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|Enforcing Quality Standards in Hotel Franchise Agreements|
David L. Cahn; Whiteford, Taylor & Preston L.L.P.;
August 12, 2014, previously published on August 6, 2014Take-away. A franchisor’s diligence in conducting and documenting quality assurance inspections is as important as ever, particularly if the franchisor seeks to exercise its ultimate weapon - termination of the franchise agreement. Prudent inspection and documentation practices are...
|NLRB Moves Toward New Standard to Hold Franchisors Are Joint Employers of Their Franchisees' Employees|
Frederick L. Warren; Ford & Harrison LLP;
August 4, 2014, previously published on August 1, 2014Executive Summary: Over the last two years fast-food workers have engaged in walkouts and other activities protesting their wages and seeking an increase to $15/hr. Numerous unfair labor practice charges have been filed with the National Labor Relations Board (NLRB) against restaurant franchisors...
|Beware of Using Your Restaurant Name in Multiple Locations Without Federal or State Service Mark Protection or a Written Agreement with All Subsequent Users of the Name|
Nicole J. Harrell, Robert E. Smartschan, Stephen E. Story; Kaufman & Canoles A Professional Corporation;
July 30, 2014, previously published on Summer 2014Beware of using your restaurant name in multiple locations without federal or state service mark protection or a written agreement with all subsequent users of the restaurant name. It is not uncommon for a successful restaurateur to expand using the same name as the initial flagship restaurant....
|Hotel Raises $1.5 Million via Crowdfunding|
Rebecca H. Forest; Lowndes, Drosdick, Doster, Kantor & Reed Professional Association;
July 25, 2014, previously published on July 23, 2014On July 22, 2014, Realty Mogul and Kittridge Hotels & Resorts, LLC announced the successful raise of $1.5 million in equity capital for the 163-room luxury Hard Rock Hotel located in Palm Springs, California. According to Realty Mogul, 85 individual investors across the United States...
|Diligence in Hotel Lending|
Heather Sue Nason; Rogers Towers, P.A.;
July 21, 2014, previously published on July 16, 2014The hotel industry appears to be on an uptick, which is good news for lenders. Hotel construction in May 2014 is up over 13% from the same time period in 2013. Moreover, record high occupancy rates and low supply could continue to drive an influx of new rooms into 2015 and beyond. As more lenders...
|Clamping Down on Illegal Guesthouses in Hong Kong: Government Seeks Input on New Proposals|
Andrew P. B. MacGeoch, David S. C. Mallinson, Emily I. C. Wong; Mayer Brown JSM;
July 17, 2014, previously published on July 16, 2014The Home Affairs Department of the government has issued a consultation document (the “Document”) reviewing the Hotel and Guesthouse Accommodation Ordinance (Cap.349) (the “Ordinance”) with recommendations to improve the licensing regime and the effectiveness of enforcement...
|A “Comfort Letter” Can Play An Important Role In Financing A Branded Hotel|
Rose Marie L. Fiore; McGlinchey Stafford;
July 15, 2014, previously published on Summer 2014A franchised or “branded” hotel is one affiliated with a major hotel franchisor, such as Hilton® or Starwood®. Hotels that are part of a branded chain typically operate under a franchise agreement. A franchise agreement is an agreement between a franchisor and a franchisee,...
|Keep Calm and Investigate: Top 10 Tips for Documenting Accidents at Your Business|
Amy L. Neuschafer; Collins & Lacy, P.C.;
July 10, 2014, previously published by XPress: International Society of Primerus Law Firms Corporate Client e-Newsletter on July 2014Keep Calm and Investigate: Top 10 Tips for Documenting Accidents at Your Business
|Protection Against Sexual Harassment by Customers|
Duncan A. W. Abate, Anita W. C. Lam, Hong Tran; Mayer Brown JSM;
June 30, 2014, previously published on June 19, 2014The Hong Kong government will gazette this Friday, 20 June 2014, a bill to amend the Sex Discrimination Ordinance (Cap 480) to protect service providers from sexual harassment by their customers.
|Food Manufacturers Beware of U.S. Supreme Court Ruling on Product Labeling|
Taft Stettinius Hollister LLP;
June 25, 2014, previously published on June 19, 2014Last week’s decision by the U.S. Supreme Court clarifies that competitors can bring false advertising claims based on food product labels. See POM Wonderful LLC v. Coca-Cola Co., No. 12-761, 573 U.S. --- (June 12, 2014). Some courts previously held that the Food, Drug and Cosmetic Act...