Hospitality

BurgherGray’s Hospitality Group is dedicated to serving the needs of hospitality owners, developers, investors, and operators throughout North America.  Hospitality clients face a multitude of legal issues ranging from acquisition of land and securing permits to approvals ensuring compliance with state and federal wage regulations. 

Our multidisciplinary team brings together a wealth of experience providing comprehensive legal services in all aspects of hospitality and resorts, including purchase and sale, development and construction, finance, labor and employment issues, litigation, environmental compliance, accessibility, and liquor license matters.  We also assist clients in the negotiation and enforcement of franchise agreements.

We represent a wide range of industry players, including owners, lenders, institutional equity partners, as well as franchisors and management companies.  

We have extensive experience with:

• Hotels & Resorts
• Restaurants, Bars and Hospitality Groups
• Stadiums and Sports Complexes
• Health Clubs and Spas
• Wholesale food distributors
• Quick-service restaurants
• Food service providers
• Private club operators

Acquisitions, Dispositions and Operations: Our attorneys possess extensive experience in drafting, negotiating, and documenting a wide array of hospitality-specific documents and agreements. We assist with the preparation of purchase and sale agreements, management agreements, franchise agreements, real estate leases, licensing agreements, vendor contracts and more. Should disputes arise, we provide strategic advice and vigorous representation to protect our clients’ interests.

Corporate and M&A: We provide strategic advice on corporate structuring, mergers and acquisitions, and other transactional matters within the hospitality industry. Our attorneys have a deep understanding of the unique aspects of hospitality-related transactions, enabling us to deliver comprehensive and commercially astute legal solutions.

Employment and Labor Law: We understand the intricate employment and labor challenges that hospitality businesses face. Our team offers comprehensive counsel on wage and hour compliance, employee classification, discrimination and harassment claims, labor union matters, immigration issues, and workplace safety regulations. We are dedicated to helping our clients establish fair and compliant employment practices.

Intellectual Property: Protecting intellectual property assets is essential for fostering brand recognition and maintaining a competitive edge. We assist our clients in safeguarding their trademarks, copyrights, and trade secrets. Our services encompass trademark registration, copyright protection, licensing agreements, and enforcement actions against infringement or misappropriation.

Litigation and Dispute Resolution: In the event of legal disputes, our skilled litigators are prepared to zealously advocate for our clients’ interests. We handle a broad range of hospitality-related litigation matters, including contract disputes, personal injury claims, premises liability, intellectual property disputes, and regulatory violations. We are also adept at alternative dispute resolution methods such as mediation and arbitration.

Regulatory Compliance & Permitting: We guide our clients through the complex landscape of hospitality regulations, assisting them in achieving and maintaining compliance with local, state, and federal laws. From liquor licenses and health permits to entertainment licenses and special event permits, we provide our clients with the guidance and support needed to obtain and maintain the necessary authorizations.

Risk Management and Insurance: We assist our clients in minimizing risks and mitigating potential liabilities. Our team conducts thorough risk assessments, develops customized risk management strategies, and advises on insurance coverage to safeguard our clients’ assets and reputation. In the event of incidents or accidents, we provide guidance on insurance claims and dispute resolution.

At BurgherGray, we understand the unique legal needs of the hospitality industry and are committed to helping our clients achieve success in their projects. 

Hospitality Team: Gopal Burgher, Brian Idehen, Aimee Lin, Randy Noonan, Mark Samuel, Stevan Sandberg, Pat Valentino, Karyn Wilson

Representative Transactions

• $87M Hotel Orange County CA; representing sponsor group in 306 key hotel acquisition including entitlements for further multifamily development on site. Transaction includes assumption of CMBS debt; negotiating JV agreements with institutional limited partners; termination and restatement of franchise agreement with major chain along with rebranding to soft brand, teaming with new management company to work through change of ownership and rebranding PIP. Managing land use counsel and entitlement consultants.
• $80M acquisition of major brand hotel in Del Mar, CA; represented purchaser acquiring 284 key hotel, including significant title work and diligence relating to REAs and commercial condominium matters with adjacent office and shared parking garage. 
• Representing Seller in $50M Sale of Major Brand 216 Key extended stay hotel in Southern CA. 
• $46M CMBS loan; representing sponsor group, assignment and assumption of Loan secured by hospitality assets and multifamily development rights. 
• $50M Commercial Mortgage portfolio secured by hotel and office properties; represented purchaser in the diligence and negotiation of a sign and close performing note acquisition, including note on note financing. 
• $12M Commercial Mortgage secured by 177 key Hotel and ground floor retail; represented purchaser in the diligence and negotiation of note acquisition along with a deed in lieu agreement; assisted client post-closing in operational matters along with negotiating amendments and extensive workouts to existing retail leases. 
• Represented large restaurant franchisee in acquisition of numerous additional franchise locations.
• Represented multiple national restaurant franchisees in complex lease negotiations.
• Advise hotel chain with respect to day-to-day employment issues, including wage and hour, employee discipline, leaves of absence and claims avoidance.

Representative Litigation, Regulatory and Licensing Matters

• Defense at trial of a well-known New York City hotelier from claims of sexual orientation discrimination, hostile work environment and retaliation alleged by the General Manager of the hotelier’s flagship hotel.
• Defense of restaurant in federal court against allegations of violations of wage and hour statutes in purported class action suit.
• Representation of family restaurant in connection with audit of wage and hour practices by the New Jersey Department of Labor and Workforce Development.
• Represented corporate restaurant owners to obtain on-premises and retail liquor licenses throughout New York City.
• Represented corporate restaurant owners in administrative proceedings before the New York City Department of Health, including conducting trials before the Administrative Law Judge on health code and noise violations.
• Represented corporate restaurant owners in administrative proceedings before the New York State Liquor Authority to suspend or revoke their liquor licenses.
• Represented corporate restaurant owners in involuntary bankruptcy proceedings initiated by creditors.