2011 hospitality law conference brochure

E a r n u p t o 1 8 . 0 H o u r s o f C L E + 4 . 0 H r C I C r E d I t s

Greetings from the President & Founder of HospitalityLawyer.com It is my pleasure to invite you to the 2011 Hospitality Law Conference, held in Houston, texas from Wednesday, february 9 through friday, february 11, 2011. this year, to enable us to provide even greater depth to the presentations and conversations, we are expanding the pre-Conference Workshops to a full day on february 9. the pre-Conference Workshops are designed specifically for Hotel & restaurant In-House Counsel; Hospitality real Estate transactions; and Information protection and privacy, including payment Card Industry data security standards. the Hospitality Law Conference begins on february 10, with ex-citing sessions delivered by industry thought leaders, built to bring you up to speed and anticipate future issues to assist you in your performance. We look forward to seeingyou there.

V E r y b E s t r E g a r d s ,s t E p H E n b a r t H

about tHE ConfErEnCEfrom alcohol and food liability to labor and employment, and from the bp oil spill to spas, the latest trends and issues in hospitality law, safety, and security are up for exploration at the 2011 Hospitality Law Conference, february 9-11.

new to the pre-Conference Workshop are “boot camp” ses-sions in the real Estate Workshop, dedicated to attorneys and executives in the development area to fully integrate the economic, financial and legal aspects of the deal. Ex-plore the financial and the legal implications of pro forma statements, hotel agreements, and more. also new to the 2011 conference are sessions dedicated specifically to hotel in-house counsel and to restaurant in-house counsel.

back by popular demand, the “Hospitality Case review” pre-sentation will explore the impact the top 100 cases from 2010 will have on our industry.

this Hospitality Law Conference provides break-out ses-sions in four different topic areas, including food & bever-age, Lodging, Human resources & Labor relations, and Loss prevention and risk Management.

attend the Wine tasting & product showcase and be eligible to win a $1000.00 american Express gift card. the Wine tast-ing offers great wine and great opportunities to learn about the latest compliance solutions. the recipient must be pres-ent to win.

Make plans to stay until the end of the conference to be eli-gible to win a $500.00 american Express gift card. the win-ner’s name will be drawn during stephen barth’s Closing re-marks on friday, february 11. the recipient must be present to win.

the conference is presented in coordination with the gen-eral Counsel Committee of the aH&La, the International bar association, and the Loss prevention Management Institute.

don’t miss the only conference bringing hospitality risk, legal, and loss prevention professionals together.

Champion sponsors

partner sponsors

Media sponsors

sCHEduLE at-a-gLanCE

pre-Conference WorkshopWEdnEsday, fEbruary 9, 20118:15 a.m. - 8:45 a.m. Meet and Mingle Continental breakfast8:45 a.m. - 9 a.m. Welcome9:00 a.m. - 11:00 a.m. Concurrent breakout sessions11:00 a.m. - 12:15 p.m. Luncheon12:30 p.m. - 2:30 p.m. Concurrent breakout sessions2:30 p.m. - 2:45 p.m. Catered break2:45 p.m. - 4:45 p.m. Concurrent breakout sessions4:45 p.m. - 6:00 p.m. Cocktail reception

Hospitality Law ConferencetHursday, fEbruary 10, 20117:15 a.m. registration opens7:15 a.m. - 8:15 a.m. Continental breakfast8:15 a.m. - 8:30 a.m. Welcome stephen barth, HospitalityLawyer.com8:30 a.m. - 9:30 a.m. trademark, Copyright and sweepstakes basics: Legal Considerations for Market ing, branding, and promotions patricia foster, Frost Brown Todd9:30 a.m. - 10:30 a.m. this time We Mean next spring! --- the new ada accessibility standards + additional us department of Justice regulations update for the Hospitality Industry J. aaron McCullough, ADAConsult Services10:30 a.m.- 10:45 a.m. Catered break10:45 a.m. - 12:45 p.m. Concurrent breakout sessions12:45 p.m. - 2:00 p.m. Lunch12:45 p.m. - 2:00 p.m. rEaL Luncheon (Members only)2:00 p.m. - 4:00 p.m. Concurrent breakout sessions4:00 p.m. - 4:15 p.m. Catered break4:15 p.m. - 5:15 p.m. franchise Issues update Kathie Lee, Starwood Hotels & Resorts Worldwide andrew Loewinger, Nixon Peabody5:15 p.m.- 6:15 p.m. the franchise debate Joyce Mazero, Haynes & Boone arthur pressman, Nixon Peabody6:15 p.m. - 7:30 p.m. Wine tasting reception & drawing for $1000 american Express gift Card Sponsored by Haynes & Boone, LLP frIday, fEbruary 11, 20117:45 a.m. - 8:15 a.m. Continental breakfast8:15 a.m. - 9:15 a.m. food & beverage Litigation survey Elizabeth deConti, Gray Robinson9:15 a.m. - 10:15 a.m. Hospitality Case review diana barber, Georgia State University Karen Morris, Monroe Community College10:15 a.m. - 10:30 a.m. Catered break10:30 a.m. - 11:30 a.m. tbd11:30 a.m. - 12:30 p.m. you Can’t take It back: Is your Company prepared for Employees using social Media? fran griesing, Griesing Law 12:30 p.m. - 12:45 p.m. Closing remarks & drawing for $500 american Express gift Card stephen barth, Attorney, Professor, Founder of HospitalityLawyer.com12:45 p.m. - 2:45 p.m. Hospitality Industry bar association Luncheon & Meeting (Members only)

WEdnEsday, fEbruary 9, 2011

Information protection and privacy, including payment Card Industry data security standards, Work-shop

Hosted by:

8:45 a.m. - 9:00 a.m. Welcome9:00 a.m. - 10:00 a.m. Electronic payments update: new Laws and regulations and their Implications for the Hospitality Industry steve Cannon, Constantine Cannon10:00 a.m. - 11:00 a.m. the Massachusetts privacy Law: one year after the Effective date – Is it a Lion or a Lamb? scott brown, Skadden Arps11:00 a.m. - 12:15 p.m. Luncheon12:30 p.m. - 1:30 p.m. data privacy Essentials: Leading practices to avoid a breach Eric Harris, Stroz Friedberg1:30 p.m. - 2:30 p.m. Level 4 Merchants: Charting a Course for pCI Compliance without going broke2:30 p.m. - 2:45 p.m. Catered Break2:45 p.m. - 3:45 p.m. third party service providers – do you Know Where your risks are? tracy pulito, Starwood Hotels & Resorts Worldwide3:45 p.m. - 4:45 p.m. pCI dss Version 2.0 - What’s new? robert russo, PCI Security Standards Council4:45 p.m. - 6:00 p.m. Cocktail reception

Hospitality real Estate transactions WorkshopHosted by:

8:45 a.m. - 9:00 a.m. Welcome9:00 a.m. - 10:00 a.m. understanding Hotel Investment and Valuation Methodologies and pro formas/analysis rick pastarino, REVPAR International rachel roginsky, Pinnacle Advisory Group10:00 a.m. - 11:00 a.m. Key business terms/Concepts in Major Hotel agreements Michele russo, Hotel Asset Value Enhancement brian tress, Ernst & Young11:00 a.m. - 12:15 p.m. Luncheon12:30 p.m. - 1:30 p.m. understanding a Hotel financial statement John Merkin, JKM Advisory Services1:30 p.m. - 2:30 p.m. Mastering Key operations reports and Metrics rick pastarino, REVPAR International2:30 p.m. - 2:45 p.m. Catered Break2:45 p.m. - 3:45 p.m. Hotel transactions in the new Economy John Keeling, Valencia Group3:45 p.m. - 4:45 p.m. restructuring debt and Equity in a Challenging Climate brent Cohen, Jones Day timi Hallem, Manatt Phelps & Phillips4:45 p.m. - 6:00 p.m. Cocktail reception

Pre-Conference Workshop


Information protection and privacy, including payment Card Industry data security standards, Work-shop

Hosted by:

8:45 a.m. - 9:00 a.m. Welcome9:00 a.m. - 10:00 a.m. Electronic payments update: new Laws and regulations and their Implications for the Hospitality Industry steve Cannon, Constantine Cannon10:00 a.m. - 11:00 a.m. the Massachusetts privacy Law: one year after the Effective date – Is it a Lion or a Lamb? scott brown, Skadden Arps11:00 a.m. - 12:15 p.m. Luncheon12:30 p.m. - 1:30 p.m. data privacy Essentials: Leading practices to avoid a breach Eric Harris, Stroz Friedberg1:30 p.m. - 2:30 p.m. Level 4 Merchants: Charting a Course for pCI Compliance without going broke2:30 p.m. - 2:45 p.m. Catered Break2:45 p.m. - 3:45 p.m. third party service providers – do you Know Where your risks are? tracy pulito, Starwood Hotels & Resorts Worldwide3:45 p.m. - 4:45 p.m. pCI dss Version 2.0 - What’s new? robert russo, PCI Security Standards Council4:45 p.m. - 6:00 p.m. Cocktail reception

Hospitality real Estate transactions WorkshopHosted by:

8:45 a.m. - 9:00 a.m. Welcome9:00 a.m. - 10:00 a.m. understanding Hotel Investment and Valuation Methodologies and pro formas/analysis rick pastarino, REVPAR International rachel roginsky, Pinnacle Advisory Group10:00 a.m. - 11:00 a.m. Key business terms/Concepts in Major Hotel agreements Michele russo, Hotel Asset Value Enhancement brian tress, Ernst & Young11:00 a.m. - 12:15 p.m. Luncheon12:30 p.m. - 1:30 p.m. understanding a Hotel financial statement John Merkin, JKM Advisory Services1:30 p.m. - 2:30 p.m. Mastering Key operations reports and Metrics rick pastarino, REVPAR International2:30 p.m. - 2:45 p.m. Catered Break2:45 p.m. - 3:45 p.m. Hotel transactions in the new Economy John Keeling, Valencia Group3:45 p.m. - 4:45 p.m. restructuring debt and Equity in a Challenging Climate brent Cohen, Jones Day timi Hallem, Manatt Phelps & Phillips4:45 p.m. - 6:00 p.m. Cocktail reception


Hotel & restaurant In-House Counsel WorkshopHosted by: banks brown, McDermott Will & Emery and scott Vinson, National Council of Chain Restaurants

8:45 a.m. - 9:00 a.m. Welcome9:00 a.m. - 10:00 a.m. the Evolution of a union Campaign stephen roppolo, Fisher & Phillips10:00 a.m. - 11:00 a.m. franchisors Liability for acts of franchisee James Eiler, Kaiser, Sindells & Eiler11:00 a.m. - 12:15 p.m. Luncheon11:00 a.m. - 12:15 p.m. rEaL Luncheon (members only)12:30 p.m. - 3:45 p.m. In-house counsel break to separate restaurant and hotel in-house counsel workshops3:45 p.m. - 4:45 p.m. In-House Counsel best practices & Common Issues stephen barth, Attorney, Professor, Founder of HospitalityLawyer.com

Hotel In-House Counsel WorkshopHosted by: banks brown, McDermott Will & Emery

12:30 p.m. - 1:30 p.m. tbd1:30 p.m. - 2:30 p.m. tbd2:30 p.m. - 2:45 p.m. Catered Break2:45 p.m. - 3:45 p.m. tbd

reconvene

restaurant In-House Counsel WorkshopHosted by: scott Vinson, National Council of Chain Restaurants

12:30 p.m. - 1:30 p.m. anatomy of an ICE audit & Inspection diego Hunt, Holland and Hart1:30 p.m. - 2:30 p.m. tipped Employees: avoiding the Landmines in paying tipped Credit tipped Employ- ees: avoiding the Landmines in paying tipped Credit William anthony, Jackson Lewis LLP2:30 p.m. - 2:45 p.m. Catered Break2:45 p.m. - 3:45 p.m. What’s going on In Washington? scott Vinson, National Council of Chain Restaurants

reconvene

Pre-Conference Workshop Pre-Conference Workshop

2009 Wine Tasting Reception & Product Showcase

2009 Hospitality Law Conference Wine Tasting

tHursday, fEbruary 10, 2011

food & beverage breakout Hosted by:

10:45 a.m. - 11:45 a.m. from Mars and Venus? Communicating With Investors regarding Liquor Licensing Issues rJ o’Hara, Flaherty & O’Hara stan Wolowski, Flaherty & O’Hara11:45 a.m. - 12:45 p.m. no two twinkies are alike -- understanding the reasonable basis requirement of federal Menu

Labeling trent norris, Arnold & Porter12:45 p.m. - 2:00 p.m. Lunch2:00 p.m. - 3:00 p.m. ripped from the Headlines: avoiding Liability and negative publicity by taking Lessons from actual

news stories Elizabeth deConti, Gray Robinson david denney, Law Offices of David Denney Christian stegmaier, Collins & Lacy3:00 p.m. - 4:00 p.m. tbd

Lodging breakout Hosted by:

10:45 a.m. - 11:45 a.m. understanding and negotiating sales agreements gregory duff, Cairncross & Hempelmann11:45 a.m. - 12:45 p.m. Joint Ventures in the Lodging and Hospitality Industry: the abCs of JVs James Crolle, Eckert Seamans Cherin & Mellott12:45 p.m. - 2:00 p.m. Lunch2:00 p.m. - 3:00 p.m. distinguishing Market sales and financing transactions from Market Value for property tax purpos-

es Mark Hutcheson, Popp, Gray & Hutcheson3:00 p.m. - 4:00 p.m. the stressful side of spas: spa Claims, operational Considerations, Compliance dana Kravetz, Michelman & Robinson david samuels, Michelman & Robinson

Human resources and Labor relations breakout Hosted by:

10:45 a.m. - 11:45 a.m. Workplace Investigations alia Wynne, Fisher and Phillips11:45 a.m. - 12:45 p.m. taking the road Less traveled: recent Court decisions, Wage and Hour and arbitration bruno Katz, Wilson Elser Moskowitz Edelman & Dicker12:45 p.m. - 2:00 p.m. Lunch2:00 p.m. - 3:00 p.m. Hospitality Immigration Compliance: Making sure you aren’t stuck between a rock and a Hard

place neena dutta, McElroy ,Deutsch, Mulvaney, & Carpenter, LLP3:00 p.m. - 4:00 p.m. free agents: benefits & perils of seasonal & Contingent Labor steven gutierrez, Holland and Hart Mark Wiletsky, Holland and Hart

Loss prevention and risk Management breakout Hosted by: timothy draney, BMS CAT and Jim stover, Arthur J. Gallagher

10:45 a.m. - 11:45 a.m. Insurance Litigation update 2010 Chip Merlin, Merlin Law Group david Wood, Anderson Kill Wood & Bender11:45 a.m. - 12:45 p.m. Managing risk in pools, spas, and Workout facilities Maria bella, Robson Forensic12:45 p.m. - 2:00 p.m. Lunch2:00 p.m. - 3:00 p.m. Insurance for business Interruption Losses due to damage away from the Insured premises - Les-

sons from 9/11 and Katrina, and Coverage for the Icelandic Volcanic Eruptions and the gulf oil spill Marshall gilinsky, Anderson Kill & Olick robert glasser, BDO Consulting3:00 p.m. - 4:00 p.m. Large or Complex property Claims resolution Wes brandt, Arthur J. Gallagher

Hospitality Law Conference Breakouts (continued)

tHursday, fEbruary 10, 2011

food & beverage breakout Hosted by:

10:45 a.m. - 11:45 a.m. from Mars and Venus? Communicating With Investors regarding Liquor Licensing Issues rJ o’Hara, Flaherty & O’Hara stan Wolowski, Flaherty & O’Hara11:45 a.m. - 12:45 p.m. no two twinkies are alike -- understanding the reasonable basis requirement of federal Menu

Labeling trent norris, Arnold & Porter12:45 p.m. - 2:00 p.m. Lunch2:00 p.m. - 3:00 p.m. ripped from the Headlines: avoiding Liability and negative publicity by taking Lessons from actual

news stories Elizabeth deConti, Gray Robinson david denney, Law Offices of David Denney Christian stegmaier, Collins & Lacy3:00 p.m. - 4:00 p.m. tbd

Lodging breakout Hosted by:

10:45 a.m. - 11:45 a.m. understanding and negotiating sales agreements gregory duff, Cairncross & Hempelmann11:45 a.m. - 12:45 p.m. Joint Ventures in the Lodging and Hospitality Industry: the abCs of JVs James Crolle, Eckert Seamans Cherin & Mellott12:45 p.m. - 2:00 p.m. Lunch2:00 p.m. - 3:00 p.m. distinguishing Market sales and financing transactions from Market Value for property tax purpos-

es Mark Hutcheson, Popp, Gray & Hutcheson3:00 p.m. - 4:00 p.m. the stressful side of spas: spa Claims, operational Considerations, Compliance dana Kravetz, Michelman & Robinson david samuels, Michelman & Robinson

Human resources and Labor relations breakout Hosted by:

10:45 a.m. - 11:45 a.m. Workplace Investigations alia Wynne, Fisher and Phillips11:45 a.m. - 12:45 p.m. taking the road Less traveled: recent Court decisions, Wage and Hour and arbitration bruno Katz, Wilson Elser Moskowitz Edelman & Dicker12:45 p.m. - 2:00 p.m. Lunch2:00 p.m. - 3:00 p.m. Hospitality Immigration Compliance: Making sure you aren’t stuck between a rock and a Hard

place neena dutta, McElroy ,Deutsch, Mulvaney, & Carpenter, LLP3:00 p.m. - 4:00 p.m. free agents: benefits & perils of seasonal & Contingent Labor steven gutierrez, Holland and Hart Mark Wiletsky, Holland and Hart

Loss prevention and risk Management breakout Hosted by: timothy draney, BMS CAT and Jim stover, Arthur J. Gallagher

10:45 a.m. - 11:45 a.m. Insurance Litigation update 2010 Chip Merlin, Merlin Law Group david Wood, Anderson Kill Wood & Bender11:45 a.m. - 12:45 p.m. Managing risk in pools, spas, and Workout facilities Maria bella, Robson Forensic12:45 p.m. - 2:00 p.m. Lunch2:00 p.m. - 3:00 p.m. Insurance for business Interruption Losses due to damage away from the Insured premises - Les-

sons from 9/11 and Katrina, and Coverage for the Icelandic Volcanic Eruptions and the gulf oil spill Marshall gilinsky, Anderson Kill & Olick robert glasser, BDO Consulting3:00 p.m. - 4:00 p.m. Large or Complex property Claims resolution Wes brandt, Arthur J. Gallagher

Registration FeesPre-Conference Workshop (February 9, 2011)Includes Pre-Conference Workshop notebook complete with Workshop presentations, Luncheon, Catered Break, & cock-tail reception.• Association/Educator: $299• Early Registration (by January 10, 2011): $399• Regular Registration (after January 10, 2011): $499

Hospitality Law Conference (February 10-11, 2011)Includes Hospitality Law Conference notebook complete with Conference presentations, Continental Breakfasts, Catered Breaks, Awards Luncheon, & Wine Tasting.• Association/Educator: $499• Early Registration (by January 10, 2011): $599• Regular Registration (after January 10, 2011): $699

Comprehensive Package (February 9-11, 2011)Includes Pre-Conference Workshop plus Hospitality Law Con-ference and notebooks complete with presentations, Conti-nental Breakfast, Catered Breaks, Awards Luncheon, Cocktail Reception, & Wine Tasting.• Association/Educator: $699• Early Registration (by January 11, 2010): $799• Regular Registration (after January 11, 2010): $999

Continuing EducationMCLE & HRCIMCLE accreditation for up to 18.0 hours (including 1 hour of ethics) is available. Please visit www.hospitalitylawyer.com/Announcements/HLC2011_CLE.html for more information.

Please be aware that each state has its own rules and regulations, including its definition of “CLE”. Please call (713) 963-8800 for questions pertaining to the number of credit hours granted by each state two to three weeks prior to the program.

We have applied for recertification credit hours toward PHR, SPHR and GPHR recertification through the HR Certification Institute. For more information about certification or recertifi-cation, please visit the HRCI homepage at www.hrci.org.

If you need a Certificate of Attendance, please request one at conference check-in.

Conference & ExhibitionsOmni Houston HotelFour Riverway (713) 871-8181

Conference and exhibitions will be held in the Omni Houston Hotel.

Hotel Accommodations & TravelOmni Houston HotelFour Riverway For reservations, please call 1-800-THE-OMNI.

The Omni Houston Hotel is centrally located in the prestigious Uptown Post Oak/Galleria area and is just minutes from all of the excitement that Houston, Texas has to offer. The Omni Hotel is just 10 minutes by car from the central business dis-trict and 30 minutes from George Bush Intercontinental Air-port or 25 minutes from William P. Hobby Airport.

Daily Room Rate: $185 single / $185 double occupancyCutoff Date: Monday, January 24, 2011

The hotel will release all unused rooms on the CUTOFF DATE set out above. You must make your reservations before this date in order to get the conference rate. When contact-ing the hotel for reservations, please identify yourself as a participant with the Hospitality Law Conference in order to obtain a room from the reserved block. Please do not send payment for accommodations to HospitalityLawyer.com

Air Travel

A discounted and/or zoned fare for air travel has been ar-ranged through Continental Airlines. Continental Airlines of-fers discounts off published fares of 2% to 10% or Zone fares. Call your travel professional or Continental Meeting-Works at 800-468-7022 for reservations. Refer to Z Code ZJFS and Agreement Code: 686699. Or, save an additional 3% off by booking your own reservations at www.continen-tal.com. Choose your flight times and access your meeting discounts by inserting ZJFS686699 in the Offer Code box.

Ground Transportation

Town Car ServiceElite Limousine and Town Car281-955-5450

TaxiFrom Bush Intercontinental Airport: $45From Hobby Airport: $22

Registration, Travel, and Continuing Education

1. Contact Information (please print)Name: Nickname for Nametag:

Firm/Company Name: Title:

Address:

City, State and Zip Email:

Phone: Fax:

p Check here if you have any special needs (including food allergies) so we may arrange to accommodate you or call us at (713) 963-8800.

May we disclose your contact information in the attendee list (name, company, title, address, phone, and email only)p Yes, with email address p Yes, without email address p No

5. Payment Information MasterCard Visa American Express Check enclosed payable to HospitalityLawyer.com

Card #:

Exp. Date:CV2 No. (On Visa and Mastercard it is the 3-digit number located on the back of the card. On American Express, it is the 4-digit number printed on the front):

Name on Card:

Check Payments: Please send checks to: HospitalityLawyer.com, P.O. Box 22888, Houston, TX 77227. Please fax registrations to 713-627-9934.

Register online at http://www.regonline.com/2011HospitalityLawConference

Earn CLE & HRCI Credit

Questions? Please contact HospitalityLawyer.com at 713-963-8800 or email [email protected].

registration form

Pre-Conference Workshop Wednesday, Feb. 9, 2011

Association/Educator $299

Early Registration (By 1/10/2011) $399

Regular Registration (After 1/10/2011) $499

Hospitality Law ConferenceThursday, Feb. 10 - Friday, Feb. 11, 2011




Comprehensive PackagePre-Conference Workshop plus Hospitality Law Conference




2. Registration To qualify for Association rates, you must enter the association name & member number.To qualify for Educator rates, you must be a student or educator at an educational institution.

Pre-Conference Workshop (Please indicate which workshop you plan to attend. You may choose more than one.)Information Protection and Privacy, including Pay-ment Card Industry Data Security Standards

Hospitality Real Estate Transactions Hotel & Restaurant In-House Counsel

Will you be attending the Luncheon on Wednesday, February 9? Yes No

Will you be attending the Cocktail Reception on Wednesday evening, February 9? Yes No

Will you be attending the Awards Luncheon on Thursday, February 10? Yes No

Will you be attending the Wine Tasting on Thursday evening, February 10? Yes No

Cancellation & Refund AssistanceDue to our conference venue commitments, conference registrations are non-refundable. Substitutions are always welcome (please contact us with the substitute’s name so we can have their materials ready). Alternately, the conference registration amount may be applied as a credit for any HospitalityLawyer.com conference within 12 months of the date of the conference for which the attendee originally registered.

3. Please confirm your attendance at the following events:

4. USB DriveEach registration includes a 3-inch Conference Summary Notebook and USB Drive with papers and PowerPoints. Do you only want a USB Drive? Yes No

2011 hospitality law conference brochure

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