Sixth Annual Hospitality Law Conference Resounding Success
Record Number of Attendees Attend One-of-a-Kind Conference

Houston, Texas, February 21, 2008 -- On February 11-13, 2008, the Sixth Annual Hospitality Law Conference hosted a record number of attendees from around the world.  The one-of-a-kind conference introduced a Pre-Conference Workshop, with an In-House Counsel Track as well as a Hospitality Real Estate Transactions Track.  An international operations track was also added to this year’s conference. 

The two-and-a-half day Conference, held at the George R. Brown Convention Center in Houston, Texas, was well-received by over 350 attendees, some of whom came from Nigeria, New Zealand, and Germany just to attend the conference.  Core topics discussed at the conference include Lodging, Food & Beverage, Labor & Employment, and Loss Prevention & Risk Management. 

Read more about the Conference

Liability To Guests From Exposure To A Hotel Meth Lab –Tips For Prevention

By Jean Ohman Back
Schwabe, Williamson & Wyatt

The methamphetamine addiction facing this country has no boundaries and has many innocent victims, including innkeepers who face mounting property damage, clean-up costs, increased workers’ compensation claims, and potential liability to guests from the use of motel rooms as methamphetamine (“meth”) labs. 

Red flags that may signal meth production
Innkeepers should be aware of:

  • Chemical containers or empty packages of cold medicines;
  • Glass containers (such as jugs, jars, or beakers) with residue in them left in a room;
  • Rooms with blocked vents;
  • Discarded needles;
  • Items out of place for no reason;
  • Guests who pay in cash, have no photo identification, appear to be using drugs, and/or have a local address;
  • Vans or trucks with chemical containers, like ammonia;
  • Guests who are moving bulky or boxed items into a room;
  • Requests for specific out-of-the-way rooms;
  • Water running in rooms for a long time;
  • The odor of chloroform, ammonia, cat urine, heavy perfume or other chemicals;
  • Refusal of maid service; and
  • Consistent requests for room service to be left outside the door.

Steps to reduce the risk of a meth lab on a hotel property

  • Keep your hotel exterior looking clean and fresh;
  • Require guests and visitors to use a main entrance;
  • Cancel missing room keys immediately;
  • Check rooms daily for cleaning purposes;
  • Monitor your hallways and the outside of your building frequently; and
  • Train your employees to recognize and understand drug-related behavior.

Read more

Should You Implement an Automated External Defibrillator Program

by Michael Caspino
Brady, Vorwerck, Ryder & Caspino

According to the American Heart Association, the use of an Automated External Defibrillator (AED) and CPR has a 74 percent success rate in saving victims of a sudden cardiac arrest. Without an AED and CPR, the success rate drops to just 5 percent. There is no doubt about it, AEDs are an effective tool in saving lives.  However, from a legal standpoint, the questions of whether to implement an AED program at all, and the extent of what an AED program should be, are difficult. Any decisions made are fraught with exposure to possible legal liability in our increasingly litigious society.

As AED units become less expensive and easier to operate, legislatures are rapidly creating statutes that impose a duty to have, in certain circumstances, an AED program in place. The most common type of such a statute involves health clubs. A number of states have passed laws requiring that all gyms and health clubs have an AED program in place. Some of these statutes specifically exempt fitness centers in hotels from this requirement; others do not. 
 
As these types of statutes become more prevalent and AEDs become easier to use, there becomes a greater chance that courts will find that the prevalence of simple to use AEDs has changed the “standard of care” to make it reasonable to require an AED program for hotels, even in the absence of a specific statute requiring it.  Even if courts do not make it a specific requirement in the absence of a statute, we expect that more trial judges will allow plaintiffs to present evidence regarding the availability of AEDs to juries, and that juries will have to decide on a case by case basis whether hotels “should have had” an AED program in place while deciding whether a death could have been avoided.

Read more

Stephen Barth, Founder of HospitalityLawyer.com, Challenges the Industry to Go Non-Smoking

To see a humorous, unique perspective on smoking,
watch this video.

Also read Stephen Barth's Blog and his
Challenge to the Hospitality Industry to Be Non-Smoking

Finally, please vote in our
Poll Question:

Do you support a nation-wide ban on smoking in restaurants and hotels?


This poll is not scientific and reflects the opinions of only those Internet users who have chosen to participate. The results cannot be assumed to represent the opinions of Internet users in general, nor the public as a whole.

Irvin W. Sandman Named 2008 Recipient of the Anthony G. Marshall Hospitality Law Award

On February 12, 2008, Irvin W. Sandman, Chair of Graham & Dunn’s Hospitality Industry Group, was named the 2008 recipient of the Anthony G. Marshall Hospitality Law Award today, during the Sixth Annual Hospitality Law Conference in Houston, Texas.  

The award recognizes Sandman’s personal contributions and their lasting impact to hospitality industry.  In his current position as Chair of the American Bar Association’s Hospitality Industry Liaison Subcommittee, he built an alliance with the Hospitality Law Conference to create in- depth, specialized legal programs while keeping the conference affordable so industry professionals as well as in-house and outside counsel can attend. 

Mr. Sandman is widely acknowledged for his cooperative and inclusive approach to issues and transactions in the hotel industry and his willingness to share the spotlight with his teammates and colleagues in the legal and hotel communities.  Recognized for his industry knowledge and expertise, his ability to conclude difficult and complex hotel deals, and his contributions in the highly specialized mixed use and condo hotel segments, he has served as lead counsel in hotel and resort transactions worldwide representing asset values totaling in excess of $1 Billion. 

Read more about Irv Sandman and the Marshall Award

Chad Callaghan Named Loss Prevention Lifetime Achievement Award Recipient

HospitalityLawyer.com announces Chad Callaghan, the Vice-President of Enterprise Loss Prevention for Marriott International, as the Recipient of this year’s Hospitality Loss Prevention Lifetime Achievement Award.  He has been in the loss prevention profession for 33 years, and with Marriott International for 31 years.

The Hospitality Loss Prevention Lifetime Achievement Award recognizes a person who has committed their career to improving safety and security in the hospitality industry.  Callaghan was recognized at a Luncheon on February 12, 2008, during the Sixth Annual Hospitality Law Conference in Houston, Texas. 

Read more about Chad Callaghan

Product Showcase

Mike Brode
Director of Business Development
Cardiac Science
(215) 256-9734

Cardiac Science is a global leader in the development, manufacture and marketing of diagnostic and therapeutic cardiology products and services. Formed by the merger of Cardiac Science, Inc. and Quinton Cardiology Systems in September 2005, the predecessor companies have a rich legacy of technology development in the cardiology device market.

Cardiac Science Corporation provides a full spectrum of cardiology products and services that help protect hearts and save lives. From devices designed to identify the early stages of heart disease—such as Electrocardiographs, Cardiac Stress Testing Systems, and Holter Monitors—to sophisticated systems that enable Cardiac Rehabilitation and Cardiology Data Management—to innovative and patented defibrillators including Automated External Defibrillators (AEDs) that provide assistance to victims of sudden cardiac arrest for both medical and public markets.

"What's New At HospitalityLawyer.com"

Online Training Course on "Preventing Sexual Harassment"

HospitalityLawyer.com announces two Sexual Harassment courses developed specifically for the hospitality industry. The courses will be offered online in the Solutions Store Education and Training Section of HospitalityLawyer.com. "Preventing Sexual Harassment in the Hospitality Industry" speaks to the culture of the hospitality industry and is supported with hospitality-oriented scenarios and precedent-setting case law.

One course offered is California AB 1825 compliant and the other non-state specific. Ideal for small business owners, individual supervisors, and corporate enterprise-wide implementation.

Click here for more information including information on corporate discounts

 


HospitalityLawyer.com
P.O. Box 22888
Houston , TX 77227
HospitalityLawyer@hospitalitylawyer.com

For permission to reproduce any portion of this newsletter, please email Diana Singson. The ideas, opinions, recommendations, and interpretations presented herein are those of the authors.  Publication of any article or statement is not to be deemed an endorsement of the views expressed therein, nor shall publication of any Product Showcase be considered an endorsement of the product or service involved.