hospitalitylawyer.com | 2014 hospitality law conference brochure
DESCRIPTION
From development deals to management agreements, from food and beverage liability to labor and employment, and from claims management to anti-trust issues, the latest cases, trends and issues in hospitality law, risk, safety, and security are up for exploration at the 12th Annual Hospitality Law Conference, February 10-12, 2014. The Pre-Conference Workshops, including the Owner & Management Summit & Hospitality Insurance and Loss Prevention Summit on February 10 offers a full day of sessions on hotel and restaurant development, management agreements, risk management, legal compliance and loss prevention, and issues affecting hotel and restaurant corporate counsel. The Hospitality Law Conference from February 11-12 includes general sessions on franchising and the always-popular hospitality litigation reviews. Also featured are break-out sessions in three different topic areas: Food & Beverage, Lodging, and Human Resources & Labor Relations. For more information, please visit http://www.hospitalitylawconference.comTRANSCRIPT
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IN COORDINATION WITH:
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Supporting Law Firms and their Clients for over 25 Years
Expert Witness and Litigation Support Vast experience assisting attorneys with hotel industry information, practices and analysis to support litigation involving hotels. That litigation experience includes operations, contracts, marketing, financial structure, mortgages and financial analysis among others. We have staff who are experienced in both courtroom and administrative hearings.
Hotel Performance Analysis and Acquisition Due DiligenceTo improve performance or alert you to potential issues when purchasing
On-site property visits to review revenue opportunities and expense controlsOur goal is to maximize the hotel’s income and value
Turn Around Consulting and Asset ManagementWorkout strategy development
Repositioning, brand search, selection and contract negotiation
Business plan formulation
Capital investment analysis and monitoring
Loan and Property Portfolio ConsultingPortfolio valuation monitoring and note purchase due diligence
Risk Evaluation and financial modeling
On-property and in-market due diligence
Court Appointed Receivership ManagementManaged over 45 hotels of all types and sizes, including resorts and boutique/lifestyle hotels in REO or receivership for lenders, servicers, and insurance companies.
Our Clients Have Access to All of HVS We can provide you with one contact point for coordination of multiple services from other divisions of HVS in our 35 global offices such as appraisal/valuation, capital markets for new equity and brokerage services, design, renovation, repositioning coordination, and executive recruitment.
We have extensive experience providing services to hospitality owners, lenders, servicers, investors and law firms
Jeff Crowley | +1 305-582-8928 | [email protected] Kirby Payne | +1 401-625-5016 | [email protected]
HVSHotelManagement.com | HVSAssetManagement.comSuperior results through unrivaled hospitality intelligence. Everywhere.
See our
Expert Witness
Experience on reverse
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#HLC14 - www.hospitalitylawconference.com - 2014 Hospitality Law Conference
T O DO:SAVE THE DAT E: OC T OBER 13-14, 2014
GLOBAL C ONGRESS ON
TRAVEL RISK MANAGEMENT
MORE INF O & T O REG IST ER:
GLOBALC ONGRESSONTRAVEL.C OM
TABLE OFCONTENTS
2014 HLC SCHEDULE
EXHIBITOR SPOTLIGHT
MEET OUR HOSTS2014 HLC AGENDAMONDAY SESSION DESCRIPTIONSTUESDAY SESSION DESCRIPTIONSWEDNESDAY SESSION DESCRIPTIONSACCESS THE HLC APPOUR ALLIANCES
59
10121820222526
Supporting Law Firms and their Clients for over 25 Years
Expert Witness and Litigation Support Vast experience assisting attorneys with hotel industry information, practices and analysis to support litigation involving hotels. That litigation experience includes operations, contracts, marketing, financial structure, mortgages and financial analysis among others. We have staff who are experienced in both courtroom and administrative hearings.
Hotel Performance Analysis and Acquisition Due DiligenceTo improve performance or alert you to potential issues when purchasing
On-site property visits to review revenue opportunities and expense controlsOur goal is to maximize the hotel’s income and value
Turn Around Consulting and Asset ManagementWorkout strategy development
Repositioning, brand search, selection and contract negotiation
Business plan formulation
Capital investment analysis and monitoring
Loan and Property Portfolio ConsultingPortfolio valuation monitoring and note purchase due diligence
Risk Evaluation and financial modeling
On-property and in-market due diligence
Court Appointed Receivership ManagementManaged over 45 hotels of all types and sizes, including resorts and boutique/lifestyle hotels in REO or receivership for lenders, servicers, and insurance companies.
Our Clients Have Access to All of HVS We can provide you with one contact point for coordination of multiple services from other divisions of HVS in our 35 global offices such as appraisal/valuation, capital markets for new equity and brokerage services, design, renovation, repositioning coordination, and executive recruitment.
We have extensive experience providing services to hospitality owners, lenders, servicers, investors and law firms
Jeff Crowley | +1 305-582-8928 | [email protected] Kirby Payne | +1 401-625-5016 | [email protected]
HVSHotelManagement.com | HVSAssetManagement.comSuperior results through unrivaled hospitality intelligence. Everywhere.
See our
Expert Witness
Experience on reverse
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#HLC14 - www.hospitalitylawconference.com - 2014 Hospitality Law Conference
Greetings from the President and Founder of HospitalityLawyer.com
It is my pleasure to invite you to the 12th Annual Hospitality Law Conference, including the Second Owner-Management Summit, held in Houston, Texas from Monday, February 10 to Wednesday, February 12. Since its inception, the conference has dramatically expanded in scope, uniting hundreds of industry executives and other thought leaders to break down silos and create cross-functional dialogues on the most pressing issues in the hospitality field. These exciting sessions are crafted to bring you up to speed and anticipate future issues to assist you in your
performance. Our goal has always been to provide the industry with quality education on legal, safety, and security issues. We look forward to seeing you there.
Very best regards,
Stephen BarthStephen C. Barth, President and Founder of HospitalityLawyer.comHouston, TX, United [email protected]
About the ConferenceFrom development deals to management agreements, from food and beverage liability to labor and employment, and from claims management to anti-trust issues, the latest cases, trends and issues in hospitality law, risk, safety, and security are up for exploration at the 12th Annual Hospitality Law Conference, February 10-12, 2014.
The Owner-Management Summit focuses on hotel development, management agreements, and the financial aspects of owning and operating a hotel; lawyers will learn the financial aspect of a development deal, and finance executives will learn about the legal aspect.
The Hospitality Insurance and Loss Prevention Summit includes the following topics: Top 10 ADA Issues at Hotels, Restaurants, and Spas, Latest Hospitality Guest and Employee Claim Trends and Solutions for Dealing With Them, and Business Continuity – How to Plan for Surviving any Traumatic Event.
Our sessions reserved for restaurant and hotel corporate counsel only, enable deeper discussions among industry thought-leaders concerning common challenges and solutions.
The Hospitality Law Conference from February 11-12 includes general sessions on franchising and the always-popular hospitality litigation reviews. Also featured are break-out sessions in three different topic areas: Food & Beverage, Lodging, and Human Resources & Labor Relations.
Who Should Attend
Legal Corporate CounselPrivate Attorneys
Government AttorneysCompliance Officers
Hospitality Law FacultyLaw Students
OperationsRisk Managers
Security PersonnelLoss Prevention Personnel
HSE ProfessionalsIT Professionals
HR ProfessionalsFranchise Service Directors
Food and Beverage ExecutivesInsurance Companies & Brokers
Claims Managers
Finance - AccountingCFOs
AccountantsControllers
Comptrollers
Development Developers
LendersAsset Managers
OwnersBrokers
Receivers
H LPlease join us for this convergence of hospitality industryexpertise for intensive education and exceptional
networking.
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#HLC14 - www.hospitalitylawconference.com - 2014 Hospitality Law Conference
Schedule At A GlanceTuesday, February 11, 2014Monday, February 10, 2014
Pre-Conference Workshops including: Owner-Management Summit and Hospitality Insurance & Loss Prevention Summit
8:00 AM Registration Desk Opens8:00 AM – 8:45 AM Meet and Mingle Continental Breakfast8:45 AM – 9:00 AM Welcome9:00 AM – 12:00 PM Breakout Sessions:
1. Owner-Management Summit• Hotel Development &
Finance• Management Agreements
2. Restaurant & Hotel Corporate Counsel Only Workshop
3. Hospitality Insurance & Loss Prevention Summit
12:00 PM – 1:30 PM Luncheon1:30 PM – 2:30 PM Breakout Sessions 2:30 PM – 3:00 PM Catered Break3:00 PM – 5:00 PM Breakout Sessions5:00 PM – 6:15 PM Wine Reception & Drawing for a $500 American Express Gift Card
7:15 AM Registration Desk Opens7:15 AM – 8:00 AM Meet and Mingle Continental Breakfast8:00 AM – 10:00 AM General Sessions10:00 AM – 10:15 AM Catered Break10:15 AM – 12:15 PM Breakout Sessions:
• Food & Beverage Track• Lodging Track• Human Resources & Labor
Relations Track12:15 PM – 1:45 PM Awards Luncheon and Presentation1:45 PM – 3:45 PM Breakout Sessions Continue3:45 PM – 4:00 PM Catered Break4:00 PM – 5:00 PM General Session5:00 PM – 6:15 PM Cocktail Reception & Drawing for an iPad
Wednesday, February 12, 20148:15 AM – 10:15 AM General Sessions10:15 AM – 10:30 AM Catered Break10:30 AM – 12:30 AM General Sessions12:30 PM – 12:45 AM Closing Remarks & Drawing for $500 American Express Gift Card
You don’t have to wait until the 2014 Hospitality Law Conference and Owner-Management Summit to start networking. We encourage everyone to participate in our market-leading social media conversation. Take advantage of the opportunity to stay abreast of all the latest industry news and happenings while engaging in ongoing social dialogue with industry professionals and thought leaders. Get connected today by joining the conversation in the following ways:
@Hospitality_Law Follow us on Twitter to receive the latest general industry news and updates. Don’t forget to tag conference-related tweets with #HLC14. Follow us on our new Owner-Management group to get in the conversation with hotel developers, owners, and management groups. Don’t forget to tag conference- related tweets with #OMS14. Hospitality Lawyer Like us on Facebook to receive conference updates and the latest industry news at http://facebook.com/HospitalityLawyer Hospitality Legal, Risk, Join the discussion on LinkedIn with industry leaders and peers on current hot topics atSafety & Security http://www.linkedin.com/groups/Hospitality-Legal-Risk-Safety-Security-922967/about and http://www. linkedin.com/groups/Hotel-Owner-Management-Coalition-3796202?trk=myg_ugrp_ovr
HospitalityLaw See pictures from last year’s HLC on Pinterest: http://pinterest.com/hospitalitylaw
HospitalityLawyer Watch video from last year’s HLC on YouTube: http://www.youtube.com/hospitalitylawyer
Social Networking
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#HLC14 - www.hospitalitylawconference.com - 2014 Hospitality Law Conference
HOSPITALITYINSURANCE & LOSS PREVENTION
Education Partners
For more information visitHospitalityLawConference.com
P E T R A R I S K S O L U T I O N SPresents
For the first time, leaders in hospitality insurance & loss prevention meet to present information, strategies and industry best practices for the complex task of protecting hospitality assets. Hoteliers and owner/management companies will be shown ways to reduce risk exposures and how to manage exposures once they occur. Join us at the frontier of hospitality education & innovation.
Hosted By
PETRA & Liberty Mutual Insurance
T H E I N A U G U R A L
February 10th, 2014Omni Hotel, Houston Texas
Co-Located with the Hospitality Law Conference
A Hospitality Insurance Update: What’s the Right Price for the Wrong Coverage?
Hotel Group Pays $365,000 to Settle a Harassment Lawsuit – Are You Covered?
Top 10 ADA Issues at Hotels, Restaurants and Spas
The Latest Hospitality Guest and Employee Claim Trends and Solutions for Dealing with Them
Lessons from Losses
Business Continuity – How to Plan for Surviving any Traumatic Event
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#HLC14 - www.hospitalitylawconference.com - 2014 Hospitality Law Conference
The things employees say when you’re not around can cause legal troubles for you. Fisher & Phillips provides practical solutions to workplace legal problems. This includes helping you find and fix these kinds of employee issues before they make their way from the water cooler to the courthouse.
What you don’t hear can still hurt you.
JUST PUT IT ON THE COMPANY
CARD…NOBODY WILL NOTICE.
YOU’RE REALLY SHOWING OFF YOUR BEST ASSETS TODAY.
I NEVER WEAR THE SAFETY GOGGLES. THEY LEAVE A MARK.
THEY’RE WORRIED ABOUT OVERTIME. I’M JUST WORKING
OFF THE CLOCK.
866.424.2168 • www.laborlawyers.com • [email protected]
ATLANTA CLEVELAND FORT LAUDERDALE LAS VEGAS NEW JERSEY PHOENIX SAN FRANCISCO BALTIMORE COLUMBIA GULFPORT LOS ANGELES NEW ORLEANS PORTLAND TAMPA BOSTON COLUMBUS HOUSTON LOUISVILLE ORLANDO SAN ANTONIO WASHINGTON, D.C. CHARLOTTE DALLAS IRVINE MEMPHIS PHILADELPHIA SAN DIEGO CHICAGO DENVER KANSAS CITY NEW ENGLAND
158-FISH HospLawConf 8.5x11.indd 1 10/22/13 4:51 PM
Management AgreementsKirby Payne, HVS Hotel Management
Hospitality Insurance & Loss Prevention SummitTodd Seiders, Petra Risk Solutions
Human Resources & Labor Relations TrackDana Kravetz, Michelman & Robinson, LLP
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The things employees say when you’re not around can cause legal troubles for you. Fisher & Phillips provides practical solutions to workplace legal problems. This includes helping you find and fix these kinds of employee issues before they make their way from the water cooler to the courthouse.
What you don’t hear can still hurt you.
JUST PUT IT ON THE COMPANY
CARD…NOBODY WILL NOTICE.
YOU’RE REALLY SHOWING OFF YOUR BEST ASSETS TODAY.
I NEVER WEAR THE SAFETY GOGGLES. THEY LEAVE A MARK.
THEY’RE WORRIED ABOUT OVERTIME. I’M JUST WORKING
OFF THE CLOCK.
866.424.2168 • www.laborlawyers.com • [email protected]
ATLANTA CLEVELAND FORT LAUDERDALE LAS VEGAS NEW JERSEY PHOENIX SAN FRANCISCO BALTIMORE COLUMBIA GULFPORT LOS ANGELES NEW ORLEANS PORTLAND TAMPA BOSTON COLUMBUS HOUSTON LOUISVILLE ORLANDO SAN ANTONIO WASHINGTON, D.C. CHARLOTTE DALLAS IRVINE MEMPHIS PHILADELPHIA SAN DIEGO CHICAGO DENVER KANSAS CITY NEW ENGLAND
158-FISH HospLawConf 8.5x11.indd 1 10/22/13 4:51 PM
MEET OUR HOSTS
Hotel Development & FinanceChuck Bedsole - Alvarez & Marsal
Management AgreementsKirby Payne, HVS Hotel Management
Restaurant & Hotel Corporate Counsel OnlyBanks Brown - McDermott Will & Emery
Hospitality Insurance & Loss Prevention SummitTodd Seiders, Petra Risk Solutions
Food & Beverage TrackKendall Kelly Hayden, Cozen O’Conner
Lodging TrackRick Barrett-Cuetara, Shannon, Gracey, Ratliff & Miller LLP
Human Resources & Labor Relations TrackDana Kravetz, Michelman & Robinson, LLP
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Monday, February 10, 2014 - Pre-Conference Workshops
Owner-Management Summit (OMS)
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PMAGENDA AT A GLANCE
2:30-3:00 PM Catered Break - Sponsored By Holland & Knight
8:15-8:45 AM Meet & Mingle Continental Breakfast - Sponsored By Garvey Schubert & Barer
8:45-9:00 AM Welcome
RESTAURANT & HOTEL CORPORATE COUNSEL
Non-U.S. Hotel & Restaurant Legal Considerations
Daniel Marinberg & Philippe Phaneuf - Greenberg Traurig
Risk Management: Building a Defensible Claim with the Help of
Your EmployeesBruno Katz & Jennifer Arledge -
Wilson Elser
Hotel & Restaurant Relationships Greg Duff & Ruth Walters - Garvey
Schubert & BarerRob Schnitz - Hyatt
Defending the Alcohol Claim from Incident to Trial
David Denney - Law Firm of David T. Denney
Preparing for and Responding to the EEOC’s Strategic Enforcement
PlanAndria Ryan - Fisher & Phillips
Emerging Trends RoundtablesWill Clair, James Eiler, Greg Duff,
Angela de Cespedes, Bryan Couch, Ruth Walters
Fundamentals of Management Agreements
Maria Whiteman - HyattAlbert Pucciarelli - MDM&C
Sticky IssuesJoseph Guay - Holland &
KnightAliza Johnson - Marriott
Survey of Management Agreement Litigation
Bryan Couch - LeClair Ryan Anthony Cavanaugh -
Steptoe & Johnson
Mechanics of Unwinding the Owner-Management
RelationshipCliff Risman - Gardere Wynne
Jeff Holdaway - MarriottPhil Gosch - Brownstein Hyatt
The Financing EnvironmentBill Sipple - HVS
Jonathan Falik - JF Capital Investments
Analyzing the DealRachel Roginsky & Karen
Johnson - Pinnacle Advisory Group
Emily Smith - RLJ Lodging Trust
Hotel AcquisitionsSuzanne Amaducci-Adams -
Bilzin SumbergSteen Petri - HEI Hotels &
Resorts
Hotel DevelopmentAnthony Campanelli - Deloitte
Matt Walker - Lowe Destination Development
Maria Whiteman - Hyatt
Special TopicsJamie Crolle - P.A.
Chip Ohlsson - Starwood Hotels Richard Sprecher - Aimbridge
HospitalityJonathan Falik - JF Capital
Investments
A Hospitality Insurance Update: What’s the Right Price for the
Wrong Coverage?Doug Douthit - Petra Risk
Solutions
Hotel Group Pays $365,000 to Settle a Harassment Lawsuit - Are
You Covered? David DeMoss & Sharyn
Maldonado - Petra Risk Solutions
Top 10 ADA Issues at Hotels, Restaurants & Spas
Mark Tudor - ADA Compliance Pros
The Latest Hospitality Guest and Employee Claim Trends &
Solutions for Dealing With ThemTodd Seiders - Petra Risk Solutions
Scott Joslove - Texas Hotel & Lodging Association
Lessons from LossesSteve Dieg & Stanford Brubaker -
Liberty Mutual
Business Continuity - How to Plan for Surviving a Traumatic Event
Steve Dieg & Stanford Brubaker - Liberty Mutual
7:15 AM Registration Opens
GENERAL SESSIONS 8:00-9:00 AM Food & Beverage Litigation Update - Elizabeth DeConti - Gray Robinson 9:00-10:00 AM Operating in a Global Environment - Bhavana Boggs, Banks Brown & Veronique Lanthier
12:00-1:15 PM Luncheon & Presentation - Sponsored By Petra Risk Solutions and Alvarez & Marsal
5:00-6:00 PM Cocktail Reception, Exhibitor Showcase and Prize Drawing for $500 AMEX Gift Card
7:30 AM Registration Desk Opens
Branded Vs. UnbrandedCarla Moreland - Wyndham
San San Lee - Law Offices of San San Lee
Tye Turman - MarriottAlex Cabanas - Benchmark
Hospitality
Deciphering Government Regulations (ACA, ADA, WARN Act) and Their Impact on Management
AgreementsDaniel R. Salemi - Franczek Radelet
Andrew Robins - AkermanKara Maciel - Epstein Becker
HOTEL DEVELOPMENT & FINANCE
Hosted By: Alvarez & Marsal
MANAGEMENT AGREEMENTS
HOSPITALITY INSURANCE & LOSS PREVENTION SUMMIT
Hosted & Presented By: Petra Risk Solutions
Mixed-Use ProjectsChuck Bedsole - Alvarez &
MarsalCliff Risman - Gardere Wynne
Andrew Robins - AkermanBrian Belt - Duane Morris
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2:30-3:00 PM Catered Break - Sponsored By Holland & Knight
7:15 AM Registration Opens
10:00-10:15 AM Catered Break - Sponsored By Gray Robinson
Hot Topics in the Food & Beverage Industry
Elizabeth DeConti - Gray RobinsonDavid Denney - Law Firm of David T. Denney
John Merkin - IHOP
Food Safety IssuesBarry Parsons - Robson Forensic
William Weichelt - Serv Safe
Late Breaking Beverage Alcohol Regulatory News
Vince O’Brien - Nixon Peabody
Airport Leases for Food & Beverage Operations
Phil Colicchio - Taylor, Colicchio & SilvermanRichard Heller - Legal Seafood
I-9 Verification Process and ComplianceMichelle Jacobson - Fragomen, Del Rey,
Bernsen & Loewy, LLPDaniel Ramirez - Monty & Ramirez LLP
Pop Culture Employment Law Kylie Tenbrook - Best Western International
Top 10 Employment Law Risks in the Hospitality Industry
Dana Kravetz & Imran Hayat - Michelman & Robinson
Vexing Issues in FLSA ClaimsBruno Katz & Sherril Colombo - Wilson Elser
Anatomy of a Large Property/Business
Interruption ClaimJared Zola & John Heintz - Dickstein Shapiro
Jacob Parsons - The Claro Group
Due Diligence in an Open MarketAnthony Campanelli & Lisa Dane - Deloitte
Veronique Lanthier - Marriott
The Future of Hotel Food & Beverage Operations
Tom Posey - Faegre Baker Daniels LLP
13 Strategies for Improving SafetyEdwin Foulke - Fisher & Phillips LLP
Wednesday, February 12, 2014 - Hospitality Law Conference
GENERAL SESSIONS 8:15-9:15 AM Top Topics - Arthur Chinski, Mark Cramer - Buchalter Nemer & Imran Hayat - Michelman & Robinson 9:15-10:15AM E-Discovery/Legal Holds - Megan Ferraro - Hyatt Hotels & Karen Hourigan - Redgrave LLP
GENERAL SESSIONS 10:30-11:30 AM CCTV’s - Jerry Hamilton - Hamilton Miller, David Bender - Anderson Kill & Chad Callaghan - Premises Liability Experts 11:30-12:30 PM Top 100 Cases - Karen Morris - Monroe Community College & Diana Barber - Georgia State University
GENERAL SESSIONS 4:00-5:00 PM Latest Trends in the Franchise Arena - Arthur Pressman - Nixon Peabody & Robert Salkowski - Zarco Law
3:45-4:00 PM Catered Break - Sponsored By Michelman & Robinson
12:15-1:45 PM Awards Luncheon & Presentation
10:15-10:30 AM Catered Break - Sponsored By Buchalter Nemer
10:1
5-11
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M11
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5 PM
1:45
-2:4
5 PM
2:45
-3:4
5 PM
Tuesday, February 11, 2014 - Hospitality Law Conference
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Food & Beverage Track Human Resources & Labor Relations Track
Lodging Track
5:00-6:00 PM Wine Tasting - Sponsored By Fisher & Phillips and The Claro Group
GENERAL SESSIONS 8:00-9:00 AM Food & Beverage Litigation Update - Elizabeth DeConti - Gray Robinson 9:00-10:00 AM Operating in a Global Environment - Bhavana Boggs, Banks Brown & Veronique Lanthier
7:15-8:00 AM Meet & Mingle Continental Breakfast - Sponsored By Deloitte
7:45-8:15 AM Meet & Mingle Continental Breakfast
12:30-12:45 PM Closing Remarks & Prize Drawing for $500 AMEX Gift Card
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#HLC14 - www.hospitalitylawconference.com - 2014 Hospitality Law Conference
Hotel Development & Finance • Management Agreements • Hospitality Insurance & Loss Prevention Summit
Monday, February 10, 2014 • Pre-Conference Workshops
7:30 AM Registration Desk Opens
8:15 AM - 8:45 AM Meet & Mingle Continental Breakfast Sponsored by: Garvey Schubert & Barer
8:45 AM - 9:00 AM Welcome
9:00 AM - 10:00 AM The Financing EnvironmentPresented by: Bill Sipple - HVSJonathan Falik - JF Capital Investments
After an introduction explaining what is currently available/achievable in both the debt and equity markets, learn: (a) how rising interest rates impact financing and transactions, (b) which markets are easy for financing and which are challenging, (c) the details of EB-5 financing, and (d) the return of the CMBS market.
Fundamentals of Management Agreements: Essential Clauses, Key Business Terms & Key Legal ChallengesPresented by: Albert Pucciarelli - McElroy, Deutsch, Mulvaney & CarpenterMaria Whiteman - Hyatt
This session tackles key business points and how they evolve in the negotiation process between the hotel owner and the management company.The interactive session will deal with twelve issues that are typically the focus of negotiation. We will set out each side’s likely opening position and discuss a typical and reasonable negotiated outcome for each issue based upon experience with modern management agreements, both branded and unbranded.The session is useful for development personnel engaged in deal-making at the “LOI” stage and the lawyers who will negotiate the “definitive agreements”.
A Hospitality Insurance Update: What’s the Right Price for the Wrong Coverage?Presented by: Doug Douthit - Petra Risk Solutions
Description Coming Soon
10:00 AM - 11:00 AM
Analyzing the DealPresented by: Rachel Roginsky - Pinnacle Advisory GroupKaren Johnson - Pinnacle Advisory GroupEmily Smith - RLJ Lodging Trust
Karen Johnson, MAI, CRE (Director of Pinnacle’s west coast office) will join Rachel Roginsky, ISHC (Owner – Pinnacle Advisory Group) and Emily Smith (Associate Director- RLJ Lodging Trust) to discuss hotel valuation concepts. Hotel appraisals can be used for real estate transactions, loan documentation, and Tax Purposes. Hotel appraisals can also be the central component in hotel litigation (valuing a management contract for potential termination, bankruptcies). These experts will explain the different types of appraisals, how hotels are valued, and what types of appraisal reports are available.
Deciphering Government Regulations (ACA, ADA, WARN Act) and Their Impact on Management AgreementsPresented by: Daniel R. Salemi - Franczek Radelet P.C.Andrew Robins - Akerman Kara Maciel - Epstein Becker Green
This session will cover the Affordable Care Act’s employer mandate (also known as “pay or play” penalties) in the management-owner context. It will include a discussion of the ACA’s controlled-group rules and how they apply to management and owners who may or may not be considered to be an employer. It will also include a discussion of how management companies and owners can protect themselves from surprises under the ACA, including employer liability for pay or play penalties, liability for new ACA fees, and responsibility for new reporting of health coverage information. The session will also cover hotel managers’ responsibilities under the WARN Act, and how hotel managers can effectively build protection against WARN liabilities in their management agreements. Finally, the session will tackle hotel owners’ and managers’ joint obligations under Title III of the Americans With Disabilities Act and its corresponding federal regulations, as well as recommend best practices in addressing Title III in management agreements.
Hotel Group Pays $365,000 to Settle a Harassment Lawsuit - Are You Covered?Presented by: David DeMoss - Petra Risk SolutionsSharyn Maldonado - Petra Risk Solutions
Risk Management, the relationship between EPL and other insurance policies, and EPL Insurance Coverage/Features are topics of concern that the presenters plan to discuss and provide practical solutions and best practices.
11:00 AM -12:00 PM
Hotel Acquisitions Presented by: Suzanne Amaducci-Adams - Bilzin SumbergSteen Petri - HEI Hotels & Resorts
Against the backdrop of a primer on the current acquisitions landscape, learn about: (a) types of hotels being acquired and the forecast for future acquisitions, (b) how legal issues and the current financing market are impacting acquisitions, (c) equity requirements for different assets, and (d) how branding impacts the acquisitions decision, financial returns, and the sales price of properties.
Sticky Issues: Subordination, Non-Disturbance & Attornment, Cash Management Agreements, Comfort Letters, Mixed-Use Projects & Management AgreementsPresented by: Joseph Guay - Holland & KnightAliza Johnson - Marriott
The presentation will explore some of the unique issues that arise in negotiating SNDAs, Cash Management Agreements, Comfort Letters and Deposit Account Control Agreements from the brand’s perspective and how to balance the needs of the brands with the requirements of the lenders. This presentation will also address the interplay between the aforementioned agreements and those that govern the relationship of manager and owner in a mixed-use hotel project, such as hotel management agreements and marketing and license agreements. We will cover which accounts should be pledged, whether or not the manager should attorn to a mezzanine leader, and which rights--if any--a lender should be granted under a residential marketing and license agreement.
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Hotel Development & Finance • Management Agreements • Hospitality Insurance & Loss Prevention Summit
Monday, February 10, 2014 • Pre-Conference Workshops Monday, February 10, 2014 • Pre-Conference Workshops
Top ADA Issues at Hotels, Restaurants & SpasPresented by: Mark Tudor - ADA Compliance Pros
Everybody has heard about these drive-by litigants who file ADA access lawsuits against unsuspecting businesses. Well, you’re a target and you could be spending your valuable time, energy and money defending yourself. Let’s talk about ways to stay out of trouble and also enhance your guest experience.
12:00 PM - 1:15 PMLuncheon and PresentationSponsored by: Alvarez & Marsal and Petra Risk SolutionsPresented by: Smith Travel Research
STR, the recognized leader in hotel benchmarking and research, is a single source of hotel data covering daily and monthly performance, forecasts, annual profitability, pipeline and census information. Join Vail Brown for the “State of the Industry,” an in-depth presentation providing insight into current hotel performance trends, a 2014 forecast and much more.
1:30 PM - 2:30 PM Hotel DevelopmentPresented by: Anthony Campanelli - DeloitteMatt Walker - Lowe Destination DevelopmentMaria Whiteman - Hyatt
Focusing on: (a) which markets are experiencing increased development activity and which are suffering from limited activity, (b) which returns developers are targeting, and (c) who the investors are in development deals.
Survey of Management Agreement LitigationPresented by: Bryan Couch - LeClair RyanAnthony Cavanaugh - Steptoe & Johnson, LLP
The pendulum continues to swing, most recently in favor of owners in their on-going campaign for transparency, fairness, and contractual compliance by hotel operators. As branded hotel companies sold off real estate and developed their management fee revenue models in the 1990s, just as the economy put pressure on the shrinking bottom line being absorbed by hotel owners, trust eroded and lawsuits followed. The seminal decisions of that decade, ending with Woodley Road, set a new high water mark for owners, as operators were at risk for misconduct that was becoming commonplace. The next decade, however, saw the pendulum swing back to the operators. While owners were suffering financially in the wake of 9/11, and then the economic disaster at the end of the decade, operators were cleverly rewriting contracts and pressuring friendly legislatures to effectively authorize misconduct, without full or fair disclosure to owners. This session will discuss how owners in the second decade of the 21st century are turning once again to the courts, not arbitrators, to try to reclaim control over their hotels, reminding the branded operators that the interests of the owner, and not of the brand, are the cornerstone of their business.
The Latest Hospitality Guest and Employee Trends and Solutions for Dealing with ThemPresented by: Todd Seiders - Petra Risk Solutions Scott Joslove - Texas Hotel & Lodging Association
Our intention here is to show you that there are several useful safety products on the market today that can help your employees work more efficiently and work safer. Reducing employee injuries will help you save money and improve your guest service.
2:30 PM - 3:00 PM Catered BreakSponsored by: Holland & Knight
3:00 PM - 4:00 PM Special TopicsPresented by: Jamie Crolle - Private AttorneyChip Ohlsson - Starwood HotelsRichard Sprecher - Aimbridge Hospitality Jonathan Falik - JF Capital Investments
After an introduction explaining the apparent decline of condo hotels, learn about: (a) the difference between brand-managed hotels and independently-managed hotels from ownership, transaction, and financing perspectives, (b) the impact of union labor agreements on hotel development, acquisitions, and finance, and (c) the developing situation with hotel company IPOs.
Mechanics of Unwinding the Owner-Management RelationshipPresented by: Cliff Risman - Gardere Wynne SewellJeff Holdaway - MarriottPhil Gosch - Brownstein Hyatt
The presentation will focus on the practical and mechanical aspects of unwinding management and branding relationships. This will include topics such as terminating and rehiring employees; the removal of signage and trademarked items; preparing a final accounting and reserving for claims; turning over and/or destroying books and records and confidential information; guest records; inventories; vendor and guest issues; and systems and software issues. The presentation will address these areas in a balanced fashion discussing ownership, operator and brand views on all matters.
Lessons from LossesPresented by: Steve Dieg - Liberty MutualStanford Brubaker - Liberty Mutual
The objective of the presentation is to focus on safety in the hospitality industry, discussing 5 year data trends on GL losses, slip and falls, and selected serious losses.
4:00 PM - 5:00 PM Mixed-Use ProjectsPresented by: Cliff Risman - Gardere Wynne SewellAndy Robins - AkermanBrian Belt - Duane MorrisModerated by: Embree “Chuck” Bedsole - Alvarez & Marsal
Given the recent popularity of mixed use projects, learn how: (a) residential, retail, and commercial uses impact project feasibility, (b) hotel branding impacts these projects, (d) mixed-use components impact overall project returns, and (e) these projects impact both construction and permanent financing.
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Monday, February 10, 2014 • Pre-Conference Workshops
4:00 PM - 5:00 PM Branded Vs. UnbrandedPresented by: Carla Moreland - WyndhamSan San Lee - Law Offices of San San LeeTye Turman - MarriottAlex Cabanas - Benchmark Hospitality
The panelists have extensive experience and expertise in negotiating “branded” (chain-affiliated), “unbranded” (independent), and third party management contracts from both a manager’s perspective and an owner’s perspective. They will share their insights on (a) considerations of an owner in determining whether its hotel should be chain-affiliated or independent, (b) characteristics and personalities of owners and projects that fit a chain-affiliated or independent profile, and (c) if chain-affiliated, whether to go with a chain or a third party management company. Panelists also will share their approach on negotiating management contracts and working with owners to optimize owner/manager relationship.
Business Continuity - How To Plan for Surviving a Traumatic EventPresented by: Steve Dieg - Liberty MutualStanford Brubaker - Liberty Mutual
The session will discuss crisis management and examining your own facility for how well prepared you are for ‘unforeseen’ emergencies. Also, being examined are aspects to consider in a vulnerability assessment and being able to translate those at your hotel.
5:00 PM - 6:00 PM Cocktail ReceptionSponsored by: Trigild, Womble Carlyle, Shannon Gracey, K&L Gates
Hotel Development & Finance • Management Agreements • Hospitality Insurance & Loss Prevention Summit
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Monday, February 10, 2014 • Pre-Conference Workshops
Hotel Development & Finance • Management Agreements • Hospitality Insurance & Loss Prevention Summit
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Restaurant & Hotel Corporate Counsel OnlyMonday, February 10, 2014 • Pre-Conference Workshops
7:30 AM Registration Desk Opens
8:15 AM - 8:45 AM Meet & Mingle Continental Breakfast Sponsored by: Garvey Schubert & Barer
8:45 AM - 9:00 AM Welcome
9:00 AM - 10:00 AM Non-U.S. Hotel & Restaurant Legal ConsiderationsPresented by: Daniel Marinberg - Greenberg TraurigPhilippe Phaneuf - Greenberg Traurig
Interactive discussion of the various issues and considerations facing owners and operators of hotels and resorts outside of the United States, including acquisition and diligence processes for owners, management agreement considerations for owners and operators, and common pitfalls of non-U.S. jurisdictions. Daniel Marinberg, Shareholder with Greenberg Traurig’s Miami office, will highlight structuring, employment, SNDA, governmental concessions, taxation, land ownership, and other issues critical to navigating foreign jurisdictions, and will offer a guide to the right questions to ask your local counsel.
10:00 AM - 11:00 AM
Risk Management: Building a Defensible Claim with the Help of Your EmployeesPresented by: Bruno Katz - Wilson ElserJennifer Arledge - Wilson Elser
This presentation will examine how training employees to properly investigate, document, and retain evidence is the first step towards the best defense. No matter what their title, the words, actions and mistakes of employees can bind your company. Learn from real-life examples that preserving evidence in the right way will reduce your risk and help manage your bottom line.
11:00 AM -12:00 PM
Hotel & Restaurant RelationshipsPresented by: Greg Duff - Garvey Schubert & BarerRuth Walters - Garvey Schubert & BarerRob Schnitz - Hyatt
The hotel restaurant has undergone a significant transformation in the last 10 or so years, from an afterthought or an amenity to be provided to hotel guests, to a significant—some would say essential—factor in a hotel’s profitability. The presence or absence of a restaurant in a hotel affects its star or diamond rating, where experts place it when segmenting the hotel market and how potential guests perceive the overall value of a stay. Hotel operating companies and owners alike have started looking to outside restaurateurs to provide guests the unique dining experiences they are seeking (or, for that matter, any dining experiences at all) and restaurateurs have grasped the opportunity to enter into these kinds of relationships. We will be reviewing and discussing the most common forms of relationships between hotels and the hotel restaurants, including leases, operating/management agreements, consulting arrangements and franchises. Each structure has its legal and practical benefits and challenges from both the hoteliers’ and the restaurateurs’ perspectives; we’ll discuss the most significant of these, as well as some lessons from the field about what has and has not worked in this space.
12:00 PM - 1:15 PMLuncheon and PresentationSponsored by: Alvarez & Marsal and Petra Risk SolutionsPresented by: Smith Travel Research
1:30 PM - 2:30 PM Defending the Alcohol Claim from Incident to TrialPresented by: David Denney - The Law Firm of David T. Denney
Even the most vigilant food and beverage operation can come under fire from alcohol liability claims. Whether from a state licensing agency or someone’s next-of-kin, alcohol litigation is a very real danger to members of the hospitality industry. Training on proper policies and procedures is the first line of defense against claims, but occasionally incidents occur. Steps taken immediately following an alcohol-related incident, such as the collection and preservation of physical evidence, recording employee statements, and public relations readiness, can make the difference between winning and losing a claim.
David’s session will discuss policies and procedures critical to ensure safe service, and focus on what businesses serving alcohol can do to protect themselves between learning of an incident and the beginning of a court proceeding.
2:30 PM - 3:00 PM Catered BreakSponsored by: Holland & Knight
3:00 PM - 4:00 PM Preparing for and Responding to the EEOC’s Strategic Enforcement PlanPresented by: Andria Ryan - Fisher & Phillips
In December 2012, the Equal Employment Opportunity Commission approved its four year Strategic Enforcement Plan intended “to focus and coordinate the EEOC’s programs” by adopting”national priorities.”The EEOC identified six priority areas— Eliminating Barriers in Recruitment and Hiring; Protecting Immigrant, Migrant and Other Vulnerable Workers, Addressing Emerging and Developing Issues,Enforcing Equal Pay Laws,Preserving Access to the Legal System, and Preventing Harassment Through Systemic Enforcement and Targeted Outreach. Through what it calls a “targeted approach,”the EEOC has indicated that charges of discrimination involving one or more of these priority areas will receive “first and highest priority” and “a greater share of agency time and resources.” This session will identify and explore the EEOC’s national priorities and guide hospitality employers and general counsel on how to reduce their risks and stay off the EEOC’s radar.
4:00 PM - 5:00 PM Emerging Trends RoundtablesPresented by: Will Clair - Hamilton Miller & BirthiselJames Eiler - Kaiser Swindell & EilerGreg Duff - Garvey Schubert & BarerAngela C. de Cespedes Wenke - AkermanBryan Couch - LeClair RyanRuth Walters - Garvey Schubert & Barer
5:00 PM - 6:00 PM Cocktail Reception
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Boca Raton l FoRt LaudeRdaLe l JacksonviLLe l key West l LakeLand MeLBouRne l MiaMi l napLes l oRLando l taLLahassee l taMpa
866-382-5132 l www.gray-robinson.com
Relationships. Resources. Results.We have the knowledge, experience and relationships to help you reach your business and personal objectives.
We represent restaurants, hotels, clubs, golf courses, convenience stores, supermarkets, and other members of the hospitality industry nationally and internationally. Our attorneys, regulatory consultants, and other professionals handle mergers and acquisitions, litigation,
licensing, license maintenance, regulatory compliance and enforcement, and other issues facing your business. Contact us to find out how we can protect your interests and secure your objectives.
GrayRobinson’s Alcohol Beverage and Food Industry Teamis Proud to Support the 2014 Hospitality Law Conference.
Monday, February 10, 2014 • Pre-Conference Workshops
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#HLC14 - www.hospitalitylawconference.com - 2014 Hospitality Law Conference
Tuesday, February 11, 2014 • Hospitality Law Conference
7:15 AM Registration Desk Opens
7:15 AM - 8:00 AM Meet & Mingle Continental Breakfast Sponsored by: Deloitte
8:00 AM - 9:00 AM Food & Beverage Litigation UpdatePresented by: Elizabeth DeConti - Gray Robinson
This annual presentation will provide highlights of the past year’s most notable litigation cases arising from the sale and service of alcoholic beverages and food. Among other issues, we will address dram shop and licensing-related issues on the alcohol side, and negligence, strict liability, and failure to warn on the food side. The presentation will identify litigation trends and defense strategies. In addition, we will look at the fact patterns from instructive cases and use them as teaching tools to discuss compliance and best practices for avoiding liability.
9:00 AM - 10:00 AM Operating in a Global EnvironmentPresented by: Bhavana Boggs - Ritz CarltonBanks Brown - McDermott Will & EmeryVeronique Lanthier - Marriott
This panel discussion addresses challenges facing global hospitality companies. The discussion will cover topics such as owner/manager relations, protecting your brand, compliance (FCPA, UK Bribery Act, anti-trust) with U.S. and local laws, and employment laws and practices.
10:00 AM - 10:15 AM Catered BreakSponsored by: Gray Robinson
10:15 AM - 11:15 AM Hot Topics in the Food & Beverage IndustryPresented by: Elizabeth DeConti - Gray RobinsonDavid Denney - Law Firm of David T. DenneyJohn Merkin - IHOP
Join attorneys Elizabeth DeConti and David Denney as they, with John Merkin, SVP Operations and International -DineEquity, Inc., explore the need-to-know areas of Food and Beverage law for 2014. Covering such diverse topics as happy hour, social media, menu labeling and flaming drinks, this session will cover practice areas relevant to both outside and inside counsel of hotels and restaurants.
I-9 Verification Process & CompliancePresented by: Michelle Jacobson- Fragomen, Del Rey, Bernsen & Loewy, LLPDaniel Ramirez - Monry & Ramirez LLP
With comprehensive immigration reform on the horizon, employers will need to address the potential impact of these changes to their workforce. Employers in the hospitality industry are especially vulnerable as work site enforcement is expected to increase and additional measures to implement mandatory E-Verify persist. In light of this heightened climate of enforcement, employers should understand the I-9 verification process and implement compliance programs to effectively manage the hiring and verification process. Likewise, employers must balance the use of verification systems against potential discrimination claims. This program will provide practical guidance to employers to ensure I-9 compliance, effectively handle I-9 inspections, and follow best practices to promote compliance. The program will also address proposed immigration reform measures as they would impact the hospitality industry.
Anatomy of a Large Property/Business Interruption ClaimPresented by: Jared Zola - Dickstein ShapiroJohn Heintz - Dickstein ShapiroJacob Parsons - The Claro Group
This interactive panel will examine the progression of a claim from the first days following a catastrophic event to the ultimate recovery of insurance proceeds. The panel will discuss key steps and decision points, explain choices and recommended action, and draw on lessons learned from recent experience following hurricanes, Thai floods, and the Japanese tsunami.
11:15 AM - 12:15 PM
Food Safety Issues Presented by: Barry Parsons - Robson ForensicWilliam Weichelt - Serv Safe
In this session, the presenters will cover the 8 allergens that account for 90% of allergic reactions. The discussion will include what responsibility the industry owes to the public in identifying the presence of these key offenders, what the difference is between cross-contact and cross-contamination, how industry leaders are customizing menu options to meet the changing needs of their customers, and best practices for implementing allergen awareness training programs that make it all work.
Pop Culture Employment LawPresented by: Kylie Tenbrook - Best Western International
Come learn how Lady Gaga violated the Fair Labor Standards Act, what Victoria’s Secret has to offer on religious accommodation, what Donald Trump should be doing in light of recent EEOC guidance, and much, much more. This will be a fun and interactive session, where we will discuss various current news stories, the employment laws implicated in those stories, and how those employment laws apply to your business.
Due Diligence in an Open MarketPresented by: Anthony Campanelli - DeloitteLisa Dane - DeloitteVeronique Lanthier - Marriott
Panelists will answer questions relating to potential owners screening for anti-corruption risks prior to conducting due diligence, focusing on the red-flags in the diligence process and how to gauge different levels of diligence based on the ownership structure.
General Sessions • Food & Beverage • Human
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#HLC14 - www.hospitalitylawconference.com - 2014 Hospitality Law Conference
12:15 PM - 1:45 PMAwards Luncheon and Presentation
Description Coming Soon
1:45 PM - 2:45 PM
Late Breaking Beverage Alcohol Regulatory NewsPresented by: Vince O’Brien
The new reality in beverage alcohol trade practice enforcement is that the actual industry instigator of a commercial “bribe” or “pay to play” requirement will be penalized regardless of industry tier. The old general rule of “hold distributors and suppliers responsible”, regardless of who initiated the prohibited program, is changing. Retailers can no longer assume their suppliers will be held responsible for questionable or illegal “deals” they themselves initiate. We will explore the causes and retailer implications of revised trade practice enforcement policies.
Top 10 Employment Law Risks in the Hospitality IndustryPresented by: Dana Kravetz - Michelman & RobinsonImran Hayat - Michelman & Robinson
This seminar will focus on key labor and employment legal risks facing the hospitality industry, including exempt status, on-call, off the clock, work and tips; misclassification of independent contractors; protection of confidential information; use of social media; employee screening and negligent hiring; retaliation and whistleblowers; immigration; minimum wage protests, labor relations, and union organizing; and more. Participants will receive practical advice on how to assess and manage risk in these areas.
The Future of Hotel Food & Beverage Operations Presented by: Tom Posey - Faegre Baker Daniels LLP
The combined effects of rising labor costs, nationally-focused union bargaining strategies, heightened restrictions on subcontracting and expanded successorship obligations have had a dramatic impact on hotels’ food and beverage department operations throughout the country. The new collective bargaining agreements implemented in major markets in 2013 have also limited, and in some cases eliminated, hotels’ ability to allow outside restaurants to operate in their facilites. This session will address the future of hotel F&B/restaurant operations in light of all these changes, with an emphasis on analyzing successful operational and contract bargaining strategies from various markets.
2:45 PM - 3:45 PM
Airport Leases for Food & Beverage OperationsPresented by: Phil Colicchio - Taylor, Colicchio & SilvermanRichard Heller - Legal Seafood
This presentation will focus on airport locations which give rise to difficult problems, including unique lease terms, operational issues, construction-related issues, and the art of dealing with multiple landlords.
Vexing Issues in FLSA ClaimsPresented by: Bruno Katz - Wilson ElserSherril Colombo - Wilson Elser
The vexing thing about human behavior is that when we say we know we should do something, we really and truly do know it.” -Jeff Kluger
The truly vexing issue is putting into practice what we know. Also even when one acts in good faith, new regulations or requirements occur. This presentation will address some of the unique and vexing aspects of the FLSA for hospitality and how to take steps to protect your company when audits, claims or complaints arise. Through the use of case law and scenarios, this presentation will address how hospitality can be less of a target for claims and foster and build a preventative strategy to avoid and defend against FLSA claims.
13 Strategies for Improving SafetyPresented by: Edwin Foulke - Fisher & Phillips LLP
If OSHA has fallen off your radar screen, it is time to put it back on. OSHA has adopted a more aggressive enforcement approach against all employers, no matter their size. Almost every week, OSHA announces a new regulation, policy change or enforcement initiative. At the same time, OSHA adds more inspectors, increasing the likelihood of an employer being inspected in a push for more citations and higher penalties. In addition, there is a continued shift away from OSHA’s emphasis on cooperative efforts.
In this session, Edwin G. Foulke, Jr. a partner with Fisher & Phillips’ and former Assistant Secretary of Labor for OSHA, will provide the most current information on new OSHA enforcement-focused regulatory initiatives as well as an enhanced focus on whistleblower complaints. The program will review the essential elements of OSHA compliance and a cost- effective workplace safety and health program, with an eye toward preparing for increased civil and criminal enforcement, as well as the use of safety issues by unions and a growing group of whistleblowers. The webinar will explain how, when used properly, safety compliance can be a “profit center” and not another administrative cost while at the same time protecting your company’s brand/reputation.
3:45 PM - 4:00 PM
Catered BreakSponsored by: Michelman & Robinson
4:00 PM - 5:00 PM Latest Trends in the Franchise ArenaPresented by: Arthur Pressman - Nixon PeabodyRobert Salkowski - Zarco Einhorn Salkowski & Brito
This discussion will focus on current issues, trends and observations on franchising in the hospitality sector.
5:00 PM - 6:00 PM
Wine Tasting ReceptionSponsored by: Fisher & Phillips and The Claro Group
Resources & Labor Relations • Lodging
Tuesday, February 11, 2014 • Hospitality Law Conference Tuesday, February 11, 2014 • Hospitality Law Conference
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#HLC14 - www.hospitalitylawconference.com - 2014 Hospitality Law Conference
Wednesday, February 12, 2014 • Hospitality Law Conference
7:30 AM Registration Desk Opens
7:45 AM - 8:15 AM Meet & Mingle Continental Breakfast
8:15 AM - 9:15 AM Top Topics (Wage & Hour Class Actions, Patent Trolling and Rate Parity)Presented by: Arthur Chinski - Buchalter Nemer (Wage & Hour Class Actions)Mark Cramer - Buchalter Nemer (Patent Trolling)Imran Hayat - Michelman & Robinson (Rate Parity)
Current state of Wage & Hour Class and Collective Actions relevant to the Hospitality Industry, including meal & rest, tip pooling, reporting time pay, split-shifts, standby/on-call, employee expenses (uniforms, slip resistant shoes, maintenance, travel time), seating requirements, pay cards, overtime exemptions, private attorney general actions (PAGA), and class waivers in Arbitration Agreements.
Legislation and current trends in rate parity and patent trolling will also be discussed.
9:15 AM - 10:15 AM
E-Discovery/Legal Holds Presented by: Megan Ferraro - Hyatt HotelsKaren Hourigan - Redgrave LLP
We will discuss how employees react to receiving a legal hold notification and how implementing standard practices can ease the fear of companies and employees with regard to compliance.
10:15 AM - 10:30 AM
Catered Break Sponsored by: Buchalter Nemer
10:30 AM -11:30 AMCCTVsPresented by: Jerry Hamilton - Hamilton Miller & BirthiselDavid Bender - Anderson Kill Chad Callaghan - Premises Liability Experts
The session will explore how the advent of CCTV (closed circuit television’s) has changed the landscape of hospitality and retail litigation and what every risk manager needs to know to protect their business from the legal pitfalls of CCTV.
11:30 AM - 12:30 PM Top 100 CasesPresented by: Karen Morris - Monroe Community CollegeDiana Barber - Georgia State University
The presentation will include brief summaries of the top 100+ legal cases that impacted the hospitality industry in year 2013. The presentation will highlight the most interesting ones, as time will allow, with the usual format of one presentation and alternating between two speakers.
12:30 PM Closing Remarks
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Wednesday, February 12, 2014 • Hospitality Law Conference
Buchalter Nemer’s restaurant and hospitality clientsinclude national restaurant chains, restaurant and hotelfranchises, celebrity restaurateurs, private hotels, resorts,spas and golf courses, as well as sole proprietorshiprestaurants and hotels.
Clients and Services include:• Restaurants• Aviation/Transportation• Food & Beverage• Hotels/Resorts• Business Formation/Corporate Issues• Intellectual Property• Labor and Employment• Real Estate/Development/Leasing• Private Equity/Investment Management/Financing• Solar/Alternative Technologies• Litigation• Trade Secrets/Unfair Competition• ADA Title III• Dispute Resolution• Taxation• Wage & Hour• Bankruptcy
Los Angeles Orange County San Francisco Scottsdalewww.buchalter.com
Contact:Arthur Chinski, Esq.
Chair of the Firm’s Restaurant, Food & Beverage, Hospitality Law Practice Group
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GET UP-TO-THE-MINUTE INFORMATION ON THE GO WITH THE 2014 HOSPITALITY LAW CONFERENCE EVENT APP
This app provides anytime/anywhere access to event information, including agenda and conference materials, as well as the ability to directly connect with other attendees, sponsors, exhibitors and speakers!
Use the app to navigate all aspects of the congress, including:
• Locating specific exhibitors using the conference map• Downloading and emailing conference materials• Posting directly to Twitter, Facebook & LinkedIn using #HLC14 Hashtag• And SO MUCH MORE!
ALREADY REGISTERED?Scan the QR Code below or visiteventmobi.com/2014HLC to get
started!
Los Angeles | New York | Orange County | Sacramento | San Francisco
Michelman & Robinson, LLP is a dynamic law �rm with o�ces throughout California and in New York. Our attorneys o�er practical, strategic, cutting edge legal solutions. The Firm specializes in a wide variety of practice areas and industries, including Hospitality, Advertising, Marketing & Media, Commercial & Business Litigation, Construction, Corporate & Securities, Environmental, Financial Services & Bankruptcy, Health Care, Insurance Coverage & Bad
Faith, Intellectual Property, Labor & Employment, Real Estate, Regulatory & Administrative, and Writs & Appeals.
Michelman & Robinson, LLPis proud to support the
2014 Annual Hospitality Law
Conference
We thank you for providing a continuous forum for hospitality
professionals to gather and discuss common issues and challenges.
Los Angeles O�ce15760 Ventura Blvd, 5th Floor
Encino, CA 91436T 818.783.5530 F 818.783.5507
www.mrllp.com
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Los Angeles | New York | Orange County | Sacramento | San Francisco
Michelman & Robinson, LLP is a dynamic law �rm with o�ces throughout California and in New York. Our attorneys o�er practical, strategic, cutting edge legal solutions. The Firm specializes in a wide variety of practice areas and industries, including Hospitality, Advertising, Marketing & Media, Commercial & Business Litigation, Construction, Corporate & Securities, Environmental, Financial Services & Bankruptcy, Health Care, Insurance Coverage & Bad
Faith, Intellectual Property, Labor & Employment, Real Estate, Regulatory & Administrative, and Writs & Appeals.
Michelman & Robinson, LLPis proud to support the
2014 Annual Hospitality Law
Conference
We thank you for providing a continuous forum for hospitality
professionals to gather and discuss common issues and challenges.
Los Angeles O�ce15760 Ventura Blvd, 5th Floor
Encino, CA 91436T 818.783.5530 F 818.783.5507
www.mrllp.com
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#HLC14 - www.hospitalitylawconference.com - 2014 Hospitality Law Conference
We are a proud sponsor of the annual
HOUSTON HOSPITALITY LAW CONFERENCE
Embree C. “Chuck” Bedsole Managing Director - Global Leader Hospitality and Leisure Group +1 214 438 1014 [email protected]
Bruce F. Davidson Managing Director Hospitality and Leisure Group +1 212 763 9901 [email protected]
LEADERSHIP.
PROBLEM SOLVING.
VALUE CREATION.
© Copyright 2013 Alvarez & Marsal Holdings, LLC. All rights reserved.
www.alvarezandmarsal.com
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#HLC14 - www.hospitalitylawconference.com - 2014 Hospitality Law Conference
CHAM
PION
PATRON
PART
NER
MEDIA
OUR ALLIANCES
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Buchalter Nemer is a full service business law firm that provides sophisticated legal work in nine primary practice areas and more than two dozen specialty practice groups including:
• Bank and Finance• Corporate• Health Care• Insolvency and Financial Solutions• Intellectual Property• Labor & Employment• Litigation• Real Estate• Tax & Estate Planning
Fisher & Phillips is a law firm committed to taking a practical, businesslike approach to solving labor & employment problems. In just 70 years, Fisher & Phillips has grown to become a national law firm with 300 attorneys and 31 offices. F&P is a national and local law firm, with attorneys admitted in just about every U.S. jurisdiction. Clients include employers in the agriculture, automotive manufacturing, automobile dealership, banking, broadcasting, casino and gaming, construction, health care, hospitality, insurance, legal and professional services, manufacturing, mining, real estate, retail, technology, transportation, and wholesale and distribution industries, as well as state and local government entities, non-profit organizations, schools, colleges and universities.
VISIT BUCHALTER NEMER AT BOOTH 20 VISIT FISHER & PHILLIPS AT BOOTH 14
EXHIBITOR SPOTLIGHT
VISIT GRAY ROBINSON AT BOOTH TBD
VISIT HL.COM AT BOOTH 26 VISIT HSSS AT BOOTH 21
Petra provides a broad array of coverages ranging from our standard lines to our specialized solutions. Insurance protection can also be scaled in size to meet your organization’s specific insurance needs. Petra Risk Solutions Hospitality program provides coverage expressly tailored for luxury hotels, full service hotels, limited service motels, restaurants, spas and resorts. Our professional services, coupled with our specialized insurance plans, offer clients a high quality program unequaled by other providers. In addition, our experts offer on-site loss control consultation, superior claims assistance and proven support for your unique exposures to liability associated with your specialty business.
VISIT PETRA AT BOOTH 18
GrayRobinson provides legal services for Fortune 500 companies, emerging businesses, lending institutions, local and state governments, developers, entrepreneurs and individuals across Florida, the nation and the world. At Gray-Robinson, we offer not only breadth across a great many legal specialties, but depth and proficiency in each one as well. We have invented a better brand of law firm, counting creativity as a hallmark characteristic and insisting on ingenuity and innovation. At GrayRobinson, there is no such thing as “business as usual.” We are one of Florida’s fastest-growing law firms and are proud to be on the forefront of emerging legal issues.
HospitalityLawyer.com’s mission is to create a worldwide network of attorneys that focus on hospitality, travel and tourism issues; to be a marketing conduit that allows suppliers of legal, safety and security solutions to reach hospitality developers and operators in need of those solutions; and to mitigate critical incidents, injuries, litigation and liability within the hospitality industry, in the U.S., and abroad by facilitating the creation, collection, and dissemination of legal, safety and security information, products and services.
Hospitality Safety & Security Services has the experience and knowledge to identify risks that can adversely affect the performance and profitability of your hospitality business. Mike Cazel, the principal of the organization, has nearly 40 years of experience in criminal justice, safety, security & OSHA Compliance with over 25 years dedicated solely to hotel clients. Most recently, Mike served as the Vice President for a major hospitality safety and security consulting firm. Hospitality Safety & Security Services was assembled to provide the hospitality industry with a comprehensive and effective approach to the safety, security, and OSHA concerns that could affect your organization.
VISIT PRACTICAL LAW AT BOOTH 15
Practical Law provides legal know-how that gives lawyers a better starting point. Our expert team of attorney editors creates and maintains thousands of up-to- date, practical resources so you don’t have to. We go beyond primary law and traditional legal research to give lawyers the resources needed to practice more efficiently, improve client service and add more value. Our job is to make you better at yours. Our services are available to law firms, corporate law departments and law schools. We cover all major practice areas and access is available through annual subscriptions. We do not have a “metered” approach, which means that there are no extra fees based on time, printing, downloading, etc. The point of the service is to use it.
Since 1912, we at Liberty Mutual Insurance have committed ourselves to providing broad, useful and competitively-priced insurance products and services to meet our customers’ ever-changing needs.
Our delivery on this commitment is the reason we’re now the third largest property and casualty insurer in the U.S. based on 2012 direct premium written according to the National Association of Insurance Commissioners.
From commercial property to specialty risk to workers compensation, we provide products and services to solve your ever-changing business needs.
VISIT LIBERTY MUTUAL AT BOOTH 19
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EXHIBITOR SPOTLIGHT
In today’s economic climate, it’s more important than ever to make the most of every dollar spent.
We help our clients protect their investment with security solutions and products that provide peace of mind.
We offer site visits at no charge and we ag-gressively pursue the best pricing possible.
Security isn’t a luxury, it’s a vital component of any sound business plan.
Our forensic experts are renaissance men and women who have done the work central to the issues of your matter, and can testify accordingly.
We perform investigations for plaintiffs or defendants. Robson Forensic is not a referral service. Please call us so we can bring the experience of over 40,000 cases and claims to bear. You can expect responsiveness from everyone in our firm.
VISIT PINNACLE DIGITAL AT BOOTH TBD VISIT ROBSON FORENSIC AT BOOTH TBD VISIT ALVAREZ & MARSAL AT BOOTH 13
Alvarez & Marsal was founded in 1983 when Tony Alvarez II and Bryan Marsal recognized the opportunity to provide radically different advice and hands-on support to organizations facing operational and financial hurdles – situations demanding action, objectivity and real results.
Mavericks determined to challenge the prevailing approach to management consulting, Alvarez & Marsal’s (A&M) founders helped pave the way for what became an industry: turnaround management, corporate restructuring and performance improvement for companies and stakeholders.
VISIT WILSON ELSER AT BOOTH TBD VISIT ACT AT BOOTH 12
Nearly 800 attorneys strong, our firm serves clients of all sizes, across multiple industries and around the world. Wilson Elser has 24 offices in the United States, another in London and several European affiliates. This depth and scale has made us one of the nation’s most influential law firms, ranked in the Am Law 200 and in the top 50 of the National Law Journal 250. WE provides clients with full-service, first-class legal services, spanning the spectrum of litigation and related areas. We apply the discipline and diligence of effective litigation to virtually all areas of the law, drawing from 56 service areas to create multidisciplinary teams that give each client matter the best of the firm’s collective intelligence & capabilities.
ACT was founded in the summer of 2001. Our growth strategy has been and is today to earn the trust of our customers one job at a time. We have a client base of over 4000 properties; a network of over 350 ACT certified First Responders and one of the largest inventories of drying equipment in the nation. From day one we have been passionate about serving our clients across the country with the best available disaster response anywhere. The ACT team consists of specialists in all aspects of disaster response, who are dedicated to the pursuit of excellence in the execution of their responsibilities. It is our belief, that by paying close attention to the needs of our clients we will grow and maintain our recognition as a leader in the industry.
In an attempt to be “all things to all people,” many translation companies accept projects in languages ranging from Afrikaans to Yiddish. Yet these same firms, often lacking the internal language skills to judge the quality of work returned by subcontractors, are left to “pray for the best” about the translation’s accuracy. Since 2000, SLBT has prepared translations of documents forming the basis for domestic and international transactions, such as:- Contracts & agreements- Letters & correspondence- Balance sheets & financial statements- Articles of incorporation & by-laws
VISIT SLBT AT BOOTH 10
VISIT RIMKUS CONSULTING AT BOOTH 11
Rimkus Consulting Group, Inc. is one of the world’s foremost forensic engineering and consulting firms. Headquartered in Houston, with 41 offices across the U.S. and Europe, we work with insurance companies, law firms, corporations, government agencies and individuals to help them understand issues and resolve claims and disputes. For nearly 30 years, our extensive list of satisfied clients has found that no assignment is too large, too small or too complex for our staff to handle promptly and professionally and to report back in a clear, concise manner. We have supported those clients’ needs in every state in the U.S. and 70 foreign countries.
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WE’RE PROUD TO SPONSOR THE 2014 Hospitality Law Conference.
100 Summer Street | Boston, MA | 617-345-1000nixonpeabody.com | @nixonpeabodyllp Visit us at franchiseblog.nixonpeabody.com
We’ve acquired a taste for helping our clients achieve their business goals by staying abreast of the emerging opportunities and regulations in the food, beverage and hospitality industries.
Be our guest and join us for the following panels.
“Late Breaking Beverage Alcohol Regulatory News” February 11 at 1:45pm Vincent O’Brien, Partner
“Latest Trends in the Franchise Arena” February 11 at 4:00pm Arthur Pressman, Partner
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#HLC14 - www.hospitalitylawconference.com - 2014 Hospitality Law Conference
Hotel Accommodations & TravelOmni Houston Hotel Four RiverwayHouston, Texas 77056 For room 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 has to offer. The Omni Hotel is just ten minutes by car from the central business district and thirty minutes from George Bush Intercontinental Airport or twenty-five minutes from William P. Hobby Airport.
Daily Room Rate: $184 single / $184 double occupancy Cutoff Date: Monday, January 27, 2014
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 contacting 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.
You can also make reservations online here: http://www.omnihotels.com/FindAHotel/Houston/MeetingFacilities/2014HospitalityLawConference.aspx
American Airlines is proud to offer a discount of 5% off their online published fares. Go to AmericanAirlines.com, choose your flight times and access your meeting discounts by inserting A6624AA in the Offer Code box.
United Airlines is pleased to offer special discounts for your event. You may book online at www.united.com and enter your Offer Code ZRMC109608 in the Offer Code box when searching for your flights.
Ground Transportation
Town Car ServiceElite Town Car281-955-5450
SuperShuttleBook online at supershuttle.com and use Coupon code CSUU6 to receive a discount on your trip up to $10.
TaxiFrom Bush Intercontinental Airport: $45From Hobby Airport: $22
ParkingThe Omni Houston Hotel features the following parking options: Valet parking (Daily: $15; Overnight: $26) On-site self-parking Blue Lot (First 20 minutes: Free; twenty minutes to two hours: $8; two hours to six hours: $12; Anything after six hours: $16; Overnight: $16 each night) Complimentary parking is available in the Riverway Garage Brown Lot behind the hotel (Levels 4 & 5).
Things to Do in HoustonThe Greater Houston Convention & Visitors Bureau has provided a list of things to do at http://www.visithoustontexas.com/visitors/.
Continuing EducationMCLE
We are seeking up to 18.0 hours (1 hour of ethics) of MCLE accreditation for U.S. attorneys. 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. If you need a Certificate of Attendance, please request one at conference check-in.
HRCIThis program has been approved for 4.0 (General) recertification credit hours toward PHR, SPHR and GPHR recertification through the HR Certification Institute. The use of this seal is not an endorsement by the HR Certification Institute of the quality of the program. It means that this program has met the HR Certification Institute’s criteria to be pre-approved for recertification credit. CPE
HospitalityLawyer.com is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance
of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.learningmarket.org.
Hotel - Travel - Continuing Education
Global Ground Transportationwww.globalgroundtransport.com(800) 750 7079
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Comprehensive Package (February 10-12, 2014)- 2 1/2 daysIncludes Pre-Conference Workshops and Hospitality Law Conference presentations, Continental Breakfasts, Catered Breaks, Awards Luncheon, Wine Tasting Reception, and Cocktail Reception
• Student: $399• Association/Educator: $849• Regular Registration: $1099
Pre-Conference Workshops (February 10, 2014)Includes Pre-Conference Workshops presentations, Continental Breakfast, Luncheon, Catered Break, and Wine Tasting
• Association/Educator: $449• Regular Registration: $599
Hospitality Law Conference (February 11-12, 2014)- 1 1/2 daysIncludes Hospitality Law Conference presentations, Continental Breakfasts, Catered Breaks, Awards Luncheon, and Cocktail Reception
• Association/Educator: $649• Regular Registration: $799
SPECIAL PACKAGES Pre-Conference Workshops + One-Day Hospitality Law Conference(Monday, February 10 and Tuesday, February 11, 2014)Includes Pre-Conference Workshops and Hospitality Law Conference presentations; Continental Breakfasts, Catered Breaks, Awards Luncheon, Wine Tasting Reception, and Cocktail Reception
• Association/Educator: $749• Regular Registration: $799
One-Day Hospitality Law Conference Registration (Tuesday, February 11th, 2014)Includes Hospitality Law Conference presentations, Continental Breakfast, Catered Break, Awards Luncheon, and Cocktail Reception.
• Association/Educator: $549• Regular Registration: $699
Comprehensive Package Group Rate (February 10-12, 2014)- 2 1/2 daysIncludes complete Pre-Conference Workshops and Hospitality Law Conference presentations, Continental Breakfasts, Catered Breaks, Awards Luncheon,Wine Tasting Reception, and Cocktail Reception
• A group consists of three or more people. 20% discount off the regular registration rates is applied to the third registrant and any additional registrants.
Conference Registration Options
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REGISTRATION
4. Presentation Materials Access our conference app for all Conference Materials
1. Contact Information (please print)Name: Name for Nametag:
Firm/Company Name: Title:
Address:
City, State and Zip E-mail:
Phone: Fax:
p Check here if you have any special needs (including food allergies) so we can make arrangements 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 e-mail only?)p Yes, with e-mail address p Yes, without e-mail address p No
5. Payment Information Master Card Visa American Express Check enclosed payable to HospitalityLawyer.com
Card #:
Exp. Date: Name on Card:
Check Payments: Please send checks to HospitalityLawyer.com, 2450 Louisiana, Ste. 400-416, Houston, TX 77006.
Questions? Please contact HospitalityLawyer.com at 713-963-8800 or email [email protected].
3. Please confirm your attendance at the following events:Will you be attending the Luncheon on Monday, February 10? Yes No
Will you be attending the Luncheon on Tuesday, February 11? Yes No
Will you be attending the Reception on Monday, February 10? Yes No
Will you be attending the Reception on Tuesday, February 11? Yes No
2. Registration
Cancellation & Refund Assistance Due 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 twelve months of the date of the conference for which the attendee originally registered.
Register online at www.regonline.com/2014HospitalityLawConferenceFax completed forms to (832)-383-6770 or e-mail [email protected] February 8, 2014
E-mail: _______________________________________________________________________@_____________________________________________
Hospitality Law Conference Track (Please indicate the primary track you plan to attend. You may attend more than one track).
Food & Beverage Lodging Human Resources & Labor Relations
Pre-Conference Workshop including OMS & HILPSMonday, Feb. 10, 2014
Association/Educator $449
Early Registration (By 1/14/2014) $499
Regular Registration (After 1/14/2014) $599
Hospitality Law Conference Tuesday, Feb. 11 - Wednesday, Feb. 12, 2014
Association/Educator $649
Early Registration (By 1/14/2014) $699
Regular Registration(After 1/14/2014) $799
Comprehensive Package Monday Feb. 10 - Wednesday Feb. 12, 2014
Association/Educator $849
Early Registration (By 1/14/2013) $899
Regular Registration (After 1/14/2013) $1099
Pre-Conference Workshops (Please indicate the primary Workshop you plan to attend. You may attend more than one Workshop at the conference).
The Hospitality Insurance & Loss Prevention Summit
Hotel & Restaurant Corporate Counsel (Corporate Counsel only)
Hospitality Development
Management Agreements
CLE Credit:Will you be applying for CLE credit? If so, for which states? ______________________________________________________________________
Each registration includes access to conference app including presentations, all meals and breaks, and all evening events. Please indicate the email you would like to use to access our conference app.
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