Areas Of Expertise

Lawyers at M&R have unparalleled experience serving the hospitality industry. They routinely represent hotel, resort and restaurant owners, operators, franchisors, franchisees, developers and financiers in an array of transactional and litigation matters. Indeed, the firm has assembled a vertically integrated, interdisciplinary team of practitioners (the Hospitality Group) that applies a collective fluency in the hospitality space to drive superior results. Hoteliers turn to M&R's hospitality lawyers to handle matters involving hotel law and regulations, real estate, labor and employment, IP, general corporate law and commercial and business litigation. M&R’s Hospitality Group has the interests of its clients covered.
Toward that end, the firm’s lawyers pride themselves on staying current on the events and trends that shape the hospitality business. They are industry authorities able to help clients navigate the hotel, resort and restaurant landscape, and quite active in the hospitality space, even outside the boardroom and courthouse. The firm is involved in the American Hotel & Lodging Association, California Hotel & Lodging Association, Cornell Institute for Hospitality Labor and Employment Relations, Golden Gate Restaurant Association, Hotel Association of Los Angeles, and New York State Restaurant Association. Also, M&R lawyers frequently speak at national and regional hospitality industry conferences and events (like ALIS Law), and they regularly contribute articles published in prominent hospitality trade magazines and newsletters. In fact, the firm’s Managing Partner sits on the Editorial Board of Hotel Executive.
Areas Of Expertise
- Branding, Trademark & Domain Name Disputes
M&R routinely represents hospitality clients in trademark, copyright and trade secret matters. Likewise, the firm’s attorneys work closely with hotels, resorts and restaurants regarding domestic and foreign branding and brand protection. Toward that end, they are quite adept at drafting impactful cease and desist (C&D) letters as well as conducting oppositions and cancellations before the Trademark Trial & Appeal Board (TTAB). In addition, lawyers at M&R are frequently retained to navigate clients through IP registration and policing, copyright negotiation and litigation, and domain name disputes, which oftentimes require the filing of complaints pursuant to the Uniform-Name Dispute-Resolution Policy (UDRP).
- Commercial & Business Litigation
M&R’s commercial and business litigators are highly sought after in the hospitality industry, having represented nearly every four and five-star hotel in California as well as countless top-tier properties in other states and countries. The firm’s lawyers have successfully defended its hotel, resort and restaurant clients base in an array of cases involving contract and vendor disputes, supply and service claims, route and customer infringement matters, and the like.
- Contract Relations
When it comes to contract negotiation, drafting, management and litigation, M&R attorneys have their hospitality clients covered. The firm’s practitioners have vast experience with the breadth of contracts that hotel, resort and restaurant owners/operators are party to (from construction and buy-sell agreements to contracts with management and vendors, and everything in between).
- Corporate Counsel
M&R’s corporate attorneys routinely advise hospitality clients in connection with their day-to-day business operations. More particularly, the firm’s corporate lawyers provide counsel on everything from entity formation, corporate governance and compliance, and strategic partnerships, to the negotiation of purchase and sale contracts and hotel management agreements (HMAs), mergers and acquisitions and financing, leasing, licensing and regulatory matters.
- Cyber Security & Data Breach Protection
It is imperative that those in the hospitality industry implement policies and procedures to safeguard against cyber attacks and effectively respond to data breaches in the unfortunate event they occur. Toward that end, M&R professionals work closely with the firm’s hotel, resort and restaurant clientele to ensure they are protected. In addition, the firm’s lawyers – who continually monitor developments in the ever-evolving field of cybersecurity – provide employee training to significantly reduce exposure to cyber crime and data breaches that can put customer and employee information at risk. M&R attorneys also have a particular expertise when it comes to the California Online Privacy Protection Act. The firm regularly advises its hospitality clients on how to assure compliance, and provides representation in the event of violations.
- Employee Relations & Litigation
M&R’s labor and employment professionals negotiate, draft and review a variety of employment-related contracts, including executive employment and separation agreements, non-disclosure agreements, management agreements, partnership agreements, consultant agreements and restrictive covenants. The firm’s lawyers also perform workplace audits, investigations and compliance reviews; create employee handbooks and operational manuals; craft benefits and compensation packages; and conduct an array of employee training sessions. Likewise, M&R attorneys represent hotels, resorts and restaurants in Department of Labor (DOL) and Office of Federal Contract Compliance Programs (OFCCP) audits and actions, as well as labor arbitrations and collective bargaining negotiations. In terms of litigation, the firm has a record of success handling wage and hour matters (including class actions) and wrongful termination, harassment and discrimination cases.
- Gratuity & Tipping Issues
As the minimum wage in the hospitality industry reaches new heights, and the U.S. Supreme Court considers weighing in on the permissibility of tip pooling, many hotel, resort and restaurant employers are rethinking compensation models for their employees. In response, labor and employment lawyers at M&R vigilantly track alternative payment programs, and advise regarding cutting-edge compensation structures that benefit management, employees and customers, all the while remaining compliant with state and federal laws.
- Hotel Sales & Acquisitions
M&R corporate and real estate attorneys have represented some of the most prominent hotels and resorts in the world in sophisticated and complex sale and acquisition transactions. The firm’s professionals handle everything from pre-transaction planning, strategy, due diligence, negotiation and financing to execution, closing and post-closing activities.
- Minimum Wage Issues
While the status of the federal minimum wage remains in flux, states (including California) and municipalities (e.g., Santa Monica, San Francisco, Seattle) have taken unilateral action to increase minimum wages, impacting many industries, hospitality included. Lawyers at M&R understand the ramifications of such wage hikes (both legal and operational) for hotel, resort and restaurant owners/operators, and provide counsel as to how to navigate the changing minimum wage landscape with an emphasis on profit maximization.
- Real Estate Litigation, Transactions & REITs
The hospitality industry is particularly vulnerable to real estate disputes resulting in litigation. That being said, the firm’s litigators handle a range of cases involving title insurance, lien and ownership priority, bona fide purchaser/encumbrance status, easement rights, adverse possession and other prescriptive rights, accretion/erosion, leases, rights of first refusal, eminent domain, urban redevelopment and relocation and mechanic’s liens, among others. Likewise, M&R handles real estate transactional matters involving title and leasing, loan transactions and other financing concerns, real estate investment, title insurance claims, lien and ownership priority, easements and mechanic’s lien rights, to name a few. The firm’s attorneys also have specific expertise representing hotel REITs in mergers and acquisitions, structured debt financings, joint ventures and other strategic transactions, along with miscellaneous and associated corporate, tax and partnership matters.
Counseling & Negotiation: M&R attorneys successfully counsel and negotiate on behalf of hospitality clients in contract disputes and general employment matters, including executive compensation, terminations and best employment practices.
Employment/Sexual Assault: Plaintiff was allegedly touched inappropriately by a hotel employee. M&R was retained to defend the global hotel corporation against negligent hiring and premises liability claims arising from the purported incident. Successfully negotiated a resolution after demonstrating that there was no negligence by the client.
Executive Employment Agreements: We routinely prepare executive employment agreements involving industry-specific compensation packages for national hotels and restaurant, food and beverage companies.
Joint Venture: Successfully negotiated joint venture for food and beverage client with one of Hollywood’s historic hotels, leading to opening of a unique food, beverage and recreational concept in California.
Labor Relations: We have defeated several union organizing campaigns, handled labor arbitrations and served as lead labor counsel on strikes and in collective bargaining negotiations for a number of major national and international hotel and restaurant chains.
Landlord-Tenant Dispute: Obtained a favorable resolution of a landlord-tenant dispute between an overstay guest who had obtained tenancy rights and hotel owner/operator.
Litigation: After a child fell from a hotel room window, the family sued the hotel claiming it was the window that caused the fall and not that the parents failed in their supervision. Obtained summary judgment on the client’s behalf. In the same case, secured a court order requiring the out-of-state plaintiffs to post a $75,000 bond as security for defense costs, and the trial court awarded $17,000 in costs to client.
Litigation: Obtained favorable result for hotelier in a case of alleged bed-bugs in a hotel by prevailing on a demurrer to the fraud cause of action and motion to strike punitive damages.
Litigation: Prevailed on numerous ex parte applications on discovery and pre-trial issues and obtained favorable settlement in contentious premises liability litigation concerning injury to a child from falling out a hotel window.
Mergers & Acquisitions: Represented a well-known hotel and gaming corporation in the acquisition and disposition of gaming, hotel and other hospitality properties.
New Market Tax Credits: Represented developer Full Spectrum of NY, LLC and My Image Studios Inc., in the closing of a $21 million New Markets Tax Credit financing that provided the debt and equity to build a 20,000 square foot African and Hispanic restaurant, production facility and arts and culture center in Harlem, New York. Led a team of multi-disciplinary lawyers (including real estate, banking , tax and finance counsel) in structuring the deal, which included senior and junior debt, sale of tax credits for equity, and additional capital from the investors. Reviewed and coordinated numerous legal documents including loan agreements, corporate reorganizational documents, a building and construction agreement and a tax opinion on the structure of the deal.
Premises Liability for Hoteliers: After prevailing on summary judgment in a case where a hotel restaurant patron was allegedly bit by a spider in an outdoor patio, secured award of nearly all of defendant’s litigation costs.
Property Loss at Hotel: Obtained early settlement by drafting demurrer and motion to strike where the complaint alleged property loss from a hotel room above the recoverable statutory minimum under the applicable California hotel law.
Purchase and Licensing: Represented client in purchase of an alcoholic beverage business and assisted in obtaining licensing and distribution rights.
Purchase of Alcoholic Beverage Business: Represented a client in the purchase of an alcoholic beverage business, which later acquired licensing and distribution rights as a strategy to enhance the brand.
Restaurant Formation: On behalf of owner operators and chef owners, M&R formed and structured numerous restaurant businesses by counseling on structure and financing, securing necessary licensing (alcohol), furniture, fixtures and equipment to start the enterprise. Additionally, M&R was instrumental in negotiating executive compensation, management and consulting, and various forms of brand and intellectual property licensing agreements.
Restaurant Purchase: Represented one of the most prominent restaurateurs in multi-million dollar purchase of a Downtown Los Angeles restaurant. Navigated multiple complex issues in closing the transaction, including: restructuring purchase terms to ensure satisfaction of the secured creditors and bulk sales law; obtaining a waiver and amendment of a recapture provision in the lease; and negotiating more favorable terms for the client at closing, including a $500,000 discount on the purchase price.
Restaurant Refinancing: M&R advised restaurateur in securing additional financing to complete restaurant build-out when poor budgeting and design and construction flaws halted project. Successfully recovered funds from consultants through litigation.
Restaurant Sale: Negotiated on behalf of and advised owner of a multi-unit restaurant business through successfully obtaining financing from a private equity fund.
Headlines
- January 17, 2019
- March 5, 2018
- June 21, 2017
- November 8, 2016
- May 22, 2015
- October 21, 2014
- April 4, 2014
Media Mentions
- January 3, 2021
- September 10, 2020
- March 10, 2020
- January 1, 2020
- January 1, 2019
- September 20, 2018
- May 30, 2018
- March 12, 2018
- February 1, 2018
- January 9, 2018
- January 2, 2018
- January 1, 2018
- December 18, 2017
- December 5, 2017
- December 4, 2017
- October 12, 2017
- September 22, 2017
- July 20, 2017
- June 12, 2017
- February 3, 2017
- January 12, 2017
- January 2, 2017
- January 2, 2017
- September 22, 2016
- April 22, 2016
- April 21, 2016
- April 19, 2016
- March 29, 2016
- March 28, 2016
- March 11, 2016
- March 4, 2016
- February 16, 2016
- January 28, 2016
- January 13, 2016
- September 3, 2015
- July 2015
- June 30, 2015
- March 20, 2015
Publications
- Hotel Business Review, January 19, 2020
- Hotel Business Review, November 17, 2019
- Hotel Business Review, August 4, 2019
- Hotel News Now , April 9, 2019
- Hotel Business Review, February 10, 2019
- Hotel Business Review, November 11, 2018
- Hotel Business Review, July 29, 2018
- Hotel News Now, July 24, 2018
- Hotel News Now, June 27, 2018
- Hotel Business Review, May 20, 2018
- Hotel Business Review, March 18, 2018
- Hotel News Now, March 7, 2018
- Hotel Business Review, December 3, 2017
- California Hotel & Lodging Association Newsletter, October 2017
- Hotel Business Review, October 3, 2017
- HOTELS Magazine, September 25, 2017
- Hotels Magazine, August 22, 2017
- Hotel Business Review, August 8, 2017
- Hotel News Now, May 23, 2017
- Nation's Restaurant News, April 26, 2017
- Hotel Business Review, March 6, 2017
- Hotel News Now, January 20, 2017
- Law360, November 23, 2016
- Hotel Business Review, November 21, 2016
- Hotel News Now, September 7, 2016
- Hotel Management, May 31, 2016
- Hotel News Now, February 10, 2016
- CONVERGE, October 25, 2015
Blog Posts
- New York City Council Approves Permanent Caps on Food Delivery Fees September 7, 2021
- Hotels in California May Be Days Away From Reopening: What Hoteliers Need to Know June 8, 2020
- Hoteliers Beware: a Return to Business Post-Pandemic Brings With It Potential Legal Liability May 27, 2020
- Los Angeles Hospitality Workers Among Those Thrown a Potential Lifeline April 29, 2020
- Here’s a Tip: Be Mindful of Pending Changes in the Treatment of Gratuities December 11, 2017
- Tip Credits and the Multitasking Hospitality Employee October 31, 2017
- Suitable Seating Laws in California: Do Not Read While Standing August 8, 2017
- Transgender Bathroom Laws in California: What Employers Need to Know July 5, 2017
- Hoteliers Taking Aim at Airbnb June 21, 2017
- Arbitration Agreements: Do Yours Include All Necessary Carve Outs? April 26, 2017
Past Events
- ALIS Law 2022 ConferenceLos Angeles, California, January 24, 2022
- National HR in Hospitality ConferenceSan Diego, CA, September 21, 2021
- ALIS Law 2021 ConferenceLos Angeles, CA, July 26, 2021
- Cornell University & Center for Innovative Hospitality Labor and Employment Relations (CIHLER)March 27, 2020
- ALIS Law 2020 ConferenceLos Angeles, CA, January 27, 2020
- National HR in Hospitality ConferenceLas Vegas, NV, March 25, 2019
- 2019 ALIS Law ConferenceLos Angeles, CA, January 28, 2019
- Southern California Hotel & Lodging ConferenceAnaheim, CA, May 24, 2018
- Northern California Hotel & Lodging ConferenceSan Jose, CA, May 22, 2018
- HR in Hospitality ConferenceLas Vegas, NV, March 6, 2018
- ALIS Law ConferenceLos Angeles, CA, January 22, 2018
- Cornell Institute for Hospitality Labor and Employment Relations (CIHLER) and Michelman & Robinson, LLPLos Angeles, CA, July 11, 2017
- NYU International Hospitality Industry Investment ConferenceNew York, NY, June 6, 2017
- ALIS LawLos Angeles, California, January 24, 2017
- Hotel Association of Los Angeles and Michelman & Robinson, LLPLos Angeles, CA, November 15, 2016
- RHA Annual ConferencePebble Beach, CA, July 12, 2016
- Southern California Hotel & Lodging ConferencePomona, CA, May 26, 2016
- Hotel Owner ConferenceSan Diego, CA, May 13, 2016
- 2nd Annual GGRA Industry ConferenceSan Francisco, CA, April 12, 2016
- Hospitality Law ConferenceHouston, TX, February 23, 2016
- Hospitality Law ConferenceHouston, TX, February 23, 2016
- 2016 InnSpire Conference & Trade ShowMonterey, CA, February 2, 2016
- Hotel Association of Los Angeles and Michelman & Robinson, LLPUniversal City, January 28, 2016
- ALIS LawLos Angeles, CA, January 26, 2016
- Northern & Southern California Hotel & Lodging ConferenceMay 22, 2018
- HALA Breakfast SeminarNovember 15, 2016
- HALA Breakfast SeminarNovember 15, 2016
- RHA Annual ConferenceJuly 12, 2016
- Southern California Hotel & Lodging ConferenceMay 26, 2016
- 2nd Annual GGRA Industry ConferenceApril 12, 2016
- Hospitality Law ConferenceFebruary 23, 2016
- Hospitality Law ConferenceFebruary 23, 2016
- Los Angeles Hotelier Guide to Navigating the 2016 Legal LandscapeJanuary 28, 2016
- Los Angeles Hotelier Guide to Navigating the 2016 Legal LandscapeJanuary 28, 2016
- CH&LA's Women in Lodging SeminarNovember 18, 2015
- SoGal YouTuber FestNovember 14, 2015
- 2015 Choice Hotels ConventionMay 13, 2015
- 2015 AAHOA Annual Convention & Trade ShowApril 23, 2015
- Hospitality Law ConferenceFebruary 10, 2015
- California Hotel & Lodging Association (CH&LA)November 12, 2014
- 2014 Hospitality Law Annual ConferenceFebruary 11, 2014