Hotels and resorts – we understand finance and real estate

The hospitality industry faces increasing competition, changing business conditions and heightened expectations. Hotels, restaurants and resorts must deal with difficult employment, real estate, regulatory and contract issues. Andrews Kurth lawyers know the hospitality business thoroughly, and offer a practical approach to the everyday challenges that confront our clients throughout North America, Europe and Asia. Our lawyers have the in-depth industry knowledge to handle virtually any major issue, including:

• Acquisitions and mergers
• Development and rebranding
• Joint venture negotiations
• Management agreements
• Financing arrangements
• Franchising relationships

In these and other challenges, we produce fast and effective solutions that resolve problems and create opportunities for our clients.

Acquisitions and sales

Andrews Kurth has served as counsel for numerous North American, European and Asian hotels, resorts and developers. We work with our clients to acquire hotels on the right terms, manage the assets efficiently, finance and refinance them and dispose of them profitably. We have special skill at helping owners negotiate long-term management agreements that contribute to advantageous financing and exit strategies. Our lawyers understand asset management issues as lenders, owners, managers, reviewers and asset managers see them, so we can effectively anticipate problems and identify opportunities.

Mergers and acquisitions

Andrews Kurth represents acquiring companies, targets and investment advisors in high profile business combinations involving hotels, restaurants and resorts, plus other property and real estate. We handle stock purchases, asset purchases, spinoffs, cash offers and tender offers, as well as initial public offerings, REIT transactions and mergers and acquisitions.

Financing and tax

Andrews Kurth lawyers know business and the law, and apply that knowledge to our clients’ practical operating and liquidity issues. In any financing transaction, we help all parties get the deal done while maximizing the best interests of our client. We advise loan originators on securitized lending programs and represent multinational hospitality companies in financing, management, acquisitions and general business matters. We understand how to work with owners, lenders and management companies to close complex financings that involve debt placements, mortgage-backed securities, structured finance and traditional real estate lending. With one of America’s most active and creative securities practices, Andrews Kurth can guide any public or private financing involving:

• Public securities offerings
• Initial public offerings
• Debt offerings
• Private equity placements
• Letters of credit
• Restructuring and reorganization

Development

When hospitality companies expand, our lawyers handle every aspect of the real property transaction, from financing to construction to zoning approval. We have advised franchise restaurants in numerous land purchases, and know the environmental regulations that apply to food service operations. Our construction industry knowledge enables us to resolve building disputes nationwide.

Finally, because development opportunities transcend bricks and mortar, we apply our extensive Internet experience to help hospitality companies with online opportunities for advertising and marketing.

Employment and labor

Today’s hospitality industry faces many personnel issues that reflect the challenges of work schedules, cost pressures and societal change. Our lawyers know the workforce problems you have, and provide focused solutions to help managers and human resource staff:

• Reduce high turnover in night and weekend positions
• Improve productivity, reduce cost and avoid overtime pay disputes
• Implement single- or multiple-employer qualified benefit and pension plans, including profit-sharing and thrift savings plans
• Resolve allegations of employment discrimination, sexual harassment and wrongful discharge
• Deal with traditional labor law involving elections, collective bargaining, grievances and union avoidance.

Litigation

With experienced litigators, we can handle litigation in all courts and other tribunals nationwide for hospitality companies in disputes involving:

• Antitrust
• Breach of contract
• Commercial fraud
• Foreclosures
• Insurance coverage
• Intellectual property
• Landlord/tenant disputes
• Negligence
• Officer/director liability
• Personal injury
• Product liability
• Professional liability
• Property damage
• Tortious interference

In addition to our litigators work, we can help:

• Create effective ethics and corporate compliance programs
• Train managers to comply with the labor laws, handle OSHA and other inspections, deal with allegations of discrimination or harassment, and observe wage and hour rules
• Respond to the U.S. Equal Opportunity Commission (EEOC), National Labor Relations Board (NLRB), OSHA, Department of Labor, and many other federal and state agencies.

The real world

Whether you operate dozens of lodging operations, manage a food service business, or are a franchise with your first independent business opportunity, success requires a complex balance of quality, personnel, financial, regulatory and business concerns. When it comes to legal issues, you need a lawyer who understands the real world you operate in. Andrews Kurth speaks the hospitality industry’s language. We know your business, and give you straight talk about what you can do and what you should do. With our help you will see exactly where you stand, and where you’re going.