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.
Firm Represents Hotel Operator in Lawsuit Against Gansevoort Hotel Group, LLC
Brewer, Attorneys & Counselors announced that it has filed a lawsuit against Gansevoort Hotel Group, LLC (“Gansevoort”) on behalf of its client, the operator of Gansevoort Turks + Caicos, a Wymara Resort (the “Resort”). The lawsuit claims the Resort has been adversely impacted by Gansevoort’s failure to maintain and grow the Gansevoort hotel brand.
Filed in New York Supreme Court on October 26, 2018, by Wymara Ltd. and Wymara Developments Ltd. (together, “Operator”), the suit seeks declaratory relief to safeguard Operator’s significant financial investment in the Resort, as well as monetary damages to compensate it for the losses the Resort has incurred as a result of Gansevoort’s breaches of contract.
“Our client believes Gansevoort Hotel Group failed to meet its obligation to maintain the quality of the brand, leaving our client with significant damages,” says William A. Brewer III, partner at Brewer, Attorneys & Counselors and lead counsel for Operator. “In fact, our client’s resort is now one of only two Gansevoort-branded properties remaining in the world – and there are no plans to grow the brand in the future. Of course, this reality is a far cry from the promises made to our client – that Gansevoort would be a luxury brand.”
The New York Post reported on the lawsuit in an article dated Oct. 30, 2018, titled “Caribbean resort sues to get out of pact with ‘outdated’ Gansevoort Hotel.”
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.