Thursday, November 8

8:30 - 9:00 am
Registration and Continental Breakfast
Sponsored by Goodwin Procter LLP

9:00 - 9:15 am
Welcome and Overview
Lawrence J. Center
Joe McInerney

9:15 - 10:30 am
Fairmont v. Turnberry and Other Cases Challenging Early Termination of Hotel Management Agreements
Moderator: Nelson F. Migdal
Panelists: Terence P. Badour, Donald F. Drummond, Forrest A. Hainline, Professor David Sherwyn, J.D.

There Sunday; gone Monday. Can a hotel owner terminate a hotel management company at will and without notice or cause? This issue is at the heart of Fairmont v. Turnberry, M Waikiki LLC v. Marriott Hotel Services, and other recent cases in which management companies have challenged owners' attempts to terminate management agreements before their expiration dates. Attorneys who have represented parties to these cases will consider this and other issues presented by these cases.

10:30 - 10:45 am
Networking Break
Sponsored by Greenberg Traurig LLP

10:45 am - 12:15 pm
Legal Challenges to the Expanding Hotel Industry in Developing Markets
Moderator: J. Weili Cheng
Panelists: Christopher L. Bennett, Laura B. Mutterperl, Mark A. Robertson, Ayaz R. Shaikh

Hotels are developing at an unprecedented pace in emerging markets, including Brazil, Russia, India, China, and other countries. However, the enormous opportunities in these countries have presented significant legal challenges for Western hotel companies developing and operating hotels. All of the attorneys on this panel have significant international experience. Topics this panel will discuss include managing different contract views and expectations; compliance with the U.S. Foreign Corrupt Practices Act and the U.K. Bribery Act; maintaining control over operations and brands; and compliance by global companies with local regulations.

12:15 - 1:30 pm
Lunch
Sponsored by Hogan Lovells

1:30 - 3:00 pm
Current Legal Issues in Hotel Financing
Moderator:     Andrea M. Mattei
Panelists:    Courtney G. Capute, Mark J. Eagan, Christopher J. Hart, Russell C. Savrann, Steven L. Wilner

This panel of leading project finance attorneys in the hotel industry will consider current legal issues related to financing hotel developments, including mezzanine debt, note sales and sales of restructuring properties, as well as the financing of property improvement plans (PIPs) as these re-emerge in the recovering market.

3:00 - 3:15 pm
Networking Break
Sponsored by Venable LLP

3:15 - 4:30 pm
Foreclosures, Receiverships, Bankruptcies, and Deeds in Lieu
Moderator: Jerome J. Kraisinger
Panelists: Mark B. Forseth, James Francque, Nancy Haggerty, David R. Kuney, Karen Satterlee

On this panel, industry insiders and attorneys will discuss troubled hotel and resort issues from the perspective of the troubled owner, the hotel manager, the brand, the lender, and the new buyer, including:

• Current market trends on hotel foreclosures and bankruptcies; why lenders are now pursuing foreclosures.
• What to do with distressed hotels; can they be saved?
• How brand companies view distressed assets in managing their systems from both the managed and franchised hotel perspective, including: working through SNDA and comfort letter issues, working through the bankruptcy and foreclosure process, and changes in brands or hotel operators.
• Choice of procedures: bankruptcies, foreclosures, deeds in lieu, short sales, and advantages and disadvantages of each, including limits to representations and actions a buyer can take to bridge the gap.
• Dealing with other liens and defaults, general contractors' liens, municipal development agreements, labor contracts, and "flag" contract defaults.
• What powers and rights must an attorney put into workout documents to give a hotel operator and brand company the ability to manage and brand a hotel through the process and for future success?

4:30 - 5:30 pm
Networking Cocktail Reception
Sponsored by Locke Lord LLP

Friday, November 9, 2012

8:30 - 9:00 am
Continental Breakfast
Sponsored by Baker Hostetler

9:00 - 10:30 am
General Counsels Roundtable
Moderator: Kristin Campbell
Panelists:Terence P. Badour, Frederick D. McKalip, Rena Hozore Reiss, Edward A. Ryan, William J. Tennis

This panel of general counsels of leading hotel owners and brand companies will discuss the most pressing legal issues confronting the hotel and lodging industry.

10:30 - 10:45 am
Networking Break
Sponsored by Holland & Knight

10:45 am - 12:15 pm
Breakout Sessions

A.  Recent Developments under the Americans with Disabilities Act
Moderator: Robert W. Lannan
Panelists: Douglas J. Anderson, Franceen Gonzales, Eve Hill, Rosemary O'Shea, Minh N. Vu

This panel will explore significant developments under the U.S. Americans with Disabilities Act (ADA) during the past two years, including amendments to the ADA that became effective during this period, new Justice Department regulations under ADA (including the disputed swimming pool lift requirements) and increased enforcement of the ADA.

B.  Labor & Employment Law: What the General Counsel in the Hotel Industry Today Should Know
Moderator: Professor David Sherwyn, J.D.
Panelists: Michael J. Gray, Mary Helen Medina, Melinda Renshaw, Paul Salvatore, Paul E. Wagner

This panel will discuss current labor and employment issues challenging the hotel industry. While the hotel industry has become the "Holy Grail" for organized labor, UNITE HERE does not organize through the traditional election process. Instead, it uses negotiations, arbitration, and corporate campaigns to secure card-check neutrality agreements. In this session we will discuss the effects of card-check and each of the tools that labor uses to achieve these agreements. Meanwhile, mandatory arbitration of employment disputes has been the center piece for several hospitality employers' employment relations programs. After a recent Supreme Court decision it seems that such agreements can be used to eliminate class actions. Should unionized and non-unionized employers adopt mandatory arbitration systems? The panel will consider this issue as well. Finally, the National Labor Relations Act (NLRA) is not just for unionized employers anymore. The National Labor Relations Board has taken the position that the NLRA prohibits class action waivers (the 5th circuit should decide the case by the time of the conference) and protects employees from discipline related to Facebook posting in non-union settings. This session discusses the how the NLRA is relevant for non-union employers.  

12:15 - 1:30 pm
Networking Lunch
Sponsored by Lannan Legal PLLC

1:30 - 3:00 pm
Negotiating Franchise Agreements and Management Agreements
Moderator: Joseph A. Guay
Panelists: Susannah Bennett, Margaret C. Egan, Richard J. Fildes, Timothy Q. Hudak, Amy King

Attorneys who negotiate management and franchise agreements for hotel owners, management companies, and franchisors will discuss issues related to these negotiations, including (1) factors in choosing between management by a brand and brand franchise with third party management; (2) performance testing; and (3) term lengths in today's market.

3:00 - 3:15 pm
Networking Break
Sponsored by Seyfarth Shaw LLP

3:15 - 4:30 pm
Design Disputes between Owners and Brands
Moderator: Tara Gorman
Panelists: Alexandra Cole, Nancy Gourley, Paula Maggio, Allison McCarthy

Castillo Grand LLC v. Sheraton Operating Corp. (involving the St. Regis Ft. Lauderdale) and other recent cases have highlighted disputes between hotel owners and brand companies over designs, brand standards, and project management. What is the responsibility of the brand company to provide design standards? Do today's design standards exceed what is necessary for a hotel to be competitive? What discretion do brand companies need to meet customer expectations in a competitive lodging market? How can a well-drafted management/franchise/technical assistance agreement define standards and roles and minimize disputes?

4:30 pm
Adjournment