In this article, I explore potential ways that a hotel, restaurant, or similar hospitality establishment can use exceptions to discrimination laws to capitalize on sex appeal while still remaining within the bounds of the law. Gender or sex discrimination is, of course, never appropriate. However, the fact that a hospitality establishment capitalizes on sex appeal is not in and of itself illegal. The distinction likely turns upon whether gender-specific hiring enhances the "authenticity" of the establishment, and whether provocative dress is reasonable under the circumstances and is applied equally to both male and female employees. READ MORE

Any discussion of the benefits of arbitration over litigation generally parrots the "well known" benefits. That is, arbitration is generally viewed, by both lay persons and even by most attorneys, as a more economical and efficient method of resolving disputes than traditional litigation. Attorneys and parties are often surprised when arbitration includes complex and burdensome discovery, motion practice, and expensive hearings. As explained below, the line between arbitration and litigation has, at least in some instances, disappeared. READ MORE

During the past couple of years, it's been hard to miss articles in the press concerning one or more aspects of the proliferation of the "condo hotel." Those articles have generally dealt with potential issues that might arise from the new mixed property uses, the soundness and reasons for investments in condo hotels, and legal issues relating to the purchase, sale, and management of the condo hotel. One potential issue that was the subject of many articles concerning the condo hotel boom - - including an article by this author - - was whether dissatisfied condo-hotel unit owners would seek to assert claims against developers alleging that the sale of a condo hotel unit constitutes the sale of a security, thus giving rise to the right to rescind a condo unit purchase contract and seek damages, under federal and state securities laws. READ MORE

Top fitness professionals stay abreast on current researches and advances in the field to forecast exercise trends and serve a crucial role in promotion into the general population. Health clubs must also chart these trends but have the additional burden of working within limitations of space and budget to provide their members to access to these trends. This is especially true for hotel fitness centers that, due to certain variables such as limited space and non-staffed facilities, must try to offer these trends to their guests when feasible. Following are ten current exercise trends that can be incorporated into the hotel fitness center.. READ MORE

With concern about climate change on the rise, consumers expect businesses to do their part to reduce their negative environmental impact. A recent survey by Tripadvisor.com indicates that environmental friendliness is an important travel-planning consideration for many individuals, with 34% of respondents stating they would be willing to pay more money to stay at an environmentally-friendly hotel. For this very reason, hotel executives are beginning to recognize the importance of turning their gardens green by using sustainable landscaping techniques. READ MORE

The wave of mergers and acquisitions activity, fueled by record hotel profits, globalization and an influx of private equity money, is increasing the market power of the big industry players. Hotel giants have been accumulating multiple brands - either in multiple market sectors or in a single sector - and that trend is expected to continue. As a result, fewer competitors hold larger market shares with more control over the nature of competition in various market segments. These industry trends can draw unwelcome attention from more than just the trustbusters. Competitors and business partners alike have significant incentives to engage in private antitrust litigation, and this only adds to the antitrust concerns that keep your lawyer up at night. READ MORE

Two dark horses have emerged in the current economic climate both competing for hospitality industry and real estate consumer and investment dollars. The contenders are Extended-stay hotels and Multi-family Apartments MFAs). Extended-stay hotels are competing by trading in their economy pedigree and emerging as upscale alternatives to traditional business traveler accommodations. MFA's are responding to the changing market place by offering short-term leases to market segments that traditionally would not be considered rental property consumers. The convergence of long-term stays and short-term leasing creates interesting legal issues as hoteliers and landlords blur the lines between traditional hotel stays and leases of rental property. READ MORE

Mergers and acquisitions, disputes over management agreements, and fights for ownership of guest information. These are just some of the issues among today's hospitality industry headlines. As a lawyer often involved in these sorts of matters, we often must work with the news media - and manage the glare that follows high-profile hospitality issues. While many lawyers shy away from public comment on these matters, we believe that it is better to help our clients navigate the waters of public relations. In fact, we consistently recommend that our clients - whether managers, owners, investors or otherwise - work with the news media when involved in high profile hospitality disputes. READ MORE

In the evolving legal landscape between hotel operators and owners, the operator's primary goals remain the same to maximize brand recognition and revenue. These goals, however, are often in conflict with an owner's focus on his hotel's bottom line. As a result, owners should protect themselves from operators that all too frequently seek to compete against the very hotels from which they are reaping significant management fees. One way that owners can do so is by pressing the duty of loyalty that operators owe them as managers of their hotel -a duty which prevents the manager from competing with them. READ MORE

Private hospitality companies have many important challenges - from ensuring quality for customers, to developing a sustaining culture and brand, to building a great workforce, to building shareholder value, to aligning investor, customer and employee interests. Effective corporate governance can contribute real value in forwarding the purposes of the company. And this is not just important for public companies; it's an imperative for private companies as well. All companies need a formal governance structure. That's the easy part. Elect a Board, hire senior management, and develop a structured decision-making environment. Delegate, empower and hold people accountable. Develop a meaningful business model and strategic plan for your business. The real question is - with all of this formal structure in place, what governance model adds value to the enterprise and eliminates waste? The answer: governance based on Valuable Senior Purpose, Valuable Communication, a Culture of Transparency and Alignment. READ MORE

Real-time, seamless, transactional booking is the future of small meetings. Unlike the transient side of hospitality and because of the inherent complexities associated with group business, the meetings industry has struggled to provide buyers and suppliers with frictionless booking capability. Changes are on the horizon, but we still remain in the infancy stage of booking meetings in real-time. READ MORE

Just as hotels operate more smoothly with focused guest communication, a private residence club must also provide consistent, informative communication to its homeowners. Homeowners have a stake in the success of the property from both a resort and a real estate perspective; anticipating and addressing their concerns is crucial to productive hotel-homeowner relationships. The relationship between management and residence owners at fractional private residence clubs is a complex one-it requires special attention to issues that are new to most hoteliers. With this in mind, here are the important things to consider when communicating with residence owners: READ MORE

No matter what your job title, as a hotel executive you are always in the business of hospitality sales and marketing. The core of your success centers on the guest experience. The question is how best to convey the message that you adhere to your vision? How best to let people understand what makes you unique? How best to let people know that you fit their needs? If you say PR, I agree. But exactly what does that mean? READ MORE

The new year has begun and now is the time every business is setting their 12 month sales goals. Here are two words which could easily give you a significant boost in your sales this year - follow up. Two simple words that are rarely followed in a timely fashion and in some cases ignored completely. We are in the age of instant information. Because of technology we now have the opportunity to connect 24/7 with anyone around the world. People carry their cell phones with them to the grocery store, the restaurant, the bank and the movie theatre. From your phone you can send e-mails, documents, text messages and receive pictures across the globe. READ MORE

You're in a "service" industry which by its very definition implies that "service" should be your number one priority. Webster Dictionary defines "service" as work done or duty performed for another or others. In the hospitality industry, "service" typically takes on an added definition implying favorable treatment or a positive attitude while performing a duty for another or others. The hospitality industry has gone through great lengths to raise the customer's expectations of what "service" they can expect from hotels, airlines, spas and restaurants. READ MORE