Hospitality Industry Group Representative Matters
HOTEL CONDOMINIUM/MIXED-USE PROJECTS:
Azulara Resort, Costa Rica: Representation of developer in destination hotel, condo hotel, residential, and recreational resort development.
Hawk’s Cay Resort and Marina, Duck Key, Florida: Representation of acquiror and developer of complex, mixed-use resort project, including condominium hotel, spa, marina and conference center.
Hotel 1000, Seattle, Washington: Representation of hotel management company in development of mixed-use condominium/hotel project.
Inn at Otter Crest, Oregon: Representation of management company in restructuring of condo hotel and rental program relationships and documentation and in takeover of management.
Nadi, Fiji: Representation of developer in four-diamond, branded hotel and condo hotel project in Nadi, Fiji.
Rivertide Suites Condo Hotel, Seaside, Oregon: Representation of developer in resort community condo hotel development.
Seventh at Westlake, Seattle, Washington: Representation of land owner/office developer of mixed use 31 story tower with street level retail, 12 floors of office, 15 stories of residential and 7 levels of above and below grade parking.
St. Croix Golf Resort & Casino, U.S. Virgin Islands: Representation of branded management company in destination hotel, condo hotel, golf course and casino development.
Vines of Mendoza, Mendoza, Argentina: Representation of developer of private vineyard estates project, including structuring for resort and condo hotel phases.
FRANCHISE AGREEMENTS AND RELATIONSHIPS:
Domestic:
Alaska: The Westin Alyeska Prince Hotel
California: The Westin Bonaventure Hotel & Suites
California: The Westin Los Angeles Airport
Florida: The Westin Resort, Key Largo
Florida: The Westin Resort, Miami Beach
Florida: The Westin Suites, Orlando
Florida: The Westin Tampa Airport
Georgia: The Westin Atlanta Airport
Georgia: The Westin Atlanta North, at Perimeter
Hawaii: Hapuna Beach Prince Hotel
Hawaii: Mauna Kea Beach Hotel
Massachusetts: The Westin Waltham-Boston
Nebraska: The Westin Aquila
New Jersey: The Westin Governor Morris, Morristown
Ohio: The Westin Columbus
Oklahoma: The Westin Oklahoma City
Pennsylvania: The Westin Suites, Philadelphia Airport
South Carolina: The Westin Francis Marion, Charleston
Washington, D.C.: The Westin Washington D.C., City Center
Washington, D.C.: The Westin Washington D.C.
International:
British West Indies: The Westin Casuarina Resort
California: The Westin Bonaventure Hotel & Suites
Canada: The Westin Grand, Vancouver
Canada: The Westin Resort, Whistler (strata ownership)
Canada: The Westin Nova Scotia
Canada: The Westin Prince, Toronto
Canada: Le Westin Mont-Royal
China: The Westin Shanghai
Colorado: The Westin Resort, Vail
England: 47 Park Street, a Westin Demeure Hotel
Florida: The Biltmore Hotel, Coral Gables
Florida: The Westin Resort, Key Largo
France: Astor, a Westin Demeure Hotel
France: Baltimore, a Westin Demeure Hotel
France: Castille, a Westin Demeure Hotel
France: Le Parc, a Westin Demeure Hotel
France: Marignan-Elysées, a Westin Demeure Hotel
Japan: The Westin Nagoya Castle
Japan: The Westin Osaka
Mexico: The Westin Soberano Chihuahua
Mexico: Westin San Luis Potosi
Nebraska: The Westin Aquila
The Netherlands: The Grand, a Westin Demeure Hotel
Oklahoma: The Westin Oklahoma City
Puerto Rico: The Westin Rio Mar Beach Resort & County Club
Rhode Island: The Westin Providence
Switzerland: Hotel D’Angleterre, a Westin Demeure Hotel
U.S. Virgin Islands: The Westin Carambola Beach Resort
MANAGEMENT OR ASSET MANAGEMENT AGREEMENTS:
California: The Century Plaza
California: The Westin Bonaventure Hotel
California: W Suites Newark
California: Carmel Sands Lodge
California: Harvest Inn
California: Hotel Pacific
California: Bardessono Inn
California: Ivy Hotel
Colorado: The Westin Westminster
Colorado: The Westin Vail
Florida: The Walt Disney World Swan
Georgia: The Westin Peachtree Plaza
Massachusetts: Charles Street Jail Project
Michigan: The Westin Hotel, Renaissance Center
Missouri: The Westin St. Louis
Oregon: Inn at Otter Crest
Oregon: Residence Inn by Marriott
Pennsylvania: The Westin William Penn
St. Croix: St. Croix Golf Resort & Casino
Washington: Hotel 1000
Washington: Alderbrook Resort
Washington: Willows Lodge
Washington: Rosario Resort & Spa
Washington: Semiahmoo Hotel
Washington: The Sorrento Hotel
Washington: The Woodmark Hotel
Washington: The Stonebrook Suites
Washington: The Freestone Inn
Washington: Residence Inn by Marriott
Washington, D.C.: The Madison Hotel
Canada: Residence Inn by Marriott
PURCHASING, SUPPLIER, OR MARKETING ARRANGEMENTS:
The Texas Open PGA Golf Tournament (Title Sponsor Agreement)
MBNA America Bank (Branded Credit Card Agreement)
Coca Cola Company (Hotel Supply Agreement)
On Command Video (Master Cable and Television Supply Agreement)
Caribiner, Inc. (Hotel Master Audio Visual Supply and Services Agreement)
McDonald’s Monopoly Promotion (Prize Supplier Agreement)
DDB Needham (Advertising Services Agreement)
Foreign Translation Services (Translation Agreement for Employee Motivation Program)
Web Site Development (Negotiated Agreement for Development of Hotel Chain Web Site)
WHR Advertising Association (Formed and Documented Nonprofit Advertising Association)
SUBORDINATION, COMFORT LETTER OR CASH MANAGEMENT AGREEMENTS:
California: The Westin Bonaventure Hotel & Suites [Los Angeles, CA], The Equitable Life Assurance Society of the United States (Agreement and Consent)
Colorado: The Westin Westminster, Bank One, Colorado, N.A. (Consent,
Subordination and Non-Disturbance Agreement; Cash Management and
Security Agreement)
Florida: The Westin Resort, Key Largo, BankOne, Texas, N.A. (Comfort/Letter
Agreement)
Florida: The Walt Disney World Swan Hotel, Midland Loan Service, LP
(Depositary Agreement, Manager’s Consent and Subordination of Management
Agreement and Notification and Acknowledgment of Pledge of Accounts)
Georgia: The Westin Hotel, Atlanta Airport, BankBoston, N.A. (Comfort Letter
Agreement)
New Jersey: The Westin Governor Morris [Morristown, NJ], BankBoston, N.A.
(Comfort Letter Agreement)
Ohio: The Westin Hotel, Columbus, Credit Suisse First Boston Mortgage Capital
LLC (Comfort Letter Agreement)
South Carolina: The Westin Francis Marion [Charleston, SC], Branch Banking and Trust Company of South Carolina (Comfort Letter Agreement)
Texas: The Westin Galleria Hotel/The Westin Oaks Hotel [Houston, TX], CIGNA
Investment Services (Subordination, Non-Disturbance and Attornment
Agreement)
BEVERAGE AND HOSPITALITY-RELATED COMPLIANCE REPRESENTATION:
Managed nationwide beverage license portfolio and liquor licensing for largest national golf management company.
Responded to complaints filed with government agencies and licensing boards.
Assisted restaurant and hotel owners in obtaining and transferring liquor licenses and permits and meeting other regulatory requirements.
Served as general counsel for a chain of pizza restaurants and provided distribution and regulatory compliance advice.
LITIGATION REPRESENTATION:
Defended various of the Cendant brands (Ramada, Howard Johnson, Days Inn, Travelodge) and Choice Hotel brands (Quality Inn, Econo Lodge) in litigation involving claims of wrongful termination, alleged violations of State franchise statutes, breach of the License Agreement, and service mark and trade dress infringement.
Defended major Seattle hotel in investigation by State Attorney General’s Office involving pricing practices.
Defended a national franchisor of dessert outlets regarding overtime pay practices.
Represented restaurant chains in sexual harassment and race and sex discrimination litigation.
Prosecuted actions for service mark and trademark infringement, unfair competition and other actions involving protection of intellectual property.
Defended personal injury actions by hotel guests.
Represented hotels and cruise lines seeking insurance reimbursement for environmental clean-up costs from insurer.
Represented businesses in shareholder buyout disputes and other business valuation matters.
RETAIL HOTEL-RELATED LEASES:
The Westin Harbour Castle:
Avalon Massage Therapy Clinics
Rogers Cantel (Telecommunications Site Lease)
The Westin Maui:
American Express Travel Related Services Company, Inc.
Boutique Soliel
Food Pantry Ltd.
Hankyu Express USA, Inc.
Kaanapali Medical Services, Inc.
Komohana Maui Inc.
Liberty House Inc.
Mooneater Galleries, Inc.
Sailing Shipps Ltd.
The Hertz Corporation
The Westin St. Francis:
The Hertz Corporation
INTELLECTUAL PROPERTY AND E-COMMERCE:
Represented major international hotel chain in curtailing infringement of its trademarks by domain name “cybersquatters.”
Assisted in the clearing of title and transfer of international trademarks and domain name in the purchase of Aston® brands by Cendant Corporation.
WORKOUTS AND BANKRUPTCIES:
Represented Hotel Company in Disclosure, Plan, and Adversary Proceedings in
In re Servico (Miami)
In re Los Angeles Bonaventure Company (Los Angeles)
In re Vail Associates (Vail)
In re Enron
Assisted in restructuring or workouts for hotels located in Vail, Pittsburgh, Kauai, Los Angeles, Chicago, San Francisco, and Seattle.
HOSPITALITY-RELATED EMPLOYMENT AND LABOR REPRESENTATION:
Assisted in devising and implementing a national diversity program for Hilton Hotels Corporation.
Defended a high-profile service business against major claims of sex and disability discrimination, which involved very sensitive accusations regarding the conduct of one manager. The case was successfully resolved through mediation prior to litigation being commenced.
Asked by service industry employer with over 500 employees in three states to participate on its task force charged with conducting a full audit of the company’s pay and other personnel practices. Over a period of several years, extensive and significant changes were made in how the company hired, trained, evaluated, and compensated its employees.
