Capabilities

Hospitality

Hotel companies and other hospitality-related businesses look to Arnold & Porter Kaye Scholer not only for its real estate and hotel operations experience but also for the firm's collective experience in dealing with a broad array of transactional, regulatory counseling, employment, tax, and litigation matters.

Our firm maintains a broad-based transactional hospitality practice, having represented clients large and small in connection with single-asset and portfolio acquisitions and dispositions, ground-up development, redevelopment, and repositioning of properties. We handle acquisitions, dispositions, and restructurings of hotel assets through bankruptcies and acquisitions of debt positions. In connection with the development, acquisition, and ownership of hospitality properties, we structure complex financing, including debt and equity, public subsidies, tax increment financing, public-private partnerships, and other emerging financing vehicles. In addition, we assist our clients in structuring successful management, franchise, and leasing arrangements.

We advise clients on tax matters relating to hotel investments, including providing cross-border tax advice for foreign investors in US properties and for US investors in hotels and resorts around the world. For real estate investment trust clients, we advise on structuring their acquisition, ownership, and disposition of hotel properties. We also provide day-to-day counseling and advice on labor and employment matters, including wage/hour issues unique to the restaurant and hospitality industries. In addition, our leading California Proposition 65 and Privacy practices are prepared to assist hospitality clients with complex legal issues that may arise.

Our hospitality litigators regularly advise and advocate on behalf of hotel owners in their dealings with management companies and franchisors, and are known for handling precedent-setting litigation, especially in the areas of management and franchise agreements, fraud, fiduciary duties, valuation disputes, accounting and cost allocations, as well as joint venture matters.

Experience

CNL Lifestyle Properties, Inc. Sale of remaining assets

Advised REIT in sale to EPR Properties  and Ski Resort Holdings LLC of its remaining assets, including 20 attractions properties and 16 ski and mountain lifestyle properties, located in the United States and Canada.

 

Private equity fund Sale of Ace Hotel and Theater

Represented private equity fund in the sale of the historical Los Angeles Ace Hotel and Theater to Chesapeake Lodging Trust, a Maryland real estate investment trust, for $103 million.

Macquarie US Trading LLC Refinancing of the Sheraton Fort Worth

Represented US affiliate of an Australian bank in connection with the $35 million mortgage loan secured by the Sheraton Fort Worth Downtown Hotel in conjunction with a $21 million mezzanine loan originated by a US real estate debt fund.

Leading financial institution San Diego Bayfront Hilton financing

Represented leading financial institution in a $240 million mortgage financing of the San Diego Bayfront Hilton, a 30-story convention hotel located in San Diego’s Marina District.

DiamondRock Hospitality Sale of the Orlando Airport Marriott Lakeside

Represented hospitality REIT in its US$63 million sale of the Orlando Airport Marriott Lakeside.

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Perspectives

Resort Fee Case Against Wyndham Moves Forward
Advisory
Cybersecurity Preparedness: Strategies for Hotel Companies
Arnold & Porter LLP
Key Legal Issues: The Battle for Control (pdf)
Chapter 14, Hotel Asset Management Principles and Practices, Third Edition, AHLEI

Recognition

Chambers USA
Leisure & Hospitality (Nationwide) (2016-2017)
Real Estate (DC) (2015-2017)
U.S. News & World Report and Best Lawyers
"Best Law Firms" for Real Estate (2016)
The Legal 500 US
Real Estate and Construction (2015)
Overview

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