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  • Members Only: IT Spending in the Lodging Industry Three-year Analysis: 2015–2017

    By Agnes DeFranco, Ed.D., CHAE; Arlene Ramirez, CHE, CHAE; and Tanya Venegas, MBA, MHM, CHIA. PART II: An analysis of IT spending data in the lodging industry based on reporting in the new USALI Schedule 6 — Information and Telecommunications Systems.

  • HITEC Special: Revenue Strategy: Not Just a Fancy New Name for Revenue Management

    By Cindy Estis Green. A strategic view of revenue calls for proactive business mix planning and decision-making around deployed resources, well beyond reacting to what comes over the transom. Excerpt from the 2018 HITEC Bytes Special Report.

  • HITEC Special: Forecasting Accuracy: The Living Forecast

    By Jill Wilder. Forward-looking, continuously updated statistical trend analysis is emerging as a strategic tool that performs the practical magic of creating an accurate forecast you can take to the bank.

  • Members Only: IT Spending in the Lodging Industry

    HFTP Research Report: The new USALI Schedule 6 — Information and Telecommunications Systems and the effects thus far on the industry. An analysis of IT spending data in the industry and compliance practices by lodging executives.

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California Adopts the California Consumer Privacy Act of 2018

Hotel Law Blog | By Jim Butler· 2 July 2018
Privacy legislation is dominating the news cycle these days–and it’s unlikely to slow down. Now, as U.S. companies are adjusting to the requirements of the European Union’s General Data Protection Regulation, the State of California has introduced new laws that will apply to California companies or companies doing business in California. Senior member of JMBM’s Global Hospitality Group® and Co-Chair of the Firm’s Cybersecurity & Privacy Group Bob Braun discusses the implications of the new legislation and how it will impact hotels, below.
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New 'accessibility' regulations for electric vehicle charging stations

Hotel Law Blog | By Jim Butler·22 June 2018
As the number of electric and hybrid vehicles in California continues to grow, we are also seeing the proliferation of electric vehicle charging stations in the parking areas provided by hotels, theaters, stadiums and hotel mixed-use properties. While owners and managers of these facilities are providing a much-needed service to their guests, many are unaware that – at least in California – if their facility provides electric vehicle charging stations, a certain number of them must be accessible to the disabled.
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What do top hotel executives see on the horizon for 2018?

Hotel Law Blog | By Jim Butler·19 June 2018
Meet the Money® is a productive conference with a casual atmosphere; the executives and other hotel industry representatives who attend often speak candidly about their expectations for hotel finance, development and investment throughout the upcoming year.
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GDPR: What you need to know about the EEU's new data privacy rules

Hotel Law Blog | By Jim Butler·25 May 2018
The European Union’s General Data Privacy Regulation, rules protecting the privacy of personal information, has gone into effect and impacts every company that does business in the EU. This will impact hotel owners, developers, brands, operators and managers–any company with a hotel property in the EU or that collects information from EU citizens must adhere to the new regulations.
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2018 LIIC Top 10 - Annual survey of lodging investment challenges and opportunities

Hotel Law Blog | By Jim Butler· 8 May 2018
Today, at Meet the Money® – National Hotel Finance & Investment Conference, Mike Cahill, co-chairman of the Lodging Industry Investment Council (LIIC) and CEO and Founder of HREC Hospitality Real Estate Counselors, presents the annual LIIC Top Ten. For more than ten years, LIIC, the industry’s preeminent think tank, has surveyed its members to determine challenges and opportunities for the coming year. LIIC’s members represent the direct acquisition and disposition control of more than $40 billion and include industry investors, lenders, corporate real estate executives, REITs, public hotel companies, brokers, and equity sources.
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Proposition 65 Defense Lawyer: Is your hotel ready for the new Prop 65 regulation deadline?

Hotel Law Blog | By Jim Butler· 7 May 2018
For many years, businesses operating in California have been plagued by “bounty hunter” and government lawsuits brought under Proposition 65 — the California law that requires warnings about hazardous substances. The technical disclosure requirements have bedeviled many legitimate businesses for some time. From our continuous interaction with members of the hotel industry, it appears to us that many are not aware of new requirements they must meet by August 30, 2018.
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Who will you see at Meet the Money?

Hotel Law Blog | By Jim Butler·18 April 2018
It’s almost May, so our annual Meet the Money® Conference is almost here! JMBM’s Global Hospitality Group® will host the 28th year of our national hotel finance and investment conference May 7-9, 2018 at the Hyatt Regency LAX. This must-attend event gives you access to plenty of efficient networking and the latest insights into industry trends and strategies.
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The hotel industry salutes Larry Shupnick!

Hotel Law Blog | By Jim Butler· 5 March 2018
On Saturday, March 3, 2018, the hospitality industry gathered at the JW Marriott LA LIVE to honor industry icon Larry Shupnick, senior vice president of development & acquisitions at Interstate Hotels & Resorts. The sold-out event was the annual fund raiser organized by Cal Poly to benefit The Collins College of Hospitality Management.
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Cyberattacks on Hotels - What Should Hotel Owners and Operators Do?

Hotel Law Blog | By Jim Butler·22 January 2018
Protecting guests’ information (and employees’ information) from hackers is one of the biggest business challenges faced by hotel owners today. Data breaches can result in loss of reputation and loss of revenue, and can trigger costly lawsuits and government investigations.
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Homeland Security Warns Against Threats to US Infrastructure

Hotel Law Blog | By Jim Butler·25 October 2017
Cybersecurity breaches and risk management continue to be a concern for businesses of all sizes and types. A recent warning distributed by the U.S. Department of Homeland Security and the FBI regarding targeted hacks in several critical industries is an illustration that anyone can be vulnerable such tactics, including the hospitality industry. My partner Bob Braun, senior member of JMBM’s Global Hospitality Group® and co-chair of JMBM’s Cybersecurity and Privacy Group, summarizes the recent report and its conclusions below.
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Hotel Lawyer: Tips on negotiating your annual hotel budget

Hotel Law Blog | By Jim Butler· 9 October 2017
It is budget season again — that time when operators and owners sit down to agree on the financial blueprint for the next year. My partner Bob Braun has worked on many hundreds of hotel management agreements and issues arising under them. Today, he shares some insights about the how to maximize the budget opportunity for constructive dialog between owners and operators.

Resort Fee Litigation Advisory Group: How Resort Fees became an explosive $2.7 billion issue

Hotel Law Blog | By Jim Butler· 6 October 2017
Resort Fees are a $2.7 billion issue — a juicy target for Federal and State governments as well as plaintiffs’ lawyers. It is very likely that the Resort Fee issue will present challenges in the near future to all stakeholders in the hospitality industry. The prior articles in this series talked about what Resort Fees are, and key developments that warn of an eruption of government and private claims over Resort Fees.

Resort Fee Litigation Advisory Group: National task force of 47 Attorneys General goes after Resort Fees

Hotel Law Blog | By Jim Butler· 3 October 2017
esort Fees: It is not just the FTC. Now there are 47 Attorneys General focused going after perceived abuses of Resort Fees Consumer complaints have been protesting Resort Fees for almost two decades. In 2012, the FTC took its first major action. The hotel industry took some action, but many consumer groups and regulators apparently don’t think it is enough. In May 2016, a national investigation was initiated by the Attorneys General of 46 states and the District of Columbia as to whether DC’s consumer Protection Procedures Act (the “CPPA”) and similar acts of other states have been violated by deceptive price advertising techniques related to drip pricing regarding Resort Fees.
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Resort Fee Litigation Advisory Group: An eruption of government and private claims over Resort Fees? Part 1 - The FTC 2017 Report

Hotel Law Blog | By Jim Butler·29 September 2017
Two significant developments may signal an eruption of government and private claims over Resort Fees — (1) publication of the FTC 2017 Report and (2) commencement of proceedings regarding Resort Fees by a national task force of Attorneys General for 46 states plus the District of Columbia. This article focuses on the FTC Report. The next article will discuss the national task force.
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Resort Fee Litigation Advisory Group: Impending eruption of litigation over Resort Fees?

Hotel Law Blog | By Jim Butler·25 September 2017
Impending eruption of government and private litigation over Resort Fees (mandatory service fees) There were earthquakes and tremblors for at least 17 years before Pompeii was destroyed in the catastrophic eruption of Mount Vesuvius in 79 AD. The past is prelude. What are Resort Fees?

Hotel Lawyer: Tax Alert for Partnerships and LLCs

Hotel Law Blog | By Jim Butler·18 September 2017
As of January 1, 2018 owners of General Partnerships, Limited Partnerships or multi-member Limited Liability Companies may soon find themselves economically liable for the unpaid tax of former partners/members of those entities. JMBM Tax Attorney Jamie Ogden briefly describes the new audit regime, who it affects, and what you need to do to protect yourself from uncertainties.
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Hotel Lawyers at The Lodging Conference 2017: EB-5, Mixed-Use Development and Deal Making

Hotel Law Blog | By Jim Butler·18 September 2017
The Lodging Conference is taking place at the Arizona Biltmore in Phoenix, October 30-November 2, 2017, and hotel lawyers from JMBM’s Global Hospitality Group® will be there to visit our friends in the hospitality industry, share our knowledge, learn from the experts (and do some deals!). At the conference, I will moderate the panel, Navigating the EB-5 Landscape taking place at 4:00 pm on October 31st. Funding obtained through the EB-5 Immigrant Investor Visa program continues to play a vital role in the capital stack for new hotel development and we will provide up-to-the-minute information on the status of the program, as well as share some great success stories. To get up to speed on what’s happening with EB-5, check out my recent blogs.

EB-5 Finance Lawyer: President's Trump's budget deal includes extension of EB-5 through 12-8-17

Hotel Law Blog | By Jim Butler· 7 September 2017
President Trump’s budget deal with Congress includes extension of EB-5 through December 8, 2017 In a message to members of the Public Policy Committee today, the IIUSA confirmed the extension of the EB-5 regional center program as part of the budget deal struck yesterday by President Trump and Congressional leaders.
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EB-5 Finance Lawyer: The Developer's EB-5 Handbook is now published

Hotel Law Blog | By Jim Butler·15 August 2017
JMBM’s Global Hospitality Group® and EB-5 Finance Group™ are pleased to announce the publication of The Developer’s EB-5 Handbook for EB-5 Construction Financing, a “must-read” resource for developers who are considering using EB-5 financing to complete or enhance their capital stack for construction projects . This is the much talked-about and often (inappropriately) maligned EB-5 program, also known as the immigrant investment visa program.
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EB-5 Financing Lawyer: What JMBM does to help developers with EB-5 financing

Hotel Law Blog | By Jim Butler· 6 August 2017
Client confidentiality precludes us from listing clients and projects we have assisted with this program, but suffice it to say that some of the best known names in the business are tapping into this funding source to fill out their capital stack at a favorable cost. And we have helped some of the biggest and highest profile players. JMBM has closed more than $1.5 billion of EB-5 financing and has sourced more than half of that for our development clients.
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EB-5 Financing Lawyer: Why you do NOT want to form your own regional center

Hotel Law Blog | By Jim Butler· 4 August 2017
Although the EB-5 immigrant visa program has been around since 1990, the current trend of using it as a source of financing for hotel and other real estate started 20 years later – around 2010. We worked on one of the first hotel EB-5 financings for the W Hotel & Residences in Hollywood, and we have since worked on more than 100 EB-5 projects all over the country. Now, the use of EB-5 financing for construction has gone mainstream. High profile EB-5 financing closings include $450 million for the Century Plaza Los Angeles, $100 million for the Ritz Carlton & JW Marriott in downtown Los Angeles, $150 million for the Waldorf Astoria in Beverly Hills, and $1 billion for the Silverstein project at the World Trade Center in New York City (with a Four Seasons Hotel).
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EB-5 Financing Lawyer: The 5 questions every developer is asking about EB-5 financing

Hotel Law Blog | By Jim Butler· 2 August 2017
The use of EB-5 financing has exploded over the past 8 years as an important funding source for new development – particularly for hotel developments. It is clearly now part of the “mainstream.” It is used by many institutional players, including government entities such as port authorities, major hotel brands like Marriott and Hilton, and some of America’s most successful and respected companies, such as Great Wolf Resorts, the Related Companies, and Silverstein Properties.
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EB-5 Financing Lawyer: EB-5 construction financing term sheet for top developers

Hotel Law Blog | By Jim Butler· 1 August 2017
JMBM believes that for most developers, EB-5 financing is best structured as mezzanine debt or preferred equity, to optimize the total amount of financing and reduce the cost of the capital stack. Normally, senior construction debt (secured by a first priority lien) will be significantly cheaper than EB-5 money, but senior lenders (particularly if the subject project is a hotel) rarely lend more than 50% to 55% of the total cost of construction. Most of our clients like to use this cheap senior debt and then add some low-cost EB-5 mezzanine debt on top of it to get total loan-to-cost ratios up to 80% or more.
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EB-5 Financing Lawyer: FAQs: Essentials of EB-5 construction financing for developers

Hotel Law Blog | By Jim Butler· 1 August 2017
EB-5 is a provision in the United States immigration laws. It is the fifth “Employment Based” immigration provision providing expedited visa processing (hence “EB-5”). The program is a win-win-win arrangement, giving wealthy immigrants the opportunity to earn a “fast-track” to US citizenship if they make a minimum investment of $500,000, and create a minimum of at least 10 new jobs in the United States. In return, communities get the benefit of economic stimulation created by this investment and the new jobs. And developers get a valuable source of financing for new projects that is otherwise more difficult to obtain and more expensive from other sources.
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EB-5 Financing Lawyer: How JMBM has helped developers close more than $1.5 billion of EB-5 construction financing for development

Hotel Law Blog | By Jim Butler·29 July 2017
EB-5 financing is an important and viable source of construction financing for hotels, hotel enhanced mixed-use, and other development projects. Eight years ago, when JMBM started helping hotel developers with EB-5 financing, many worried about whether this is a legitimate and reliable financing source. Now, after billions of dollars of development have been funded with EB-5, this type of financing is regarded as mainstream. It is used by many institutional players, including government entities such as port authorities, major hotel brands like Marriott and Hilton, and some of America’s most successful and respected companies, such as Great Wolf Resorts, the Related Companies and Silverstein Properties.

EB-5 Finance Lawyer: Are hotels still the darling of EB-5 financing?

Hotel Law Blog | By Jim Butler·25 July 2017
The EB-5 immigrant investor visa program has provided billions of dollars of affordable construction financing for a wide variety of projects ranging from high tech and alternate energy to traditional types of commercial real estate. Over the last decade, EB-5 investors have overwhelmingly chosen real estate projects, particularly those with hotel, multifamily, senior living, and mixed-use components. While the enabling legislation for the program does not limit the type of project financed, it does require that at least 10 new jobs be created in the United States for each investor seeking a visa. This article discusses why hotels are consistently among the investments most favored for EB-5 financing, and why they are likely to remain so for some time to come.

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