Capabilities

Hospitality

Hotel companies and other hospitality-related businesses look to Arnold & Porter not only for its real estate and hotel operations experience but also for the firm's collective experience in dealing with a broad array of transactional, regulatory counseling, employment, tax, and litigation matters.

Our hospitality litigators regularly advise and advocate on behalf of hotel owners in their dealings with management companies and franchisors, and are known for handling precedent-setting litigation, especially in the areas of management and franchise agreements, fraud, fiduciary duties, valuation disputes, accounting and cost allocations, as well as joint venture matters.

Our firm maintains a broad-based transactional hospitality practice, having represented clients large and small in connection with single-asset and portfolio acquisitions and dispositions, ground-up development, redevelopment, and repositioning of properties. We handle acquisitions, dispositions, and restructurings of hotel assets through bankruptcies and acquisitions of debt positions. In connection with the development, acquisition, and ownership of hospitality properties, we structure complex financing, including debt and equity, public subsidies, tax increment financing, public-private partnerships, and other emerging financing vehicles. In addition, we assist our clients in structuring successful management, franchise, and leasing arrangements.

We advise clients on tax matters relating to hotel investments, including providing cross-border tax advice for foreign investors in US properties and for US investors in hotels and resorts around the world. For real estate investment trust clients, we advise on structuring their acquisition, ownership, and disposition of hotel properties. We also provide day-to-day counseling and advice on labor and employment matters, including wage/hour issues unique to the restaurant and hospitality industries. In addition, our leading California Proposition 65 and Privacy practices are prepared to assist hospitality clients with complex legal issues that may arise.

Experience

Host Hotels & Resorts $1 billion acquisition of Hyatt hotel portfolio

Our attorneys advised Host Hotels & Resorts, the largest lodging real estate investment trust, on its $1 billion acquisition of three hotels from Hyatt Hotels Corporation.

Britannia Pacific Properties RC/PB, Inc. v. The Ritz-Carlton Hotel Company LLC, Marriott International Inc. and Avendra LLC

Represented client as lead trial counsel in litigation involving corporate charge cost allocations that resulted in the successful termination and transition of a luxury resort operated by Ritz-Carlton in Palm Beach, Florida.

Former owner of the Chicago Marriott Downtown Secured summary judgment

Represented the former owner of the Chicago Marriott Downtown as lead counsel in securing summary judgment against Marriott International.

John Hancock Multi-million dollar jury verdict

Represented John Hancock as trial counsel in securing a multi-million dollar jury verdict against Sheraton on behalf of owner of the largest hotel in Washington, DC involving allegations of fraud and kickbacks (Woodley Road).

LaSalle Hotel Properties Multi-forum litigation and arbitration

Represented LaSalle Hotel Properties as lead trial counsel in a multi-forum litigation and arbitration involving the fair market valuation of REIT assets and the termination of operating agreements with Le Meridien for properties in New Orleans and Dallas.

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Perspectives

New York Court Says Hotel Management Agreement Is Not a Personal Services Contract Under Maryland Law
Advisory
Resort Fee Case Against Wyndham Moves Forward
Advisory
Cybersecurity Preparedness: Strategies for Hotel Companies
Arnold & Porter LLP
Key Legal Issues: The Battle for Control (pdf)
Chapter 14, Hotel Asset Management Principles and Practices, Third Edition, AHLEI

Recognition

Law360
"Firms That Dominated the Federal Circuit" (2017)
Litigation Powerhouse (2016)
Chambers USA
Litigation: General Commercial (2004-2017)
Appellate Law (Nationwide) (2013-2017)
Real Estate (DC) (2015-2017)
Leisure & Hospitality (Nationwide) (2016-2017)
The Legal 500 US
Litigation: Supreme Court and Appellate (2012-2017)
Commercial Litigation (2015-2017)
Real Estate and Construction (2015)
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Overview

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