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Taxes and the Deficit May 26, 2012: Normally, this column is supposed to cover the tax changes over the prior year and how they impact the hospitality industry. Last year, we commented about how 2010 was an interesting year but little in the tax field had passed. 2010 was all about health care reform, the change in control of the House and the rise of the tea party. It was a very political and partisan year. If anything, 2011 was worse. Never has so little been accomplished by so many.

Brinkmanship was the key word for 2011. It will be known more for what did not occur rather than what did. It is not unusual for partisan politics to take center stage in an election year. While 2011 was not, the race for the Presidency and control of the House and Senate began before all the winners from 2010 were known

ADA compliance and defense lawyer alert: ADA pool lift deadline extended to January 31, 2013 May 24, 2012: The new pool lift Compliance Date is January 31, 2013. The Amendment acknowledges that the DOJ's January 31, 2012 technical advisory caused "significant concerns and misunderstandings among a substantial number of pool owners and operators" with respect to the new technical requirements pool lift must .

How "standards" can protect your hotel mixed-use assets... May 14, 2012: Mixed-use can be a key to unlock value. But "standards" can be critical to protect the value of your hotel mixed-use asset
Hotels can be the "ultimate amenity" for mixed-use projects because they can distinguish the project, provide a great driver of traffic, and offer an integrating hub for residential and retail customers.

In her article below, which was recently published by Hotel Business, hotel lawyer Catherine Holmes, a senior member of the JMBM Global Hospitality Group®, offers experienced advice on how you can "Protect your mixed-use asset by creating and maintaining standards."

Protect your mixed-use asset by creating and maintaining standards
Catherine Holmes | Hotel Lawyer, JMBM Global Hospitality Group®

ADA Customer Services Best Practices May 11, 2012: Accessible Customer Service Practices for Hotel and Lodging Guests with Disabilities

EB-5 ALERT: California's new TEA approach will discourage EB-5 investment in California May 10, 2012: The State of California has decided that it will not certify any new "targeted employment areas" or TEAs under the EB-5 immigrant investor visa program.

If you develop hotels and other real estate, you are well aware of the financing opportunities provided by the EB-5 immigrant investor visa program -- and you are also know the importance of locating your project in a TEA. (If you are new to the intricacies of EB-5 financing, check out our articles on the topic on the Hotel Law Blog.)

The purpose of the EB-5 financing program is to create new jobs for Americans using investment from foreign investors who want to get a green card. Hotel developers, who have been unable to develop projects for years because of lack of traditional financing, are successfully using for new projects.

L-E-A-R-N, T-R-U-S-T, M-E-N-T-O-R , E-M-P-O-W-E-R = S-U-C-C-E-S-S May 3, 2012: As we rebuild our focus into an anticipated recovery over the next 6-24 months (depending on the particular forecast for specific markets), those practical industry leaders will recognize that NOW is the time to pay attention to those professionals in our organizations that are the key components of why guests will stay with our businesses.
There are many issues facing the diverse world of hospitality and today’s managers need to be aware of that diversity, regardless of their own special focus As an individual who has been involved with well thought-out learning as both an academic and a corporate educator, I have come to recognize that delivering a balance of real-world business skills and comprehension with structured learning is essential to long-term success.
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Hotel Lawyers' updates

David Loeb from RW Baird shares the latest industry data showing:

How REITs have dominated the transaction market (more than 80% of the transactions year-to-date in 2011)
What's happening in the debt markets now with yields going below 9%
How hotel stock investments have fared compared to other investments
What is happening with IPOs and IPO pipeline

California Supreme Court finally gives employers some good news in Brinker Restaurant Corporation v. Superior Court Apr 30, 2012: Hotel Lawyer with some insights on the recent California Supreme Court Case, Brinker v. Superior Court

Last week, the California Supreme Court gave employers a "break" by resolving issues in a case that has been pending since 2008 -- issues that have cost California employers more than a billion dollars in settling and defending class action lawsuits.

Franchisees Innovation: Case Study - The Big Mac, created by franchisee Jim Delligatti Apr 23, 2012: Franchisee innovation is nothing new. Franchisors often find that some of the best-selling products are created by franchisees.

For example, some of the most popular sandwiches (including the Big Mac, Filet-o-Fish, and Egg McMuffin) at McDonald's were created by franchisees. Indeed, the Big Mac is one of the all-time innovation success stories, having been created by franchisee Jim Delligatti in the 1960s and finally adopted by McDonalds in 1968 (the sandwich quickly became one of the chain's best sellers, accounting for 19 percent of all sales).

These success stories encourage franchising companies to carefully consider permitting franchisees to create new or different products.

Ethics and Social Media: Where Should You Draw The Line? Apr 17, 2012: As social media usage continues to rise, it's only natural that statistic correlations will be made about the individuals who use the medium. This isn't a bad thing; it's common to deep-dive into demographic information and behavioral data. While there will always be exceptions to the "correlations" that emerge from such data, universal truths about social networking usage and user behavior can be valuable.

When Franchisees Innovate: How To Use the "Big Mac" Provision Correctly Apr 16, 2012: Franchisee innovation is nothing new. Franchisors often find that some of the best-selling products are created by franchisees. For example, some of the most popular sandwiches (including the Big Mac, Filet-o-Fish, and Egg McMuffin) at McDonald's were created by franchisees. Indeed, the Big Mac is one of the all-time innovation success stories, having been created by franchisee Jim Delligatti in the 1960s and finally adopted by McDonalds in 1968 (the sandwich quickly became one of the chain's best sellers, accounting for 19 percent of all sales).