainly focused on suppliers and wholesalers, this is something that retail liquor licensees should be aware of.

Poised for Recovery: Hospitality Visas in a New EconomyPresented by: Jerome Grzeca, The Grzeca Law Group SC

As the improving U.S. economy spurs new business recovery and growth, many employers are rebuilding their workforces. With the return of labor shortages predicted in coming years, the need for foreign workers in the hospitality industry will continue to increase. Learn how different nonimmigrant classifications can be utilized by the hospitality industry to recruit the most talented individuals.

– “Training Future Managers” The J-1 and H-3 Trainee Classifications– “Retaining Employees Through the Global Mobility of Managerial and Specialized Knowledge Personnel” L-1 and E-2 Classifications– Recruiting H-2B Seasonal Workers in a Weak Economy– Hiring Open-Market Professionals using the H-1B, TN and O-1 Classifications

Audits and Risk Assessment Processes in the Lodging IndustryPresented by: Mike Cazel, Hospitality Safety & Security Services, Inc

12:15 p.m. -2:15 p.m. Awards Luncheon & Presentation: State of the Hotel Industry in TexasSponsored by: Greater Houston Convention & Visitors Bureau Presented by: Vail Brown, STR

An overview on the current hotel industry performance trends in Texas and specifically Houston and insights on what the future holds.

2:15 p.m. - 3:15 p.m. Top 5 Reasons Restaurants Get Sued by Employees: A Prevention PlanPresented by: Stephen Roppolo, Fisher & Phillips

In an informative and lively session, Fisher & Phillips attorney Steve Roppolo will examine the kinds of cases restaurants see most often from employees, from tip credit class actions to harassment claims.

Collective Bargaining in the New Economy- What to Expect at the Bargaining Table in 2013Presented by: Thomas Posey, Franczek Radelet PC

The economic upheaval experienced in the US over the last several years has changed the way hospitality employers do business, and has necessitated a corresponding change in the way they engage in collective bargaining. Economic pressures have led not only to operational changes, but also to changes in ownership and management structures, and these changes have brought issues like subcontracting and successorship obligations front and center at the bargaining table. This presentation will discuss some of the trends hospitality employers can expect to see in upcoming bargaining as their current contracts expire, and will address practical strategies for responding to those trends. It will also discuss the potential benefits and pitfalls associated with using multi-employer bargaining units as a means to increase an individual employer’s bargaining power.

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Concurrent Breakout SessionsTuesday,February12,2013•HospitalityLawConference-Day1

2:15 p.m. - 3:15 p.m. (continued)Perspectives on Non-Traditional Online Distribution ChannelsPresented by: Greg Duff, Garvey Schubert Barer LawRuth Walters, Garvey Schubert Barer Law

Beyond the known territory of online travel agents, Facebook and even Twitter, lie alternative, sometimes unexplored online distribution channels. From Groupon to members only luxury travel and retail sites, from the industry’s newest giant (Google) to a bleeding edge distributor with its own virtual currency, hoteliers have a host of innovative ways to reach potential guests with not only hotel rooms and meals, but, increasingly, “experiences.” Old names in the travel industry are associated with new names (Google again!) and the edges of the online distribution world shift and grow. Each channel raises a mixture of familiar and new business and legal issues “from ever changing data privacy legislation to U.S. state escheat laws, to antitrust concerns and beyond. With a constantly innovating Internet community of suppliers, distributors and consumers, there are a number of interesting challenges for lawyers who practice on these boundaries.

315 p.m. - 4:15 p.m. TBA

Use of Subcontractors/Independent Contractors in the Hospitality Industry: Practices, Developments, Pitfalls and SafeguardsPresented by: Laura Franze, Hunton & Williams

The question of who is an employee or employer seems simple in the abstract. Modern business structure, however, paints many shades of gray. The use of contract workers, temporary service agencies, joint ventures and equity arrangements blur traditional assessments of employment status. This session will clarify the important distinctions between employees, independent contractors, owners and the varying rights and obligations presented in multiple business situations.

ADA Title III Litigation- What are the Courts Saying?Presented by: Jennifer Heitman, Wilson ElserBruno Katz, Wilson ElserRonnie Guillen, Wilson Elser

This presentation will provide an overview of how the Courts have treated Title III ADA claims. A review of past decisions helps us identifies hot button litigation issues and provides a platform for development of best defense tactics.

4:15 p.m. - 4:30 p.m. Catered BreakSponsored by:

4:30 p.m. - 5:30 p.m. Food and Beverage Liability UpdatePresented by: Elizabeth DeConti, Gray Robinson

This annual presentation will provide highlights of the past year’s most notable litigation cases arising out of the sale and service of alcoholic beverages and food. Among other issues, we will address dram shop and licensing-related issues on the alcohol side, and negligence, strict liability, and failure to warn on the food side. The presentation will identify litigation trends and defense strategies. In addition, we will look at the fact patterns from instructive cases and use them as teaching tools to discuss compliance and best practices for avoiding liability.

5:00 p.m. - 6:15 p.m. Cocktail Reception and Drawing for an iPad and $500 American Express Gift Card Sponsored by: HIBA Members: McElroy, Deutsch, Mulvaney & Carpenter, LLP; Kaiser, Swindells & Eiler; Shannon, Gracey, Ratliff & Miller; Gardere

Exhibition HallExhibition Hours: Monday: 12:00pm - 6:00pmTuesday: 8:00am - 6:00pm

The Exhibition hall will be located in the main foyer on the second floor. Stop by the exhibitor booths to review the latest products and services and network with industry experts.

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Plenary SessionsWednesday,February13,2013•HospitalityLawConference-Day2

AwardsAnthony G. Marshall Hospitality Law AwardThe Anthony G. Marshall Hospitality Law Award is given in recognition of pioneering and lasting contributions to the field of hospitality law.

HospitalityLawyer.com Founder, Stephen Barth, says, “We honor Anthony Marshall for his pioneering and continued contributions to the field of hospitality law. He was the first to define reasonable care in a way that the average hotel manager, who is not a lawyer, could understand.”

Thomas G. Davis Loss Prevention Lifetime Achievement AwardThe Thomas G. Davis Loss Prevention Lifetime Achievement Award recognizes a person who has committed his or her career to improving safety and security in the hospitality industry. In presenting the award, the selection board seeks to recognize someone who exemplifies Thom Davis’ commitment to improving safety and security in the industry.

Stephen Barth, Founder of HospitalityLawyer.com, says “It is fitting that we name the Award after Thom, who diligently served the industry with his knowledge and insight, including assisting the Educational Institute of the AH&LA. His work and achievements serve as a standard for all recipients of the Award.”

7:45 a.m. - 8:15 p.m. Meet and Mingle Continental Breakfast Sponsored by: Garvey, Schubert & Barer

8:15 a.m. - 9:15 a.m. Hospitality Case ReviewPresented by: Diana Barber, Georgia State UniversityKaren Morris, Monroe Community College

The presentation will include brief summaries of the top 100+ legal cases that impacted the hospitality industry in year 2012. The presentation will highlight the most interesting ones, as time will allow, with the usual format of one presentation and alternating between two speakers.

9:15 a.m. - 10:15 a.m. Fraud in Affinity ProgramsPresented by: Brad Bonnell, IHG International

10:15 a.m. - 10:30 a.m. Catered BreakSponsored by: Shannon, Gracey, Ratliff & MIller

10:30 a.m. - 11:30 p.m.Healthcare Act and What It Means to EmployersPresented by: Callan Carter, Fisher & Phillips

11:30 p.m. -12:30 p.m. The Attorney’s Role in Mitigating Human Trafficking (Ethics)Presented by: Michelle Guelbart, ECPAT-USA

This session will look at the significant role that attorneys in the hospitality industry can play in addressing the risks of human trafficking associated with the operation of hotels, airlines, and travel and tourism providers. Attorneys can help companies evaluate the legal, reputational, and operational risks associated with human trafficking concerns. They can also advise clients seeking to incorporate industry best practices, including through the development of internal guidelines for identifying and responding to scenarios in which indicators of trafficking are identified.

This session will also look at the ethical responsibilities of attorneys to advise companies in a manner that incorporates an understanding of the human rights impacts of corporate operations. In doing so, we will look at ABA Model Rule of Professional Conduct 2.1 and discuss what “moral, economic, social and political factors” may be relevant to the legal advice that is provided with regard to human trafficking-related risks.

12:30 p.m. -12:45 p.m. Closing Remarks & Drawing for $500 American Express Gift Card

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Champion Sponsors

Patron Sponsors

Partner Sponsors

Media Sponsors

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Breakfast Sponsors

Lunch Sponsors

Reception Sponsors

Catered Break Sponsors

Bag Sponsors

Track Sponsors

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Hotel Accommodations & TravelOmni Houston Hotel Four RiverwayHouston, Texas 77056 For room reservations, please call 1-800-THE-OMNI.

The Omni Houston Hotel is centrally located in the prestigious Uptown Post Oak/Galleria area and is just minutes from all of the excitement that Houston, Texas has to offer. The Omni Hotel is just 10 minutes by car from the central business district and 30 minutes from George Bush Intercontinental Airport or 25 minutes from William P. Hobby Airport.

Daily Room Rate: $189 single / $189 double occupancy Cutoff Date: Monday, January 21, 2013

The hotel will release all unused rooms on the CUTOFF DATE set out above. You must make your reservations before this date in order to get the conference rate. When contacting the hotel for reservations, please identify yourself as a participant with the Hospitality Law Conference in order to obtain a room from the reserved block. Please do not send payment for accommodations to HospitalityLawyer.com.

United Airlines is proud to offer a discount of 5% - 15% off their online published fares. Go to United.com and choose your flight times and access your meeting discounts by inserting ZM22 in the Offer Code box.

Ground TransportationPrivate Ground Transportation GroundLinkBook online at www.groundlink.com212-787-7777

Save $30 off your first ride with GroundLink- the first global, mobile, & online private car service. Use Promo Code HLAW30 and get $30 toward GroundLink’s service. Schedule a ride in advance, anywhere in the world. More info at GroundLink.com. Town Car ServiceElite Town Car281-955-5450

TaxiFrom Bush Intercontinental Airport: $45From Hobby Airport: $22

ParkingThe Omni Houston Hotel features the following parking options:

Valet parking (Daily: $15; Over Night: $26)

On-site self-parking Blue Lot (First 20 minutes: Free; 20 minutes-2 hours: $8; 2 hours-6 hours: $12; Anything after 6 hours: $16; Overnight: $16 each night)

Complimentary parking is available in the Riverway Garage Brown Lot behind the hotel (Levels 4&5).

Things to Do in HoustonThe Greater Houston Convention & Visitors Bureau has provided a list of things to do at http://www.visithoustontexas.com/visitors/.

Continuing EducationMCLEFor U.S. attorneys, MCLE accreditation for up to 18.0 hours (1 hour of ethics) is available. Please be aware that each state has its own rules and regulations, including its definition of “CLE”. Please call (713) 963-8800 for questions pertaining to the number of credit hours granted by each state two to three weeks prior to the program. If you need a Certificate of

Attendance, please request one at conference check-in.

HRCIThis program has been approved for 4.0 (General) recertification credit hours toward PHR, SPHR and GPHR recertification through the HR Certification Institute. The use of this seal is not an endorsement by the HR

Certification Institute of the quality of the program. It means that this program has met the HR Certification Institute’s criteria to be pre-approved for recertification credit. CPE

HospitalityLawyer.com is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance

of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.learningmarket.org.

Hotel - Travel - Continuing Education

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Comprehensive Package (February11-13, 2012)- 2 1/2 daysIncludes complete Pre-Conference Workshop and Hospitality Law Conference presentations, Continental Breakfasts, Catered Breaks, Awards Luncheon, Wine Tasting, and Cocktail Reception

• Student: $299• Association/Educator: $699• Early Registration (by January 14, 2012): $799• Regular Registration (after January 14, 2012): $999

Pre-Conference Workshop/Owner-Management Summit (OMS) (February 11, 2012)Includes complete Pre-Conference Workshop presentations, Continental Breakfast, Luncheon, Catered Break, & Wine Tasting

• Association/Educator: $299• Early Registration (by January 14, 2012): $399• Regular Registration (after January 14, 2012): $499

Hospitality Law Conference (February 12-13, 2012)- 1 1/2 daysIncludes complete Hospitality Law Conference presentations, Continental Breakfasts, Catered Breaks, Awards Luncheon, and Cocktail Reception


SPECIAL PACKAGES Pre-Conference Workshop/Owner Management Summit + One-Day Hospitality Law Conference(Monday, February 11th and Tuesday, February 12th, 2013)Includes complete Pre-Conference Workshop and Hospitality Law Conference presentations, Continental Breakfast, Catered Break, Awards Luncheon, Wine Tasting Reception, and Cocktail Reception.


One-Day Hospitality Law Conference Registration Tuesday, February 12th, 2013)Includes complete Hospitality Law Conference presentations, Continental Breakfast, Catered Break, Awards Luncheon, and Cocktail Reception.


Comprehensive Package Group Rate (February11-13, 2012)- 2 1/2 daysIncludes complete Pre-Conference Workshop and Hospitality Law Conference presentations, Continental Breakfasts, Catered Breaks, Awards Luncheon, Wine Tasting, and Cocktail Reception

• A group consists of 3 people or more. A discount of 20% of the regular registration rates are applied to the third registrant and any additional registrant thereafter.

Conference Registration Options

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Registration Form

4. Presentation Materials The Hospitality Law Conference is going green!

1. Contact Information (please print)Name: Name for Nametag:

Firm/Company Name: Title:

Address:

City, State and Zip E-mail:

Phone: Fax:

p Check here if you have any special needs (including food allergies) so we may arrangements to accommodate you or call us at (713) 963-8800.

May we disclose your contact information in the attendee list (name, company, title, address, phone, and e-mail only)p Yes, with e-mail address p Yes, without e-mail address p No

5. Payment Information Master Card Visa American Express Check enclosed payable to HospitalityLawyer.com

Card #:

Exp. Date: Name on Card:

Check Payments: Please send checks to: HospitalityLawyer.com, 2450 Louisiana, Ste. 400-416, Houston, TX 77006.

Questions? Please contact HospitalityLawyer.com at 713-963-8800 or email [email protected].

3. Please confirm your attendance at the following events:Will you be attending the Luncheon on Monday, February 11th? Yes No

Will you be attending the Luncheon on Tuesday, February 12th? Yes No

Will you be attending the Reception on Monday, February 11th? Yes No

Will you be attending the Reception on Tuesday, February 12th? Yes No

2. Registration

Cancellation & Refund Assistance Due to our conference venue commitments, conference registrations are non-refundable. Substitutions are always welcome (please contact us with the substitute’s name so we can have their materials ready). Alternately, the conference registration amount may be applied as a credit for any HospitalityLawyer.com conference within 12 months of the date of the conference for which the attendee originally registered.

Register online at www.regonline.com/2013HospitalityLawConferenceFax completed forms to (832)-383-6770 or e-mail [email protected] February 8th, 2013

YES! Please e-mail course materials to: __________________________________@___________________________

Hospitality Law Conference Track(Please choose the primary track you plan to attend. You may attend more than one track).

Food & Beverage Lodging Human Resources & Labor Relations

Pre-Conference Workshop & Owner-Management SummitMonday, Feb. 11, 2013

Association/Educator $299

Early Registration (By 1/14/2013) $399

Regular Registration (After 1/14/2013) $499

Hospitality Law Conference Tuesday, Feb. 12 - Wednesday, Feb. 13, 2013



Regular Registration(After 1/14/2013) $699

Comprehensive Package Monday Feb. 11 - Wednesday, Feb. 13, 2013



Regular Registration (After 1/14/2013) $999

Pre-Conference Workshops (Please choose the primary Workshop you plan to attend. You may attend more than one Workshop at the conference).

The Convergence of Risk Management, Legal Compliance & Loss Prevention

Hotel & Restaurant Corporate Counsel (Corporate Counsel only)

New Hotel Development

Management Agreements Hotel Investments Boot Camp

CLE Credit:Will you be applying for CLE credit? If so, for which states? ______________________________________________________________________

In an effort to be more environmentally friendly, a link to all course materials will be e-mailed to you one week prior to the Hospitality Law Conference. Updated course materials will be e-mailed one week after the conference.

hospitalitylawyer.com | 2013 hospitality law conference brochure | hospitality law conference &...

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includes complete pre

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key money arrangements

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hospitality law conference