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Attorney Spotlight:

Tim Hudak is an Attorney with the law firm Eckert & Seamans.

Tim Hudak is the Chair of the Hospitality Group for Eckert & Seamans. He has negotiated more than 1000 hotel management and franchise agreements and numerous real estate joint ventures for the acquisition and development of hotels, hotel secured credit facilities for more than $2 billion and hotel real estate acquisitions and divestitures totaling in excess of $3 billion. 

 

 

 

 

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Download Conference Brochure with Agenda (PDF Format)

Hospitality Law Seminar Eastern Region Agenda

Click the links below to skip to sessions in a specific track:

  1. Hospitality Law For Lawyers and Paralegals Track
  2. Hospitality Law for Operators Track
  3. Hospitality IT Meets the Law: Focusing on PCI Compliance
Monday, June 1, 2009
7:15 a.m. Registration Opens
7:30 a.m. - 8:15 a.m. Continental Breakfast
8:15 a.m. - 8:30 a.m. Welcome
    Stephen Barth, Attorney, Professor, Founder of HospitalityLawyer.com
8:30 a.m. - 9:30 a.m. Hot Topics in Franchising and Hospitality
    Andrew Loewinger, Nixon Peabody
9:30 - 9:45 Catered Break
     
Hospitality Law For Lawyers and Paralegals Track
Hosted by:  Hilary High, Hill Ward Henderson
   
9:45 a.m. - 10:45 a.m. Ethics Challenges for Advising Hospitality Clients in Anti-Trust Matters
    Fran Griesing, Greenberg Traurig
    Amy Mudge, Arnold & Porter
10:45 a.m. - 11:45 a.m. Unions & Collective Bargaining
    Jay Krupin, Epstein Becker Green
11:45 a.m. - 1:00 p.m. Lunch
1:00 p.m. - 2:00 p.m. Intellectual Property Issues for the Hospitality Industry
    Cathy Frankel, Moses & Singer
2:00 p.m. - 3:00 p.m. What Hospitality Employers Should Do to Comply with New Legal Requirements Under the ADA, FMLA, COBRA, and Other Employment Laws
    Rosemary Gousman, Fisher & Phillips LLP
    Darryl McCallum, Shawe Rosenthal, LLP
3:00 p.m. - 3:15 p.m. Catered Break
     
3:15 p.m. - 4:15 p.m. Hospitality Case Review
    Elizabeth DeConti, Gray Robinson
    Jerry Hamilton, Hamilton, Miller, & Birthisel LLP
4:15 p.m. - 5:15 p.m. Handling Construction and Other Capex Issues in the Midst of Financial Crises
    Christopher McKenna, The McKenna Law Group LLC
 
Hospitality Law for Operators Track
Hosted by: Bob Glasser, BDO Consulting
   
9:45 a.m. - 10:45 a.m. Your Legal Duties as an Innkeeper /Restaurateur 
    Stephen Barth, Attorney, Professor, Founder of HospitalityLawyer.com
10:45 a.m. - 11:45 a.m. Understanding Insurance: Coverages & Claims
    Rich Clark, Arthur J. Gallagher
    Joe Critelli, BDO Consulting
    Marshall Gilinsky, Anderson Kill Wood & Bender
11:45 a.m. - 1:00 p.m. Lunch
1:00 p.m. - 2:00 p.m. Incident Prevention/Incident Response – The Evidence Trail
    Thom Davis, President, Security Litigation Group, Inc.
    Robbie Foster, Nelson Mullins Riley & Scarborough, LLP
2:00 p.m. - 3:00 p.m. Immigration Updates: Can We Still Hire Foreign Employees in a Pro-Enforcement Environment
    Nicole Dillard, Oden & Dillard, PLLC
3:00 p.m. - 3:15 p.m. Catered Break
     
3:15 p.m. - 4:15 p.m. Perils on Property: Recognition and Mitigation Strategies
    Bill McShane,WJM Enterprises, LLC
    Jim Stover, Arthur J. Gallagher
4:15 p.m. - 5:15 p.m. Update on ADA Issues Affecting the Hospitality Industry
    Chris Mills, Fisher & Phillips
 
Hospitality IT Meets the Law: Focusing on PCI Compliance
Hosted by:  Cihan Cobanoglu, University of Delaware
   
9:45 a.m. - 10:45 a.m. The Road to PCI Compliance: The Marriage of Law, IT, and Accounting Fields
    Patty Eichinger, Interstate Hotels & Resorts
    Tony Lupo, Arent Fox LLP
10:45 a.m. - 11:45 a.m. The Seven Deadly Sins of PCI Compliance
    Bill Randall, Red Robin Gourmet Burgers
    Jerry Trieber, Director of Field Accounting, Crestline Hotels & Resorts, Inc.
11:45 a.m. - 1:00 p.m. Lunch
     
1:00 p.m. - 2:00 p.m. Open Time to Attend Other Sessions
2:00 p.m. - 3:00 p.m. What Happens If “It Never Happens To Me” Happens? Post-Breach Remedies
    Steve Cannon, Constantine Cannon
    Mark Haley, The Prism Partnership
3:00 p.m. - 3:15 p.m. Catered Break
     
3:15 p.m. - 4:15 p.m. Beyond PCI: The Advent of Cardholder Data Tokenization
   

Charles S. Crawford, III, Electronic Payment Exchange

4:15 p.m. - 5:15 p.m. Operations Workshop on How to Create a Credit Card Breach Incident Response Program
    Tracy Libertino, Vendor Safe Technologies
 
5:15 p.m. - 6:30 p.m. Wine Tasting, Product Showcase, & Drawing for $500 American Express Gift Card
   
Tuesday, June 2, 2009
8:15 a.m. - 9:15 a.m. Food & Beverage Liability
    Elizabeth DeConti, Gray Robinson
9:15 a.m. - 10:15 a.m. Current Legal Issues Facing the Alcohol Industry: Untying Tied House Laws
     Vince O'Brien, Nixon Peabody
10:15 a.m. - 11:15 a.m. Managing Blogs, Instant Messaging, and Phone with Cameras to Avoid the Loss of Trade Secrets
    Scott Humphrey, Seyfarth Shaw
11:15 a.m. - 12:15 p.m. Negotiating Management Agreements - A Checklist
    Albert Pucciarelli, McElroy, Deutsch, Mulvaney, & Carpenter LLP
   
12:15 p.m. - 12:20 p.m. Closing Remarks & Drawing for $250 American Express Gift Card
   

________________________________

Presentation Descriptions:

General Sessions

Hot Topics in Franchising and Hospitality

This presentation will address liquidated damages in franchising, dealing with franchisees in a difficult economy, and international franchising.

Food & Beverage Liability

A review of recent cases involving restaurants arising from food-related incidents such as food poisoning, aggravation of existing conditions, and other personal injuries. The presentation will also address food labeling and failure to warn cases.

Current Legal Issues Facing the Alcohol Industry: Untying Tied House Laws

Tied house laws were designed to prevent brewers and distillers from owning saloons. At the time there were few global companies and virtually no conglomerates. Today it makes no sense to bar an overseas global entity (for example) with EU winery investments from owning a restaurant group in the US (actual case - licenses denied).

Finally, we are seeing legislative and policy exceptions that recognize the need for change. These changes have been evolving slowly, but the state of WA now has legislation on the Governor's desk (expected to be signed) that takes a GIANT step toward eliminating archaic tied house barriers to cross tier investments.

Managing Blogs, Instant Messaging, and Phone with Cameras to Avoid the Loss of Trade Secrets

In today's digital age, the disclosure, both innocent and intentional, of a company's trade secrets and confidential information is commonplace. Far too often, companies find their most coveted assets (client lists, client information, strategic plans, etc.) published on a blog, instant messaged by a rogue employee to a competitor, or innocently found on an employee's electronic media device. Managing Blogs, Instant Messaging, and Phone With Cameras to Avoid the Loss of Trade Secrets will provide you with an understanding of what constitutes a trade secret (i.e., what is perceived to be a trade secret and what is actually a trade secret), identify steps companies should consider when trying to protect their trade secrets, and what a company must do in order to insure trade secret protection under the law. In doing so, we will examine the current state of trade secrets law, what some companies do to avoid trade secret disclosure, and the available legal remedies when trade secrets are improperly disclosed to an outside party.

Negotiating Management Agreements - A Checklist

Mr. Pucciarelli will list and discuss the key areas for negotiation in the typical hotel management agreement. While these are points that are generally raised on behalf of developers because the form of agreement typically is provided by the management company, Mr. Pucciarelli, who has "seen life from both sides" - as general counsel for InterContinental Hotels and now as counsel for many hotel and resort developers - will present the case for and against each of the points raised. This will be an instructive session for counsel on either side of the management-developer negotiation table.

Hospitality Law For Lawyers and Paralegals Track

Ethics Challenges for Advising Hospitality Clients in Anti-Trust Matters

This presentation will cover current developments in antitrust and unfair competition law relevant to the hospitality industry, including resale pricing, discounting, joint purchasing and information sharing. It will also cover the ethical responsibilities of counsel in seeking anti-trust advice, protecting attorney-client privilege, and document retention.

Intellectual Property Issues for the Hospitality Industry

Intellectual property is a valuable asset. As an owner of intellectual property, your organization wants to maximize the protection, and therefore its value, of its intellectual property assets. On the other hand, as a user of intellectual property, your organization wants to minimize the risk that it will infringe a third party's intellectual property rights. Intellectual Property Issues for the Hospitality Industry will help you identify the intellectual property your organization owns, establish and protect your organization's intellectual property rights, and avoid infringing the intellectual property rights of others. It will cover the most common intellectual property rights - trademarks, copyrights, and patents - and also two related areas that are often traps for the unwary, the rights of publicity and privacy.

What Hospitality Employers Should Do to Comply with New Legal Requirements Under the ADA, FMLA, COBRA, and Other Employment Laws

The presentation will examine the changes to laws that have occurred both immediately prior to, and since President Obama's Inauguration. Such changes include the ADA Amendments Act, the revisions to the FMLA regulations and various other changes to federal as well as state employment laws.

Handling Construction and Other Capex Issues in the Midst of Financial Crises

This presentation will advise attendees on key steps that they should follow in their design and construction projects during the current difficult economic climate.

Hospitality Law for Operators Track

Immigration Updates: Can We Still Hire Foreign Employees in a Pro-Enforcement Environment?

This presentation will discuss the many ways to legally hire foreign national employees in the hospitality industry, as well as provide operators with updates regarding the trends surrounding heightened enforcement and worksite raids.

Perils on Property: Recognition and Mitigation Strategies

The operation of a hotel is a 24/7 enterprise and our primary function is to accommodate people. However, unlike other service related industries such as restaurants or retail stores, our ‘duration of contact’ places us in a very different category. Due to this ‘duration of contact’ there is a greater likelihood our guests will encounter a negative experience. Some of those negative experiences may be service related but others may be the result of a breach in security. In distraction thefts a victim is targeted, his or her attention is diverted and something of value is taken. literally from under the victim’s nose. While business are victims of these crimes, more often than not the target of these crimes is the tourist. Distraction thefts are not new to law enforcement, pickpockets have been in business for hundreds if not thousands of years. But is a new and relatively well organized group of thieves who are attracting the attention of law enforcement authorities across the country.

Hospitality IT Meets the Law: Focusing on PCI Compliance

The Road to PCI Compliance: The Marriage of Law, IT, and Accounting Fields

This presentation will discuss the legal issues surrounding PCI Compliance, including privacy policies, EU privacy directives, sharing and disclosure of data.

The Seven Deadly Sins of PCI Compliance

It’s been nearly three years since the Payment Card Industry (PCI) Security Standards Council released the “Twelve Commandments” (Data Security Standards).  Are you and your organization confident that you possess all of the knowledge necessary to protect yourself in the event of a potential data breach?  Are you and your organization aware of the “Seven Deadly Sins” of PCI Compliance that may leave your business vulnerable to fines and brand deterioration?  This session will show attendees simple steps that their organizations can take to protect their businesses in today’s environment from the perspective of both the restaurant and hotel industries.  Knowledge is the best defense against the “Seven Deadly Sins”, learn these vulnerabilities as well as best practices to protect your customer data and corporate brand from the results of a breach.

What Happens If “It Never Happens To Me” Happens? Post-Breach Remedies

You've heard the horror stories of PCI breaches, and now it's happened to you. Customer data might be comprised. Employees are asking questions. Your payment processor is asking questions. What do you do next? This session will map out what to expect after a PCI breach, including potential legal and operational ramifications. In addition, you will learn about concrete steps to minimize the damage to your business, the damage to your reputation, and your potential liability.