Search

The purpose of this resources is to discuss common hotel management agreement provisions and concepts in the United States. The authors will touch upon one or more topics which sparks a "I've always wondered why that is the way it is but nobody has taken the time to explain it" reaction with you. The hope the discussion goes some way to demystify the topic.
The 10-part series will cover the following topics:
1. Why is the manager's fee based on hotel's revenue and profit and not some other basis?
2. Why do some agreements provide that the manager is the owner's agent and some do not?
3. Why does the owner employ most or all of the hotel employees (and not the manager)?
4. What is the risk/reward relationship between an owner and manager?
5. Why does the owner indemnify the manager?
6. Why do we need a non-disturbance deed between the owner, manager and financier?
7. Why the need for an area of protection?
8. Why is the owner usually prevented from selling the hotel to one of the manager's competitors?
9. Why does the manager impose restrictions on the owner's ability to finance the hotel?
10. What is the importance of brand standards?

The definition of property in Portugal follows that of other continental legal systems based on Roman law and the French Civil Code, encompassing not only freehold but also other rights of guarantee and of acquisition. Therefore, the definition of property includes full possession and exclusive use and disposition. Read this article to learn more.

A review of the state of real estate in Portugal and recent trends in 2013.

This is a sample stock purchase agreement involving a Delaware company.

This chart is a questionnaire on the regulation of recall campaigns of defective produces in Argentina, Brazil and Chile.

This article is an overview of the current energy mix in Switzerland, and the place of different energy sources in the market

The National People Congress passed the Personal Information Protection Law ("PIPL") in China, effective November 1, 2021. This resource is an overview of the PIPL, including significant challenges it poses to companies' personal data practices.

The US Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, has created profound uncertainty for individuals and entities attempting to navigate a web of inconsistent and often conflicting federal and state laws. One key question is the impact of individual state laws on the provision of health-related services or benefits across state lines, particularly where state laws provide for criminal liability.

The US Equal Employment Opportunity Commission (EEOC) and US Department of Justice (DOJ) have announced plans to monitor employers’ use of artificial intelligence (AI) tools in hiring decisions that may discriminate against applicants with disabilities. On May 12, 2022, both agencies issued guidance outlining areas for concern regarding the use of AI in hiring decisions, which provide some insight into their intentions for litigation.

The Federal Reserve and the Office of the Comptroller of the Currency have issued extensive new guidance to financial institutions about the use of third parties to perform functions for the institution or company, or to provide products or services to their customers. If your company has a relationship with third-party service providers, then this article is a must-read.

Discusses the ten critical questions, ranging from scope to procedures to secrecy, that you must ask before signing a nondisclosure agreement.

Let’s face it: legal disputes take longer than they should — leading many to turn to Alternative Dispute Resolution (ADR) strategies to ease the process. But do ADR practices (e.g., arbitration and mediation) present a viable solution to inefficiency?

In the not-so-distant past, a plaintiff could sue a multinational company in any jurisdiction where it conducted significant business. However, recently, the US Supreme Court has sought to narrow the scope of permissible jurisdictions in an attempt to curtail the onslaught of litigation. In preparation for this new view, law departments both big and small can benefit from understanding how future disputes may be impacted.

How are good compliance and due diligence programs the safeguard of a successful company? They protect against potential legal liability and financial hardship. They preserve the sanctity of a corporate reputation. There's another upside to this type of programming: done correctly, it can also cut company costs.

When an employee parts ways with the company, it isn’t just a box of office decor that gets carried out the door: Any skills or information learned on the job is now potentially benefiting your competition. Many variables can affect the successful application of a non-compete agreement. This article explains how different countries handle non-compete agreements and what the alternatives are to protecting your company’s resources.

On the heels of the public and congressional criticism that followed the perceived failure of General Motors (GM) to promptly recall automobiles that had a defect with the ignition,<br />the company hired Anton Valukas of Jenner & Block to conduct an internal investigation. The resulting “Valukas Report” was not only hard on GM, but also on the in-house legal department as a whole. The author considers<br />the viability of the recommendations made to the in-house team.

This is a sample Family and Medical Leave of Absence policy.

This resource is part of the Lex Mundi Guides to Doing Business series which provides general information about legal and business infrastructures in jurisdictions around the world. In this edition, Lex Mundi explores business entities, trade regulations, tax laws, labor & employment laws, and the Mississippi court system.

This article addresses what can be done once a company is served with a class action lawsuit.

This White Paper is part of a series of Latham & Watkins publications highlighting significant developments under Foreign Account Tax Compliance Act (FATCA) and outlining some of the major workstreams that foreign financial institutions must complete in order to comply with FATCA.

What is the distinction between governance and management? A corporate board determines strategy and sets policy for its organization, while management is responsible for the operation of its organization. Board members should have a connection to the company they govern so that both entities can act in concert. This article addresses several steps involved in achieving integration of governance and operations.

Sound marks, holographic marks, three dimensional marks, scent marks and other non-traditional trademarks have become an important means for marketing departments to build and exploit their company’s brand — in addition to logos, phrases and other more traditional marks. In-house counsel need to stay informed about developments in non-traditional marks in order to keep up with business realities and protect their company’s interests. Many countries have regimes that regulate non-traditional marks, and understanding the procedures required to protect a brand’s unique shapes, sounds and smells can provide an important competitive advantage. This program will address: (1) the types of non-traditional marks that may currently be registered, and what lies ahead; (2) clearance procedures; (3) applications to register; and (4) enforcement proceedings.

Needs Summary Worksheet Example

The cost of living crisis is a challenge that most people are facing. The double impact of rising inflation and interest rates an be crippling for many. Not only do these challenges impact peoples’ pockets but they can also have a negative impact on work performance, morale and engagement in the workplace. In a recent YuLife survey, conducted in partnership with HR Ninjas, 91% of HR professionals said that they felt a responsibility to help. It is in this context that this article sets out how, as an employer, you can provide support to your workforce.

This InfoPAK (now known as ACC Guides) provides a high level overview of the lending mark, forms of security over assets, special purpose vehicles in secured lending, quasi-security, negative pledge, guarantees and loan agreements in the Cayman Islands.

This InfoPAK (now known as ACC Guides) provides a high level overview of the lending mark, forms of security over assets, special purpose vehicles in secured lending, quasi-security, negative pledge, guarantees and loan agreements in Hong Kong.

This document seeks to bring together the previous work done by the Working Party of EU Data Protection Commissioners established under Article 29 of the Data Protection Directive1 into a more comprehensive set of views covering all the central questions raised by flows of personal data to third countries in the context of the application of EU data protection directive (95/46/EC). It is organised according to the system provided for international transfers of personal data set out in Articles 25 and 26 of the directive. (The text of these articles is attached as Annex 2).

This due diligence search list is a checklist of areas and sources for a buyer to check in order to understand potential issues with respect to a business that is being purchased in Canada.