After over a year of uncertainty and economic upheaval, the hospitality industry is quickly beginning to recover from the effects of the coronavirus. As hotels welcome an increased number of visitors, many owners are considering how to improve the management of their properties. One of the best ways to do this is to have a good management agreement in place. In this article, my colleague Bob Braun suggests some key things to keep in mind when drafting a new agreement.
The recent ruling in Google v. Oracle has altered the definition of 'fair use' when it comes to functional works such as code. While the use of existing creative works must still be transformative in order to avoid violating copyright laws, it will now be much easier to claim fair use when building on existing functional creations. JMBMs Entertainment Litigation Chair Jeff Goldman explains the case below and discusses its potential impact on the hotel industry.
The Treasury Departments Financial Crimes Enforcement Network (FinCEN) is currently accepting public comments on a provision in the recently enacted Corporate Transparency Act (CTA) which requires some privately-held business entities to disclose ownership information directly to a law enforcement agency. Interested parties should consider commenting before the May 5th deadline, and companies who may be impacted should take this opportunity to review their anti-money laundering compliance programs.
California has seen an explosion of ADA cases in the past few years, leading the state to impose strict pleading standards and high filing fees for serial litigants. Litigants have previously found their way around this by filing in federal court, but the courts have made it clear that they will decline supplemental jurisdiction in these instances. Martin Orlick, Chair of JMBMs ADA Compliance & Defense Group, explains.
There has been an uptick in lawsuits filed against hotels alleging a failure to list accessible features on their website as required by the ADA. While many of these cases have been successfully defended in federal courts, new filings continue to surge and many plaintiffs are turning to state courts which have different requirements for dismissal.
We have a new PPP Loan authorization bill out of Washington, after months of political wrangling. Congress could have done more, but they did provide for up to $2,000,000 in additional forgivable loans per borrower, along with provisions which specifically cater to the hospitality industry. As Jay Thompson and other members of our Corporate team write below, Congress has made obtaining a PPP loan and getting forgiveness for that loan easier.
As websites become a larger consideration for hotel owners hoping to avoid ADA lawsuits, courts have repeatedly dismissed claims by 'testers' who visit hotel websites without any clear intention of visiting the hotel itself. A judge in the US District for the District of Maryland has ruled a third time that a serial tester does not have standing to sue.
My partner Travis Gemoets regularly advises the hospitality industry on a wide range of labor and employment legal issues. He has decades of expertise negotiating with labor unions, guiding businesses on closings, reopenings, and dealing with regulatory issues, and defending class actions. Below is his latest update on the important issue of mandatory vaccination.
Martin Orlick, Chair of JMBMs ADA Compliance & Defense Group, has written an article giving some context to this decision and outlining what animals will be allowed to join passengers on commercial flights. Hotel owners should be aware that while this rule change only applies to airlines, they do not have to permit emotional support animals on their property.
Most of the receiverships in the United States are state court receiverships. But lenders seeking the relief and protection of receiverships are giving new consideration to filing in federal court. Our partner Nick De Lancie took the lead in putting together this summary of some key factors in making this choice today.