As the Coronavirus Pandemic continues to impact California businesses, many employers are wondering how best to ensure the wellbeing of their staff. Marta Fernandez, hotel lawyer and partner in JMBMs Labor & Employment department, discusses some of the key issues raised by employers and provides recommendations for complying with new mandates.
Hotel owners, operators and lenders are under stress hotel defaults, layoffs, and shutdowns loom. Prompt action is critical.
Coronavirus issues are likely to affect every business and industry, and the hotel industry is looking at an immediate and out-sized impact. JMBM partner Mark Adams deals with these issues across all industries on an international basis, and he has a deep involvement and understanding of the hospitality industrys unique contracts, issues, customs and practices. In the second of his series of articles regarding the coronavirus, Mark discusses the importance of jurisdiction and contract wording when considering force majeure as a defense.
In this article below, JMBM partner Mark Adams discusses the coronavirus in relation to force majeure provisions in contracts. This legal concept goes back centuries, but has become increasingly relevant as COVID-19 may be advanced by many in the coming days as a defense to breach of contract. This article is one of a series which will discuss the principles of force majeure and the commercial implications of the coronavirus.
Coronavirus continues to be of global concern, and remains an issue the hospitality industry should be tracking, both for economic and legal reasons. Bob Braun discusses whether the virus may trigger a force majeure event for hotel operators and owners, and what that might mean for a propertys performance obligations and other operations.
An interesting 'phenomenon' or pattern is taking place in the realm of ADA cyberaccessibility litigation: copycat website litigation filed against the same hotel by different law firms around the country, alleging the same website ADA violations as the original lawsuit.
In Part 1 of this 3-part series, my partner, Marty Orlick, Chair of JMBM's ADA Compliance and Defense Group, explains how we got from providing parking for disabled guests, to providing websites and mobile apps that can be accessed by potential guests who are blind or sight impaired. Now, in part 2, he writes about a few key court decisions that may affect ADA compliance and litigation, and what they mean to the hospitality industry.
When the Americans with Disabilities Act (ADA) was enacted by Congress in July 1990, the Internet was in its infancy and few, if any, considered its applicability to cyberspace. But in 2006, a California federal judge ruled that the ADA applied not just to brick and mortar establishments, but to websites: National Federation of the Blind v. Target Corp brought the ADA into the digital age. Application of the ADA to mobile apps would follow nearly a decade later.
Hoteliers have causes of concern. Chinese nationals comprise the largest tourist market in the world with 159 million outbound tourists in 2019, accounting for 12.2% of all outbound travelers globally and US $275 billion spent. If you cater to even a small percentage of these tourists, their absence will affect your bottom line.
Over the years, my partner, Marty Orlick, Chair of JMBM's ADA Compliance and Defense Group, has written about service animals used by persons with disabilities, and what hospitality staff needs to know about how to accommodate them. For example, what should the hostess of your restaurant do when a miniature horse enters your establishment with its disabled owner? What kind of animals qualify as service animals, anyway? And what is the owner's responsibility?