ADA Defense Lawyer: Whitaker v. Tesla Motors – the end of cookie-cutter ADA complaints?
ADA Defense Lawyer: Whitaker v. Tesla Motors – the end of cookie-cutter ADA complaints? — By Martin H. Orlick

JMBM · 17 Feb

For many years, businesses classed as public accommodations under the ADA have been the subject of "cookie-cutter" complaints that allege discriminatory conditions without providing any specific examples. Thousands of nearly identical complaints have been filed in federal courts nationwide, and their lack of detail makes it difficult for courts to provide a remedy that will prevent future harm. Martin Orlick, Chair of JMBM's ADA Compliance & Defense Group, summarizes the recent decision in Whitaker v. Tesla Motors which may put an end to these fill-in-the-blank cases.

ADA Defense Lawyer: Hotels Must List Accessible Features On The Web Or Risk Lawsuits
ADA Defense Lawyer: Hotels Must List Accessible Features On The Web Or Risk Lawsuits — By Martin H. Orlick

JMBM · 4 Feb

As we've discussed in previous blogs, there has been an uptick in lawsuits filed against hotels alleging a failure to list accessible features on their website as required by the ADA. While many of these cases have been successfully defended in federal courts, new filings continue to surge and many plaintiffs are turning to state courts which have different requirements for dismissal. Martin Orlick, Chair of JMBM's ADA Compliance & Defense Group, explains why we should expect these cases to continue in 2021 and what hotels should be looking out for.

ADA Defense Lawyer: Hotels Must List Accessible Features on the Web or Risk Being Sued
ADA Defense Lawyer: Hotels Must List Accessible Features on the Web or Risk Being Sued

Hotel Law Blog · 2 Feb

As we’ve discussed in previous blogs, there has been an uptick in lawsuits filed against hotels alleging a failure to list accessible features on the

Hotel Lawyer on PPP2 and the COVID Relief Bill’s changes to Paycheck Protection Program
Hotel Lawyer on PPP2 and the COVID Relief Bill’s changes to Paycheck Protection Program — By Jim Butler

JMBM · 14 Jan

We have a new PPP Loan authorization bill out of Washington, after months of political wrangling. Congress could have done more, but they did provide for up to $2,000,000 in additional forgivable loans per borrower, along with provisions which specifically cater to the hospitality industry.

Hotel Lawyer on PPP2 and the COVID Relief Bill's changes to Paycheck Protection Program
Hotel Lawyer on PPP2 and the COVID Relief Bill's changes to Paycheck Protection Program

Hotel Law Blog · 8 Jan

We have a new PPP Loan authorization bill out of Washington, after months of political wrangling. Congress could have done more, but they did provide

Hotel Lawyer Labor & Employment New Year Round-Up: What to Expect in 2021
Hotel Lawyer Labor & Employment New Year Round-Up: What to Expect in 2021

Hotel Law Blog · 30 Dec

See how JMBM's Global Hospitality Group(r) can help you. Click here for the latest on labor and employment guidance. As 2020 comes to a close, many e

Mandatory COVID Vaccinations: Can/should hotels require employees to take the shots? What are the legal and business considerations?
Mandatory COVID Vaccinations: Can/should hotels require employees to take the shots? What are the legal and business considerations?

Hotel Law Blog · 20 Dec

Most of the world has been anxiously waiting for the “silver bullet” of an effective COVID-19 anti-virus vaccine to save lives, reopen business, save

ADA Defense Lawyer: emotional support animals cannot fly for free anymore
ADA Defense Lawyer: emotional support animals cannot fly for free anymore

Hotel Law Blog · 14 Dec

Last week, the Department of Transportation modified the rules of the Air Carriers Act so that “emotional support” animals will no longer be permitte

Time to take a new look at Federal vs. State receiverships?
Time to take a new look at Federal vs. State receiverships?

Hotel Law Blog · 11 Dec

Due to the Covid-19 crisis, getting receivers appointed in many state courts may be difficult. Some state courts are effectively closed, others are b

New Challenges for Hotels: The New California Privacy Rights and Enforcement Act of 2020
New Challenges for Hotels: The New California Privacy Rights and Enforcement Act of 2020 — By Robert E. Braun

JMBM · 12 Nov

On November 3rd, Californians voted to approve Proposition 24 which amends the California Consumer Privacy Act to include expanded consumer rights and greater privacy protections. Bob Braun, senior member of JMBM's Global Hospitality Group® and Co-Chair of the Firm's Cybersecurity & Privacy Group, explains the major provisions of the Act and discusses the challenges hotels face as they look to address its requirements.

Boutiques may be adapting faster than other hotel sectors, but still hurting
Boutiques may be adapting faster than other hotel sectors, but still hurting

Hotel Law Blog · 15 Sep

The theme of the Boutique Lifestyle Leaders Association’s (BLLA) upcoming Boutique Lifestyle Digital Summit is “Dare to Adapt” and there are some com

Hotel Lawyer: Franchise & Management Disputes in a Covid crucible
Hotel Lawyer: Franchise & Management Disputes in a Covid crucible

Hotel Law Blog · 17 Jul

If you are reading this, you are almost certainly in the hospitality industry, and you are most likely in a financial and emotional distress. During

CMBS Special Servicing Roundtable for distressed hotel and retail projects
CMBS Special Servicing Roundtable for distressed hotel and retail projects

Hotel Law Blog · 13 Jul

It’s estimated that 20 percent of hotels in the U.S. have debt held in commercial mortgage-backed securities (CMBS). Among these hospitality industry

ADA Defense Lawyer: ADA requires hotels to describe accessibility on website
ADA Defense Lawyer: ADA requires hotels to describe accessibility on website

Hotel Law Blog · 30 Jun

As ADA lawsuits continue target hotels, it is critical that hotel owners understand what the ADA requires during the online reservations process.

ADA Defense Lawyer: ADA Websiserial plaintiff rebuffed
ADA Defense Lawyer: ADA Websiserial plaintiff rebuffed

Hotel Law Blog · 29 Jun

ADA website cases continue to be filed against hotels nationwide, but some courts are pushing back against serial plaintiffs. My partner, Marty Orlic

Hotel Lawyer Employment Update: Road Map to Reopening the Physical Workplace
Hotel Lawyer Employment Update: Road Map to Reopening the Physical Workplace

Hotel Law Blog · 19 May

As California lawmakers release new guidance on easing stay-at-home restrictions, many employers are wondering how they can safely begin to reopen th

Can SPEs be truly bankruptcy remote entities for hotel and resort loans?
Can SPEs be truly bankruptcy remote entities for hotel and resort loans?

Hotel Law Blog · 17 May

Since the mid-1990s, lenders on hotels and resorts have generally required their borrowers to transfer the asset being financed into a “single purpos

Lender's Key for distressed hotel asset strategies: Butler's Matrix
Lender's Key for distressed hotel asset strategies: Butler's Matrix

Hotel Law Blog · 30 Mar

The Comprehensive Situation Analysis should have gathered and considered all the relevant factors concerning the distressed hotel loan documents, the

Hotel Industry Crisis: 8 Do’s and Don’ts for Distressed Hotels
Hotel Industry Crisis: 8 Do’s and Don’ts for Distressed Hotels — By Jim Butler, Guy Maisnik

JMBM · 24 Mar

As the COVID-19 crisis grows in the US and elsewhere outside China, hotels and restaurants are among the businesses hardest hit. In select markets like Seattle and San Francisco, hotels are reporting single digit occupancies and crushed ADRs. Many hotels do not have the cash flow to keep their doors open. The major hotel companies are talking of furloughs for tens of thousands of hotel employees and many properties are looking at closure or skeleton team maintenance operations.

The Comprehensive Situation Analysis: Critical foundation for decisions on lender alternatives for distressed hotel loans
The Comprehensive Situation Analysis: Critical foundation for decisions on lender alternatives for distressed hotel loans

Hotel Law Blog · 23 Mar

20 March 2020 See how JMBM's Global Hospitality Group(r) can help you. Click here for the latest articles on distressed hotel loans and here for The

Hotel Lawyer: Hotel and restaurant distress from COVID-19/Coronavirus demands prompt action to deal with loan defaults, layoffs, shutdowns, recapitalizations and stand down agreements
Hotel Lawyer: Hotel and restaurant distress from COVID-19/Coronavirus demands prompt action to deal with loan defaults, layoffs, shutdowns, recapitalizations and stand down agreements

Hotel Law Blog · 17 Mar

For the last three to five years the pundits have increasingly speculated that the longest economic recovery in history could not endure and that we

Coronavirus COVID-19 force majeure: Contract provisions and governing law are important
Coronavirus COVID-19 force majeure: Contract provisions and governing law are important — By Mark Adams

JMBM · 9 Mar

Force majeure provides an excuse for a party's non-performance of its contractual obligations as a result of an extraordinary event or circumstance beyond the control of the parties, such as act of God, war, strike, riot, etc.

COVID-19 Coronavirus As Force Majeure Contract Defense — History And Origins
COVID-19 Coronavirus As Force Majeure Contract Defense — History And Origins — By Mark Adams

JMBM · 6 Mar

One often doesn't know the extent of one's insurance coverage until a calamity occurs. So it is with force majeure provisions in contracts. Typically, force majeure provisions are included in contracts to excuse a party from contractual obligations if some unforeseen event beyond its control prevents performance of its contractual obligations.

Federal legislation introduced making hotel resort fees and other mandatory charges illegal
Federal legislation introduced making hotel resort fees and other mandatory charges illegal

Hotel Law Blog · 27 Sep

26 September 2019 Click here for the latest articles on Resort Fee Litigation. Note: If you are a consumer with a Resort Fee issue, please do NOT con

Why all the buzz about cannabis hotels?
Why all the buzz about cannabis hotels?

Hotel Law Blog · 24 Sep

The column below was first published in the October 2019 issue of Hotel Management and is reprinted with permission. Why are so many hoteliers talkin