Practice Areas & Industries: Lane Powell PC

Practice/Industry Group Overview

Restaurants and hotels face a smorgasbord of federal, state and local laws and regulations concerning their premises, employees and services – all of which take time, money and attention away from their principal mission of providing food and comfort. Restaurants in particular find that success or failure can stem from how wisely they are legally established at their outset. Flawed financing, lease problems, labor difficulties or even franchising infractions can result in serious trouble even after years of operation.

From small, chef-owned eateries to national restaurant and hotel chains, the need for a law firm such as Lane Powell with proven capabilities across an array of disciplines – from mergers and acquisitions law to immigration law, among others – is a necessary ingredient for ongoing bottom-line success.

Services Available

Full Range of Pertinent Legal Experience

Lane Powell Restaurant and Hospitality Law attorneys have extensive experience in both industries and can provide a full range of services for establishing a new business and handling the diverse legal requirements throughout the life of the business. Lane Powell attorneys provide counsel in areas of law such as:

• Food and Beverage
• Franchising
• Immigration
• Intellectual Property
• Labor and Employment
• Mergers and Acquisitions
• Real Estate
• Taxation
• Trademark
• Wage and Hour

Lane Powell’s restaurant and hospitality attorneys can structure new businesses for optimum financial advantage – analyzing leases and credit structures, negotiating terms of purchase and helping secure financing. The Firm’s taxation experience helps ensure maximum tax benefits as part of the acquisition, especially in complicated city-center scenarios.

Other examples of Lane Powell’s legal experience include:

• Lane Powell’s employment law attorneys are adept at helping restaurants and hospitality businesses deal with wage-and-hour regulations and union and non-union structures.
• As immigration matters become ever more complex, Lane Powell attorneys stand ready to provide effective counsel on the most current rules and procedures.
• Lane Powell has practical experience in franchise law to protect a client’s franchise, as well as in helping new restaurants and hotels steer clear of franchise infractions.
• Lane Powell attorneys are fluent in the area of intellectual property, counseling clients on trademark matters, e-commerce and Internet services, licensing, brand development and protection, even the implications of gift certificates.

Lane Powell attorneys also are skilled in innovative trends gaining popularity in the restaurant and hotel industries, such as hotel-to-timeshare conversions, hybrid hotel/condominium developments and restaurant/hotel shared-location agreements.

Attracting a Roster of High-Profile Clients

Lane Powell represents a number of high-profile restaurants – from nationally known chains to a number of acclaimed boutique eateries – as well as both national hospitality chains and individual hotels. Among them are Moe’s Southwest Grill, Restaurants Unlimited, Pollin Hotels, Holiday Resales, Inc., and Shell Vacations LLC. Recent restaurant and hospitality actions Lane Powell has handled include:

• Retrofitting hospitality facilities into city-center locations, typically with planning, permit and development issues in addition to frequent financial issues due to the expense of such development.
• Handling hybrid projects such as half hotel and half high-rise condominiums, with accompanying real estate issues such as setback requirements and height limitations.
• Helping clients take advantage of various municipal allowances, bonuses and tradeoffs by providing amenities such as child-care space in exchange for a larger overall allowable-development area.
• Negotiating long-term, shared-location agreements such as restaurants being located inside hotel facilities, helping clients avoid potential merger and acquisition issues, as well as franchising questions.

Skilled Litigation, If Needed

Lane Powell’s Restaurant and Hospitality Law Industry attorneys strive whenever possible to avoid litigation for its clients. If issues do arise, the Firm’s attorneys prefer to work with arbitrators familiar with the restaurant and hospitality industries so issues can be resolved in 90 days or less.

While Lane Powell’s continuing emphasis is on helping clients cost-effectively manage risks and resolve issues before they become problems, in cases where court action is required, Lane Powell’s skilled litigation lawyers have compiled a record of key successes in these industries. Examples include:

• Successfully defending Moe’s Southwest Grill – one of the fastest-growing franchises in the country with more than 250 Tex-Mex restaurants – against trademark infringement and dilution claims brought by Mo’s, a chain of Oregon seafood restaurants. Mo’s sought a nationwide injunction, but the judge granted a motion for summary judgment and dismissed all claims, allowing Lane Powell’s client to continue its expansion plans.
• Successfully representing several restaurants against e-coli and salmonella food liability claims.

Single Source for Legal Needs

With its wide selection of practice areas, Lane Powell offers its restaurant and hospitality clients a single source for their legal needs.

The Firm brings proven legal proficiency to real estate, financing, public/private partnership, employment and franchise matters, to name a few. Clients have a single contact attorney for convenience and effectiveness.