May Hotel & Restaurant Legal, Safety, & Security Newsletter

Save the Date!
Hospitality Loss Prevention Seminar
Denver, Colorado
May 31, 2007

Is Your Denver Property Prepared for the 2008 Democratic National Convention?

Please pass this information on to your loss prevention, risk management and security associates.

On May 31, 2007, HospitalityLawyer.com, in coordination with Sage Hospitality, will host the first in a series of Loss Prevention Conferences for 2007 in Denver, Colorado.

The Democratic National Convention will be held from August 25-28 in Denver, Colorado. In the session “Improve Your Property’s Safety,” Officer Mark Jacobson with the Denver Police Department will inform owners and operators how they can be prepared for the influx and variety of people, from those running for the Democratic Party nomination to those protesting at the Convention. Officer Jacobson will also address how owners and operators can work with the Department of Homeland Security more efficiently; what employees should know; and how to be prepared for potential protests. He will also address how to prevent theft and robbery at your property.

The Conference will be held at:

The Curtis Hotel
1405 Curtis Street
Denver, Colorado 80202
1 (800) 525-6651

Read more

Conference Schedule

Have a suggestion for the Conference?
Post it here!

Radisson Hotels International, Inc. Awarded Liquidated Damages Under California Law –
Continued Validity of Postal Instant Press v. Sealy Called Into Question

By: Kirk W. Reilly, Esq.
Gray Plant Mooty
(612) 632-3305
kirk.reilly@gpmlaw.com

The recent decision from the United States District Court for the Central District of California in Radisson Hotels International, Inc. v. Majestic Towers, Inc., et al., Case No. CV 06-4956 SVW (C.D. Cal. Jan. 25, 2007) should be of interest to hospitality franchisors nationwide, as that decision (1) makes clear that liquidated damages clauses in franchise agreements are enforceable in California; and (2) addresses the controversial 1996 decision by the California Court of Appeals in the case of Postal Instant Press, Inc. v. Sealy, 43 Cal. App. 4th 1704 (1996).

What do you think?
Post a comment here!

Q & A - Franchising Issues

By: Peter Ripin, Esq.
Davidoff, Malito, & Hutcher, LLP
(212) 557-7200
pmr@dmlegal.com

1. Good Faith or Bad - What Constitutes a "Wrongful" Termination of a Franchise Agreement?

A wrongful termination occurs when a franchisor cancels a franchise based upon a wrongful "pretext." For example, if a franchisee invests valuable time and resources in building a franchise and establishes a successful local market for the brand, and the franchisor thereafter decides that it would be far more lucrative to own and operate its own franchise or enter into a new franchise agreement with a third party and fabricates a reason or a pretext in bad faith to cancel the franchise, this would constitute a wrongful termination.

What do you think?
Post a comment here!

Innkeepers' Statutes
National Compilation

HospitalityLawyer.com has compiled the web links to all 50 state innkeeper statutes, plus the District of Columbia.

Purchase this compilation now for only $50.

For more information, please contact:

Jeanie Gibbs
Director of Operations
Phone: (713) 963-8800

Poll Question

IN-HOUSE COUNSEL and HOTEL OPERATORS:
Do you have AEDs (Automated External Defibrillator) on your properties?

Vote Now!

Results From Previous Poll

HOTEL OPERATORS:
How many incidents involving bed bugs (or similar insects) have you encountered in the last 12 months in your hotel(s)?

0	48%
1	24%
2	11%
3	6%
4 or more	11%

Firm Highlight
Flaherty Sensabaugh Bonasso
Sponsors Law Library for West Virginia

Zealous representation is not enough. We know that clients judge us by our results. We judge ourselves by the same standard.

Whether in mediation, arbitration or trial, the lawyers at FS&B are devoted to one overriding principle: Aggressively representing the firm’s clients at every stage of litigation, from pre-suit mediation or arbitration to trial and the appeals process.

Flaherty, Sensabaugh & Bonasso is comprised of over 40 lawyers who are committed to the litigation needs of individuals and business in West Virginia.

Charleston Office:
200 Capitol Street
P.O. Box 3843
Charleston, WV 25338-3843
Phone: (304) 345-0200
Fax: (304) 345-0260

Morgantown Office:
Suite I
7000 Hampton Center
Morgantown, WV 26505
Phone: (304) 598-0788
Fax: (304) 598-0790

Wheeling Office:
1225 Market Street
P.O. Box 6545
Wheeling, WV 26003
Phone: (304) 230-6600
Fax: (304) 230-6610

"Who You Should Know"
Attorney Spotlight

JEFFREY A. HOLDAWAY
Senior Vice President
and Associate General Counsel
Marriott International, Inc.

Jeff Holdaway is Senior Vice President and Associate General Counsel for Marriott International, Inc., a global hospitality company that manages and franchises more than 2800 properties. Mr. Holdaway oversees the Lodging Operations Group of the Law Department which provides general legal services to Marriott owned and managed hotels world wide. He also is responsible for providing legal support to the various departments that serve the Company’s lodging businesses, including Owner Services, Corporate Communications, Sales & Marketing, Food & Beverage, Engineering, and IR.

Prior to joining Marriott, Mr. Holdaway was in private practice with the law firm of Latham & Watkins. Mr. Holdaway also served as a judicial law clerk for the Honorable James L. Buckley on the United States Court of Appeals, DC Circuit.

Mr. Holdaway is Co-Chair of the AH&LA General Counsel’s Committee and is active in the hospitality law arena, both as a speaker and conference organizer.

HospitalityLawyer.com
2008 Resource Guide
For legal, safety, and security solutions

The Resource Guide is the only printed resource dedicated to the legal, safety and security information needs of the hospitality industry.

Dedicated to Legal, Safety and Security solutions for the hospitality industry;
Distributed nationally to over 3,500 hospitality industry decision makers;
Associated with the best in the country; and
Priced competitively

Click here for Resource Guide Rate Card

For more information, contact:
Todd Throckmorton
Vice President, Business Development
Phone: (512) 266-1260

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