William Brewer Writes About the Responsibilities of Hotel Owners and Management Companies for Hotel Business Review
Managing Partner William Brewer wrote an article for Hotel Business Review published on July 26, 2020, titled “History Lesson: Owners and Management Companies Weigh Responsibilities and Risks in Response to COVID-19.”
In part, Brewer writes: “Today, the chain brand hotel companies (e.g., Marriott, Hilton, IHG, etc.) represent 69% of the rooms in supply. They do so through a variety of brands, spread over different price strata, offering different levels of facilities and services to their guests. Although the traveling public may not realize it, the brands rarely own any of the hotels within their 'chain' of distribution. Rather, the owner of the hotel is either a licensee or the principal who has contracted for the asset to be managed by the brand. This was not always so.”
Amidst the coronavirus pandemic, Brewer writes that, "In times of uncertainty, the fiduciary obligations of every hotel operator should take on increased significance. As the pandemic continues to wreak economic havoc globally, and with a possible continued recession around the corner, hotel operators have a legal responsibility to their owners to give immediate attention to particular issues that may arise over the course of the hotel's operation and management. A failure to uphold these duties may result in an owner's loss of trust and confidence in the operator's management, and operators who breach their fiduciary duties will entitle owners to terminate their hotel management agreements with immediate effect."
Brewer is a frequent contributor to Hotel Business Review, and serves as featured “guest author” of the publication. Visit the publication and most recent article here.
William Brewer Writes Commentary on Crisis Management in Texas Lawyer
Partner William A. Brewer III wrote a commentary published in Texas Lawyer titled “Advocacy is Art: Lawyers Must Engage in Issues and Crisis Management” on May 6, 2019. Brewer writes about the need for lawyers to engage in effective advocacy outside of the courtroom in the “court of public opinion.” He writes that “The fusion of legal and communications resources can produce more compelling, effective advocacy—enabling clients to favorably posture themselves, mitigate reputational damage and have a voice in the telling of the stories that define them.”
Brewer writes about how the firm launched an Issues & Crisis Management group in 2001. The group specializes in managing reputational issues for a broad range of clients. Brewer adds that, “Having crisis communications skill sets in-house provides law firms with invaluable expertise, perspective, and insight into the analysis of each client’s circumstances.”
Partner William Brewer Writes about Home-Sharing Services in Hotel Business Review
Partner William Brewer wrote in Hotel Business Review about how home-sharing services are poised for growth, and the subsequent legal issues that homeowners in the business are facing. The Dec. 9, 2018, article is titled “More Than Just Hot ‘Air’: A Legal View of Short-Term Home-Sharing.” The article emphasizes that home-sharing has “sound legal footing” in the hospitality arena.
The article confronts the challenges faced by homeowners as urban and suburban communities attempt to regulate home-sharing activity. Brewer writes that, “These legal issues have brought the need for experienced attorneys, those well-versed in the ever-expanding caselaw and circumstances facing the hospitality industry. As artificial barriers – economic and even non-economic restrictions – are interposed to limit the use of their assets, homeowners will need to coalesce behind advocates able to break them down.”
Consultant Peter J. Schwartz contributed to the article.
Partner Sarah Rogers Speaks at Columbia Law School
Brewer, Attorneys & Counselors Partner Sarah Rogers spoke on Tuesday, Oct. 23, at Columbia Law School on the topic of political violence and the legal landscape governing threats to speech. Ms. Rogers appeared with Harmeet Dhillon, a prominent California attorney.
The event was hosted by the Columbia Law School Federalist Society and featured discussion about the proper scope of constitutional and statutory protection of dissident political speech. Ms. Rogers earned her Juris Doctor degree from Columbia Law School.
Partner William Brewer Writes on Associate Compensation Practices in Law360
Partner William Brewer recently wrote an op-ed about legal industry compensation practices published by Law360. Titled “BigLaw’s Associate Salary Model is a Relic of a Bygone Era,” the commentary states that the traditional model of increasing associate salaries uniformly fails star associates, the firms they work for and, ultimately, the clients they serve.
“The BigLaw formula is broken – a relic of the out-of-touch apprenticeship model of a bygone era,” writes Brewer. “The reality is there should be a direct correlation between base compensation earned and the value an attorney provides to a firm and its clients.”
The article provides insights into the meritocracy system adopted by Brewer, Attorneys & Counselors – a model that rewards employees based on the value of their contributions. The article also discusses the firm’s multi-disciplinary practice, which employs professionals with backgrounds in business, investigations, computer science, and public relations.
William A. Brewer III to Present at HAMA Spring Conference
Firm Partner William Brewer is scheduled to present at the HAMA (Hospitality Asset Managers Association) Spring 2018 conference, scheduled for April 12-13, 2018, in Leesburg, Virginia. Mr. Brewer will be a featured speaker on the topic of Franchise and Management Agreements – scheduled for 11:15 a.m. on Friday, April 13.
His topic will address the following issues: When the market shifts, there are winners and losers. It’s important to know how to realistically protect your investment. What are today’s issues at the negotiation table and how can owners leverage their negotiating power?
Please visit the conference website to register and learn more: http://www.hamagroup.org/. HAMA is considered the "pre-eminent organization of professionals responsible proactively increasing asset values on behalf of hotel owners worldwide."
William Brewer to Speak at 2018 NYU Hospitality Conference
Firm partner William Brewer is scheduled to present at the 2018 NYU International Hospitality Industry Investment Conference, scheduled for June 3 – 5, 2018, at the New York Marriott Marquis hotel in New York City. Mr. Brewer will be a featured panelist on the topic, “Latest from the Front Line: Hot-Button Issues on Franchise and Management Agreements.” The panel discussion will explore the increasingly complex regulatory environment for franchises, and the increasingly competitive landscape for hotel managers. What are today’s big issues when everyone sits at the table to negotiate the contracts? Where can managers and franchisors flex, and how can owners better understand and leverage their negotiating power?
Please visit the conference website to register and learn more: http://www.sps.nyu.edu/academics/departments/tisch/conferences-events/ihii-conference.html
Brewer Attorneys Author Article Published in Hotel Business Review (HBR)
Partner William A. Brewer III and Senior Associate Timothy H. Birnbaum authored an article titled, “Terminating the Hotel Management Agreement in the Mega-Merger Era,” published in the January 2018 issue of Hotel Business Review. Founded in 1996, Hotel Business Review is recognized as a leading industry new resource for owners, managers, investors and other industry principals. The article explores how hotel owners are impacted by the recent wave of large-scale mergers and acquisitions – and the “invisible hand” of brand management companies that often seek to protect their own interests.