Hospitality is the business of hotels and restaurants, and the myriad suppliers, vendors and service providers who participate in the marketplace for what hotels and restaurants need. If that's your business, we deliver to you the legal experience your business needs to thrive.
As the industry recovers from the impact of COVID-19, we are actively working with industry clients to navigate reopening of businesses and to address concerns of guests and employees.
Baker Donelson's Hospitality Team is comprised of a multi-disciplinary group of trusted advisors who offer our clients proven experience in corporate, labor & employment, litigation, real estate and tax law issues. We represent clients in diversified properties, including hotels, restaurants, casinos, luxury resorts and government buildings. We understand the business and legal issues faced by the hospitality industry and have the experience to help you navigate it.
Our services for the hospitality industry include the following:
Operations
- Franchise and license agreements
- Branded hotel management agreements
- Third-party hotel management agreements for branded and independent hotels
- Area development and multi-unit development agreements
- International master license agreements
- Ghost and dark kitchen agreements
- Operating and service agreements
- Supply chain, procurement, event and performance agreements
- Convention services, destination management and transportation services
- Alcoholic beverage licensing
- Federal and state public policy (legislative) representation and lobbying
- Regulatory compliance
- Compliance training for managers
- Workplace policies and procedures
- Regulatory compliance audits
Development
- Raw land and existing building acquisitions and dispositions
- Historic property acquisition and renovation
- Ground and space leasing and shopping center out lots
- Net leases, subleases and tenant improvements
- Sale and leaseback transactions
- Architectural, construction and renovation contracts
- Debt and equity financing
- Owner tax structuring, planning and restructuring
- Tax-exempt financing for convention centers and related hotels or industrial development revenue bonds
- Tax increment financing
- Government grants and assistance
- Conventional mortgages, capital leases, loans and working capital lines
- Subordination, non-disturbance and attornment agreements for lenders, borrowers and third parties
- CMBS financing, restructuring, workouts and servicer issues
- Franchise brand comfort and estoppel letters
- Environmental diligence and compliance
- Hotel condominiums
- Historic tax credit financing
- New market tax credit financing
- EB-5 financing
- Property tax assessment appeals
Environmental
- Due diligence for site acquisitions
- All types of site cleanups and brownfield agreements allowing for the redevelopment of previously used properties
- Wetlands and green design issues
- Environmental agreements and opinions with lenders and other parties
- Compliance permitting and utilities for new and existing facilities
- Mold and asbestos concerns
- Litigation strategies and defense
- Single unit and multiple locations
Corporate Financing and Transactions
- Public and private debt and equity offerings
- PPP loans and impact on business transactions
- Asset securitizations
- CMBS transactions
- Project finance
- Sarbanes-Oxley compliance and director training
- Public company reporting
- Executive compensation
- Tender offers
- Mergers and acquisitions
Data Protection, Privacy and Cybersecurity
- Privacy policies and customer engagement communication
- Terms of use for web sites and content review
- Vendor management and transactional due diligence
- Privacy and data protection law compliance planning and implementation
- Information governance
- Data breach readiness, response and litigation
- Franchise offering circulars
- Federal and state regulatory compliance and compliance training, including FRAN-GUARD
- Regulatory compliance audits
- Franchise transactions – unit agreements, area development and multi-unit operator agreements, master license agreements, area representative agreements, special stipulations, ancillary support forms, lender estoppel and attornment agreements
- Franchise broker and referral source agreements
- Franchise recruitment advertising
- Franchise agreement enforcement and litigation
- Franchisee advisory councils
- Franchise disclosure documents
- International distributor agreements
- Domestic distributor agreements
- Broker distributor agreements
- Distribution compliance training
Intellectual Property
- Trade secret protection planning
- Employee and contractor work for hire and assignment agreements
- Trademarks and service marks
- Copyrights
- Patents
- Confidentiality and non-disclosure agreements
Information Technology
- Computer hardware and software acquisition and licensing
- Telecommunications
- Internet access services
- LAN/WAN technology
- Building system management systems
- Property management systems and reservation systems
- Point of sale systems
- Back office accounting systems and customer databases
Labor & Employment
- EEO, FLSA, ADA, Title VII, ADEA, and wage and hour employment law compliance
- ERISA and benefit plans
- OSHA and COVID-19 workplace rules
- OFCCP
- NLRB, union organizing campaigns, union avoidance training and collective bargaining representation
- Workers' compensation
- Wrongful termination and discrimination claims
Litigation and Dispute Resolution
- Mediation
- Arbitration
- Litigation
- Vicarious liability defense
- Premises liability and tort claims
- Business divorces
- Contract disputes
Real Estate Investment Trust
- Public and private formation
- Capital raising
- Real estate acquisitions
- Mergers and acquisitions
- Joint ventures
- Tax compliance
- Executive compensation
- Securities compliance