Hospitality

Overview

Sheppard Mullin is a recognized leader among international law firms representing clients in the hospitality industry. Our Chambers-ranked Hospitality Team delivers a seamless set of vertically integrated resources and counseling across the entire spectrum of unique hospitality industry legal needs. Our suite of services and experience includes acquisitions and dispositions, joint ventures, fund formation, opportunity zones, foreign investment, EB-5, franchise agreements, hotel management agreements, data privacy, F&B agreements, labor and employment counseling, training, handbooks, on-boarding and union issues, litigation, financing, bankruptcy and restructurings, ADA, land use, construction and development, as well as day-to-day operational matters.

We work with hospitality clients to develop strategies that optimize their objectives and help our clients succeed by providing innovative counsel shaped by our industry knowledge and experience. Our clients include hotel brands, operators, developers, restaurants, lenders, investors and construction professionals. We represent clients in all aspects of the hospitality business – from full and limited-service hotels to boutique and lifestyle hotels, from beach and golf resorts to resort condominiums and timeshares and from destination and fast casual restaurants to entertainment centers and casinos.

For more information about our Hospitality Practice, view our Hospitality Brochure.

Clients

440 Geary Owner, L.P.
Burke Williams Day Spa
California Pizza Kitchen
Caydon
Chipotle Mexican Grill
Choice Hotels
Cisterra
Desarrolladora el Arca, S.A.P.I. de C.V.
Fogo de Chao Churrascaria
Geolo Capital Partners
Great Destinations
Great Wolf Resorts
Hard Rock Hotel & Casino Las Vegas
Hawaiian Gardens Casino
Hanjin International Corp.
Highgate Capital
Houston’s Restaurants
Hotel Del Coronado
In-N-Out Burger
InterContinental Hotels Group
J Street Hospitality
Jack in the Box
JC Hospitality
JMI Realty
KBS Capital Advisors
Landry’s
Lawry’s Restaurants
Little Caesar Enterprises
Live Inspired
LLJ Ventures
Marriott International
McDonald’s Corporation
MRR Development
Noble Food Group
Norms Restaurants
Oxford Capital Group
Pacific Hospitality Group
Pebblebrook Hotel Trust
Quadrum Global
Real Mex Restaurants
Rebel Hospitality
Recreational Capital
Reef Point Hospitality
Rockbridge Capital
Sapir Corp
Six Flags Entertainment
Sixty Hotels
Smith Brothers Restaurants
Stanford Hotels
Taco Bell
The Cheesecake Factory
Twenty-Nine Palms Band of Luiseno Mission
Viejas Enterprises

Experience

Acquisitions and Dispositions

Represented Quadrum Miami Beach, LLC, an affiliate of Quadrum Global, in its $165 million sale of The Arlo Nautilus Hotel in Miami Beach, FL to an affiliate of Sonesta Hotels.
Represented Oxford Capital Group in long-term leases with Union Investments, a German investment fund, for the Thompson Washington DC Hotel and the Porter Hotel in Portland, OR.
Represented Book Cadillac Detroit PropCo, LLC, a joint venture affiliate of Oxford Capital Group and Taconic Capital Advisors, in its acquisition of the 453-room Westin Book Cadillac Hotel in Detroit, MI.
Represented Oxford Capital Group in its acquisition of the 247-room, luxury lifestyle hotel Thompson Chicago, located in the prestigious Gold Coast neighborhood of Chicago, IL.
Represented 1400 Cahuenga JV, LLC, a joint venture affiliate of Oxford Capital Group and a Goldman Sachs entity, in connection with the $114 million sale of the Godfrey Hotel Hollywood to a joint venture affiliate of Oxford Capital Group and the Related Companies.
Represented Puerto Aventuras 2020 de R.L. de C.V. in its acquisition of the Dreams Puerto Aventuras Mexico Hotel and Resort, a hotel in Playa del Carmen, Mexico, from a wholly owned subsidiary of Playa Hotels & Resorts N. V.
Represented 233 E Ontario Hotel PropCo LLC in its acquisition of the Ivy Hotel in Chicago, IL for $23.65 million. The transaction included a $16.85 million loan for the acquisition and redevelopment of the hotel.
Represented Dana Hotel, LLC, an affiliate of Rebel Hospitality, LLC, in its $72.5 million sale of the Dana Hotel in Chicago, IL to Ponte Gadea Chicago Hotel, LLC.
Represented SF Hotel Portfolio Holdings, LLC, a joint venture of Oxford Capital Group and several Goldman Sachs managed investment funds, and its subsidiaries SF Vertigo LLC, SF Good LLC, SF Americania LLC, and SF Carriage LLC in the purchase and sale of the Hotel Vertigo, Good Hotel, Americania Hotel, and Carriage Inn located in San Francisco, CA for $132.5 million.
Represented Highgate Capital in the $212 million purchase of the ground lease interest in the Hilton Garden Inn Waikiki Beach Hotel and in the financing of the property with an approximately $154 million leasehold mortgage loan from Deutsche Bank.
Represented La Jolla Exclusive, LLC in its acquisition of the La Jolla Cove Hotel and Motel Apartments and related retail shops in La Jolla, CA.
Represented The Cheesecake Factory in its investment in two restaurant concepts created by Fox Restaurant Concepts LLC, North Italia and Flower Child.
Represented CMS Hospitality, Inc. in its sale of substantially all assets to HMS Host, the largest concessionaire in the world.
Represented BBG Communications, Inc. and several affiliates in the sale of their hospitality Wi-Fi services business in Mexico and the Caribbean to Single Digits, Inc., a New Hampshire-based internet services company.
Represented Crown Miami Hotel Owner, LLC, an affiliate of Geolo Capital II LP, in its $238 million sale of the Thompson Miami Beach Hotel to Hyatt Corporation.
Represented a joint venture entity comprised of an Oxford Capital Group entity and a Quadrum Global entity in the $20 million purchase of a stalled hotel project property located at 168 North Michigan Avenue in Chicago, IL.
Represented Oxford Capital Group and 505 Washington Owner L.L.C. in the $180 million sale of the Godfrey Boston Hotel to Union Investments, a German investment fund.
Represented Oxford Capital Group and AG-OCG 360 North Michigan, L.L.C. in the $315 million sale of the LondonHouse Chicago Hotel to a subsidiary of Union Investments, a German investment fund.
Represented ZMC Hotels in the negotiation and sale of a $220 million portfolio of approximately 30 limited service hotels and related development sites in multiple states, including the sale of the assets of the affiliated management company.
Represented Geolo Capital in the sale of its 9% interest in the Carmel Valley Ranch located in Carmel, CA to Wanxiang for $49.9 million.
Represented Oxford Capital Group and Quadrum Global in the joint venture acquisition of the Historic Essex Inn on Michigan Avenue in Chicago, IL.
Represented LLJ Ventures in the acquisition of the Sheraton Milwaukee Brookfield Hotel in Brookfield, WI; the Hyatt on Main, Green Bay in Green Bay, WI; the Baymont Inn & Suites in Fishers, IN; the Hilton Garden Inn in Wisconsin Dells, WI (and subsequent sale); the Marriott Towne Place Suites in Clearwater, FL; the Holiday Inn in Billings, MT; the Comfort Inn and Suites in San Diego, CA; the Holiday Inn Express in San Diego, CA; the Hampton Inn in Boerne, TX; the Hilton Garden Inn in Victorville, CA; the Marriott Fairfield Inn in Yakima, WA; and the Radisson Hotel in Marietta, GA, including the preparation of property management and hotel management agreements.
Represented a Southern California chain of diner-style restaurants in its acquisition by a New York-based private equity firm that specializes in franchised businesses in the restaurant industry.
Represented the owner of the Grand Hyatt Playa del Carmen in its acquisition of the property, all negotiations with Hyatt, and its financing.
Represented Quadrum Global in the buy-out of its partner and the sale of the B Ocean Resort in Fort Lauderdale, FL.
Represented an Oxford Capital Group entity in its acquisition of 360 North Michigan Avenue, a landmark former office building located at Michigan and Wacker Drive in Chicago, IL.
Represented Geolo Capital and Thompson Hotels in connection with the acquisition and financing of a site in Seattle, WA for the development of a mixed-use project including a Thompson Hotel.
Represented Geolo Capital II in its purchase of equity in Hotel 550 Wellington LP and Hotel 550 Wellington GP.
Represented Oxford Capital Group in its acquisition of a portion of 330 North Wabash (former IBM Building) in Chicago, IL for the conversion into a five-star luxury hotel.
Represented Oxford Capital Group in connection with the acquisition of a defaulted mortgage and subsequent mechanic lien foreclosure litigation of a half-completed hotel and ultimate redevelopment of 127 West Huron in Chicago, IL.
Represented Oxford Capital Group in its acquisition of the Temple Building in Boston, MA and subsequent hotel conversion.
Represented Oxford Capital Group in connection with a long-term lease and hotel conversion of the Wyndham Chicago at 633 St. Clair in Chicago, IL.
Represented Oxford Capital Group in its acquisition and redevelopment of the Doubletree Metropolitan Hotel and Radisson Lexington Hotel in New York, NY.
Represented Thayer Hotel Investors in its purchase of a hotel property in San Francisco, CA.
Represented RVR Partners and the Villas at Rancho Valencia, Inc. in the sale of substantially all assets.
Represented Kuwaiti investment company in the sale of two full-service hotels in the San Diego, CA.
Represented foreign investor in the acquisition of the Parc 55 Hotel in San Francisco, CA and subsequent sale of a majority interest, major renovation, and reflagging as the Wyndham Parc 55.
Represented Mammoth Mountain Ski Area in its $365 million sale to Starwood Global Capital Group and related transactions.
Represented one of the largest public syndicators in the United States in the acquisition of over 60 Residence Inns, Hampton Inns, and business class hotels throughout the country.
Represented Four Seasons Hotels in the formation of a partnership with VMS and acquisition of the Santa Barbara Biltmore Hotel from Marriott.
Acquisition of a controlling interest in the Atlanta Hyatt Regency at Ravinia, the subsequent transfer of the Hyatt interest to Holiday Inns as their headquarters hotel, and the further sale to Holiday Inns of the remaining interests in the Hotel.
Represented major pension fund in the sale of the Tarrytown House in Tarrytown, NY.
Represented Merv Griffin in the acquisition and financing of the Beverly Hills Hilton Hotel in Beverly Hills, CA.
Represented Prudential Real Estate in its acquisition of the Long Beach Sheraton, the Ontario Airport Hilton, and other California hotels.
Acquisition of the LAX Hilton Hotel out of a bankruptcy proceeding and negotiation of several attempted sales of the Hotel.

Joint Ventures and Funds

Represented Rebel Hospitality, LLC and certain affiliates in connection with the formation of a Qualified Opportunity Fund and its investment in a joint venture for the development of a hotel in Chicago, IL.
Represented Oxford Corktown Investor, LLC in connection with the formation and capitalization of a joint venture to acquire property and develop a hotel in Detroit, MI.
Represented Rebel Hospitality in its joint venture, acquisition, and financing of property located at 280 Grove Road, Clear Lake Shores, Galveston County, TX for the development of a resort hotel.
Represented Geolo Capital in the formation of a joint venture to develop a hotel in Los Angeles, CA.
Represented Oxford Capital Group in connection with a joint venture agreement with Goldman Sachs and the acquisition of a site in Hollywood, CA for a ground up Godfrey Hotel.
Represented KBS Strategic Opportunity REIT II, Inc. in the formation of a joint venture with Encore Hospitality to acquire the Q&C Hotel in New Orleans, LA and the rebranding of the hotel as a Marriott Autograph Collection hotel. Represented the joint venture in connection with the acquisition financing from Wells Fargo Bank as part of the acquisition of the hotel.
Represented Oxford Capital Group in the formation of a joint venture with Fir Tree Partners in connection with the Bay Harbor Hotel and Conference Center in Tampa, FL. Represented the JV in the acquisition of the property and in connection with a $34.7 million acquisition and redevelopment loan from Pacific Western Bank.
Represented Geolo Capital II in connection with the formation of a joint venture to acquire the Talbott Hotel in Chicago, IL, and in connection with the joint venture obtaining financing for such acquisition.
Represented KBS Strategic Opportunity REIT II, Inc. in the formation of a joint venture with Integrated Capital to acquire the Springmaid Beach Resort and Conference Center in Myrtle Beach, SC and the reflagging of the hotel as a Doubletree by Hilton. Represented the joint venture in connection with the acquisition financing from Wells Fargo Bank as part of the acquisition of the hotel.

Finance

Hotel Developers/Operators

Represented Godfrey Detroit PropCo LLC, an affiliate of Oxford Capital Group, in the refinance, increase and term extension of a construction loan totaling $70.9 million from an Ardent Companies-managed fund to complete the ground-up construction of an approximately 231 room upper upscale Godfrey brand hotel with ballroom, event space, rooftop deck and food and beverage facilities in the Corktown neighborhood of Detroit, MI.
Represented Oxford 127 Huron Hotel Venture Property Company, LLC on a $63 million first mortgage loan from Chicago Huron Mortgage, LLC, an affiliate of Quadrum Global. The transaction included a modification of a $25 million EB-5 Loan from Godfrey Hotel Fund, LP.
Represented SF King George LLC and SF Griffon LLC, affiliates of Oxford Capital Group, LLC, in connection with the refinancing of the King George Hotel and Griffon Hotel in San Francisco, CA.

Represented Rudra Investments, LLC in connection with a $21.4 million mortgage loan from Columbia Pacific for the Hotel Santa Rosa in Santa Rosa, CA.
Represented Essex Hotel Owner, LLC, an affiliate of Oxford Capital Group and Quadrum Global, in connection with a nearly $170 million construction loan from Goldman Sachs for a new luxury apartment tower and a hotel renovation project in Chicago, IL.
Represented 233 E. Ontario Hotel LLC in its modification of a $16.85 million loan from Prime Financial Partners for the Ivy Hotel in Chicago, IL.
Represented McHugh Construction and First Hospitality Group in a $112 million financing of the triple-branded, 466-key Hilton property at McCormick Place in Chicago, IL.
Represented Oxford Capital Group in connection with the forbearance of a loan default and subsequent loan modification of a $47 million loan from Royal Bank of Scotland for the Hotel Felix Chicago.
Represented CAA Hotel Owner in connection with the refinance and increase of an $80 million first mortgage loan from Deutsche Bank secured by the CAA Hotel in Chicago, IL.
Represented the Borrower, PNK I Group Investments, LLC, in connection with a $50 million construction loan from Mosaic Spring Street Hotel, LLC.
Represented Acron Navy Pier Hotel, LLC in connection with an approximately $44.3 million construction loan from CIBC and an approximately $14.4 million mezzanine loan from Hilton to fund the construction of a new, approximately 220-room hotel and rooftop food and beverage facility to be located on Navy Pier, Chicago, IL.
Represented Oxford FT Tampa Property Company, LLC, an affiliate of Oxford Capital Group, LLC, in a $53 million mortgage loan (including an $8 million earnout) from an affiliate of Marathon Capital.
Represented MRRDIGO LLC in the negotiation of a purchase and sale agreement to buy the Hotel Indigo Lower East Side in New York, NY for $162.5 million and in connection with approximately $73 million in bond financing for the acquisition of the Hotel on the Tel Aviv Stock Exchange.
Represented 1400 Cahuenga JV, LLC, an affiliate of Oxford Capital Group, as borrower with respect to a $56 million construction loan from United Overseas Bank Limited for the construction of the Godfrey Hotel Hollywood.
Represented Oxford Capital Group, Quadrum Global, and their joint venture entity, OQ 168 NM PropCo, LLC, with an approximately $33 million construction loan financing from Pacific Western Bank for the construction of the Hotel Julian in Chicago, IL.
Represented Oxford Capital Group, Quadrum Global, and their joint venture entity, Oxford 127 Huron Hotel Venture Property Company, LLC, in connection with a $47.5 million mortgage loan refinancing for the Godfrey Hotel in Chicago, IL.
Represented the owner of the Chicago Athletic Association Hotel in Chicago, IL, in connection with an $80 million mortgage loan financing from Deutsche Bank.
Assisted Quadrum Global with its shareholder construction loan documents between Ayya Hotel and Cybus Lending.
Represented Rockbridge Hospitality Fund IV L.P. with its $10 million loan from KeyBank National Association.
Represented Rockbridge Hospitality Fund IV L.P. with its $22 million loan from Emigrant Realty Finance, LLC.
Represented PNK I Group Investments, LLC in connection with a $30.6 million construction loan from Choice Hotels for a Cambria Hotel in Los Angeles, CA.
Represented Oxford Capital Group in connection with an EB-5, senior and bridge loan financing for The Godfrey Hotel in downtown Chicago, IL.
Represented an affiliate of the Sapir Organization in connection with the hotel and operational related aspects of the financing of the Mondrian Soho in New York, NY. The property was acquired by 9 Crosby, LLC pursuant to foreclosure proceedings.
Represented AJ Capital and Geolo Capital in the creation and implementation of a historic tax credit investment master lease structure with a US Bank entity for its CAA Hotel project. The structure also involved restructuring a senior construction mortgage loan and a mezzanine loan.
Represented Choice Hotels related to: (1) the expansion of Choice brands into international markets, (2) the construction of Choice branded hotels in key cities and locations in the United States, including using financing and equity to expand and maintain Choice brands, and (3) development and entitlement of hotels in California.
Represented Marriott International in the refinance of the Ritz-Carlton Denver and LA Live.
Represented Joie de Vivre, a subsidiary of Geolo Capital, in connection with an amendment to its credit facility with Goldman Sachs relating to Collins Miami Beach Hotel in Florida.
Represented Whitehall in a 28-property, $240 million select service hotel portfolio, and negotiated an $80 million fixed rate loan secured by hotels owned by Wyndham International.

Lenders

Represented a large NYC-based private equity firm in connection with the refinancing of the 2,500-room Rio Hotel and Casino in Las Vegas, NV.

Represented Hillcrest Finance LLC in a $8.3 million mezzanine loan for purposes of refinancing existing debt at Holiday Inn SFO.
Represented Hillcrest Fund KG Investments LLC in a $5 million mezzanine loan for purposes of refinancing existing debt at Hampton Inn JFK.
Represented PIMCO in a $33.5 million commercial mortgage loan to refinance four select service hotels in California, Colorado, Tennessee, and Washington.
Represented Comerica Bank on a $32 million construction loan for a 99-room hotel adjacent to the Bicycle Casino in Bell Gardens, California. The loan involved a Ground Lease parking parcel, negotiation of a Tri-Party Agreement with Interstate Management Company as Operator, and casino-related negotiations with the State of California and local government agencies.
Represented GE Capital Real Estate as Administrative Agent and lender in connection with an $85 million syndicated loan to finance the acquisition of eleven select service hotels located in five states.
Represented GE Capital Real Estate as Administrative Agent and lead lender in connection with a $77.3 million syndicated loan to finance the acquisition of eleven select service hotels located in five states. This deal involved Hilton, Marriott, and Choice Hotel operators.
Represented GE Capital Real Estate as Administrative Agent and lead lender in connection with a $63 million syndicated loan to finance the acquisition of a Fairfield Inn & Suites select service hotel in midtown Manhattan, NY.
Represented a subsidiary of Recreational Capital in connection with a loan origination program related to a fractional ownership project located in Tuscany, Italy. The project is being marketed and managed by Hilton and will be part of their club structure. As part of the same transaction, we are representing the RecCap entity in connection with their financing facility from Colebrook Capital which will be secured by the timeshare notes originated for the Italy project.
Represented Bank of America in connection with a $10 million line of credit to Welk Resorts, LLC which loan was secured by unpledged notes receivable generated by Welk’s sales of timeshares within the Welk global timeshare resort network. The deal involved negotiation of a complex intercreditor agreement with Welk’s other first priority lenders.
Represented GE Capital Real Estate in connection with a $27 million acquisition loan to finance an Aloft hotel in Cupertino, CA.
Represented Comerica Bank in connection with its $15.6 million refinance/rehab loan secured by the Auberge luxury boutique hotel in Napa Valley, CA.
Represented GE Capital Real Estate in connection with its $43.5 million refinance/rehab loan secured by the Del Mar Hilton in Del Mar, CA.
Represented GE Capital Real Estate in connection with its $24 million refinance loan secured by the Epiphany boutique hotel in Palo Alto CA.
Represented GE Capital Real Estate in various hotel re-financings several boutique and branded hotels. Loan amounts ranged from $17 million to $27 million and the assets were located in Silicon Valley, Roswell Georgia and Philadelphia, PA.
Represented GE Capital Corporation in various hotel re-financings for several boutique and branded hotels including the Embassy Suites in Pittsburgh, PA and the Meridian in Idaho.
Represented GE Capital Real Estate and other lenders to Goldman Sachs entities in a $1.1 billion loan secured by mortgages/deeds of trust on 111 hotels in 34 States. Flags included Hilton, Hyatt, Marriott, Intercontinental, and Wyndham.
Represented Textron Financial in various hotel financings, both in the United States and Mexico.
Represented Bank of America in financing casino industry and hotel loans for the Mirage Hotel, Caesars, MGM Grand, Circus Circus, and other Las Vegas hotels.
Represented Bank of America as the lead bank and administrative agent in connection with a $190 million syndicated credit facility to the South Point Hotel, Casino & Spa in Las Vegas, NV.
Represented Bank of America as the lender in connection with a $40 million senior credit facility to the Edgewater Hotel and Casino and the Colorado Belle Hotel and Casino in Laughlin, NV.
Represented Banc of America Leasing & Capital, LLC, as the lead bank in connection with a $32 million syndicated credit facility to the Margaritaville Resort Casino in Bossier City, LA.

Development and Land Use

Represented Lightstone Group to successfully entitle and develop two Marriott hotels, the Moxy and AC Hotels, in Downtown Los Angeles, which won the hotel development of the year award in 2023. The strategic entitlement plan secured approvals for over 700 hotel rooms and 12 onsite restaurants, nightclubs, and lounge bars. The firm also entitled an onsite sign district that generates millions of dollars per month in advertising revenue, negotiated labor agreements that allow non-union hotel operations, and secured approximately $70 million in tax rebates from the City of Los Angeles. We continue to advise on land use and real estate issues for smooth hotel management.
Counselled Pebblebrook Hotel Trust through the land use aspects of resolving an eight-year-old Notice of Violation issued by the Coastal Commission to make way for the hotel resorts conversion to a Margaritaville.
Represented Caydon in the successful entitlement of the California Theatre Hotel in downtown San Diego, including resolution of CEQA litigation by a local historic preservation group turning them into project supporters and earning a unanimous approval from City Council despite the strong opposition from local environmental groups and hotel unions using a divide and conquer strategy among hotel and construction labor unions.
Represented Choice Hotels in the due diligence efforts on six downtown San Diego hotel sites.
Represented Reef Point Hospitality on the successful permitting and resolution of union objections to development of a downtown San Diego hotel site using a divide and conquer strategy among three separate construction unions while not attracting attention from the local hotel union.

Represented Blue House Hotel in the negotiation of a master agreement with Starwood for the development of the Frida Kahlo brand of hotels in Latin America.
Representation of a private individual on a mixed-use hotel project on Sunset Boulevard in Hollywood. In addition to managing the environmental review process and development team, we also are advising our client on community engagement, political support from elected officials, and litigation risk assessment.
Representation of Koar Institutional Advisors on a 160-key mixed-use hotel project on Selma Avenue in Hollywood. In addition to managing the environmental review process and development team, we also are advising our client on community engagement, political support from elected officials, and litigation risk assessment.
Representation of Grupo Habita on a 66-key, mixed-use hotel in Downtown Los Angeles’ Arts District on Alameda and 4th Streets. In addition to managing the environmental review process and development team, we also are advising our client on community engagement, political support from elected officials, and litigation risk assessment.
Represented the Hotel Del Coronado in an appeal of coastal development permit to the California Coastal Commission for the Hotel Del Coronado Amended Master Plan, designed to add a new conference center and new guestrooms to the historic hotel.
Represented Hawaiian Gardens Casino on permitting matters for a casino project.
Represented Beverly Hills Hospitality Group on a land use entitlement matter.
Represented the Yosemite West Lodging Company in a land use matter in Mariposa County, CA.
Provided Stations Casinos with land use advice regarding various projects.
Represented Pacific Hospitality Group in negotiations of a development agreement and lease with County of San Diego, CA.
Represented Lane Field San Diego Developers, LLC in the appeal of its Port-issued Coastal Development Permit, successfully obtaining approval of the permits from the California Coastal Commission to allow this $115 million project to move forward and to activate San Diego’s bayfront with two hotels, visitor-serving retail, underground public parking, and nearly two acres of public space.
Provided Citigroup with land use and real estate due diligence counsel in connection with the foreclosure of the St. Regis Monarch Beach. The review and analysis of Coastal Commission and City of Dana Point entitlements assisted Citigroup with assessing the true valuation of the hotel and the potential of future entitlements on the property.
Represented Strategic Hotels & Resorts in connection with an expansion of one of the country’s most breathtaking and renowned resort destinations, the Ritz Carlton Laguna Niguel in Dana Point, CA. The project required negotiations with the City of Dana Point and the California Coastal Commission, and preparation of the Mitigated Negative Declaration under CEQA. City entitlements were achieved for 38 additional ocean view hotel rooms, 10,000 square feet of new meeting/ballroom space, a 1,000 square foot retail expansion, 4,000 square feet of new office space, and removal of three or four tennis courts.
Represented Lumiere Carlsbad Village Hotel in obtaining a Major Redevelopment Permit Tentative Tract Map and Coastal Development Permit to allow construction of a four-story, mixed-use project with 39 hotel rooms, 10 market-rate condominiums, two affordable housing units, and a restaurant in a coastal redevelopment area.
Represented C.W. Clark, Inc., in the equity formation and land use work connected with a redevelopment project involving the construction of a new hotel and refurbishment of improvements related to an adjacent arts and culture center. This representation required the formation of an LLC to operate the project. In addition, the entitling of the land further required review of CEQA documents, permit processing and the negotiation of a Disposition and Development Agreement with the City of Escondido, CA.
Represented The Montage Hotel in Laguna Beach, CA for Coastal Commission permits.
Represented the developer of the Four Seasons Aviara in Carlsbad, CA in a 1,000 acre planned community development with Arnold Palmer Golf Course and a resort hotel located on Bataquitos Lagoon in the City of Carlsbad.
Obtained land use entitlements for the Embassy Suites in South Lake Tahoe and a 100 room expansion of the Napa Clarion Hotel.
Provision of all legal services in connection with the renovation of the Campton Place Hotel in San Francisco, CA and the Checkers Hotel in Los Angeles, CA.
Represented Underwater World at Pier 39, San Francisco, in the processing of entitlements and resulting land use litigation.
Represented the developer of the Hyatt Grand Champions in Indian Wells, CA.
Represented developers of mixed-use and master-planned resort communities in negotiation of ground leases with Marriott and Heritage Hotels and hotel site acquisition agreements with Princess, Westin and Sheraton Hotels.

Labor and Employment

Represent Six Flags Entertainment in employment issues for various parks nationwide.
Represent Marriott International in connection with California wage-hour standards and employment discrimination claims.
Represented Great Wolf Resorts with respect to union organizing and employment law compliance related to the opening of a new facility in California and Americans with Disabilities Act (ADA) general and website accessibility.
Provided Stanford Hotels with employment law advice and guidance on union issues, as well as representation in employment litigation.
Represented Starwood Hotels and Resorts in regard to a collective bargaining agreement.
Represented Holiday Inns in connection with labor organizing efforts.
Represent Oxford Capital Group on various labor and employment issues.
Sexual harassment and discrimination prevention (both English and Spanish language) training for the MGM/Mirage.
Represented Viejas Casino in various labor matters, including wrongful termination claim and management training on how to stay non-union.
Represent Hawaiian Gardens Casino on various labor issues.
Represent Noble Food Group on various labor issues.
Defeated class certification in a nationwide class action lawsuit on behalf of a national restaurant group alleging overtime, meal and rest period violations, failure to reimburse for expenses, waiting time penalties, and other derivative claims.
Defeated class certification on behalf of a national restaurant chain in case involving claims of meal and rest period violations, unpaid overtime and off-the-clock violations.
Defeated class certification on behalf of a national seafood restaurant group in a putative class action alleging overtime, meal period, rest period, vacation, pay stub, final pay and unfair business claims.
Defeated class certification on behalf of an upscale San Francisco restaurant in a case involving failure to provide meal and rest periods, failure to reimburse for uniforms, and pay stub, overtime and off-the-clock violations. Upheld on appeal.
Defeated class certification in a class action lawsuit against a national restaurant and retail group alleging failure to reimburse for uniforms, failure to provide meal and rest breaks, and other derivative claims.
Compelled individual arbitration and dismissal of class claims on behalf of a Southern California restaurant chain in a class action alleging overtime, meal period, rest period, final pay and unfair competition claims.
Defeated class certification on behalf of a Southern California restaurant chain in a class action alleging meal period, rest period, final pay, pay stub, unfair business practice and PAGA claims. Upheld on appeal.

Immigration

Sheppard Mullin’s immigration attorneys skillfully guide clients through the ever-increasing, complex web of rules, policies, and regulations governing U.S. immigration and global mobility. Sheppard Mullin’s multi-disciplinary approach provides U.S. employers with comprehensive advice on immigration matters and the interplay between immigration and employment, tax, corporate, and securities laws.

Transactional Support for U.S. Immigration

Sheppard Mullin’s Immigration practice spans the entire process from non-immigrant visas through permanent residency and naturalization. We advise on the application for various non-immigrant visas for the employment of foreign nationals in the U.S., applications for permanent resident status (“green cards”), labor certifications, and administrative matters before U.S. Citizenship and Immigration Services (USCIS), U.S. Department of Labor (DOL), U.S. Customs and Border Protection (CBP), Immigration and Customs Enforcement (ICE), U.S. State Department (DOS), and the Department of Justice (DOJ). We routinely advise on the following types of matters:

Non-Immigrant Visas: B-1 visitors, E-2 investors, E-3 professionals, F-1 students, H-1B professionals, J-1 interns and trainees, L-1 intra-company transfers, and O-1 extraordinary ability
Permanent Residency: Applications for permanent resident status (“green cards”), including PERM Labor Certifications to prove a shortage of U.S. workers to the U.S. Department of Labor and I-140 immigrant petitions based on many categories
Government Agency Work: Administrative matters before DHS, DOL, the State Department, and DOJ
I-9 and E-Verify Policies and Systems: I-9 compliance issues, I-9 verification procedures, ICE audits, and government enforcement proceedings

Intellectual Property – Trademark and Brand Protection

Represented West Elm, a division of Williams-Sonoma, in the expansion of its powerful brand and aesthetic into the travel and hospitality industry with the establishment of West Elm HOTELS, as well as in the creation and structuring of the relationship with its partner on the project, DDK, a hospitality management and development company.
Represent Hyatt in multiple infringement actions, as well as for oppositions and invalidation actions involving its trademarks in China.
Represent Cachet Hotel Group in the management of its global brand portfolio – including global trademark filing, registration, and enforcement.
Represent Drai’s Entertainment in the management of its global brand portfolio – including global trademark filing, registration, and enforcement.

Management and Operations

Represented Oxford Hotels and Resorts LLC in connection with a hotel management agreement for the Hotel 166 in Chicago, IL.
Represented Oxford 127 Huron Hotel Venture Property Company, LLC, an affiliate of Oxford Capital Group and Quadrum Global, in connection with the lease of ground floor restaurant space at the Godfrey Hotel Chicago.
Represented Oxford Hotels & Resorts, LLC, an Oxford Capital Group entity, in signing of Hotel Management Agreement to manage a Cambria Suites Hotel in Phoenix, AZ.
Represented the owner and developer a 400-room, all-inclusive resort under construction in Riviera Maya, Mexico, in negotiating a Hotel Management Agreement with an international hotel operator company.
Represented PNK I Group Investments, LLC in connection with a franchise agreement with Choice Hotels International.
Represented Oxford Capital Group in connection with a development management agreement and hotel management agreement with Goldman Sachs for the Godfrey Hotel Hollywood.
Represented Oxford Capital Group with the hotel management agreement for the Hotel Versey, Lincoln Park, IL.
Represented a major restaurant chain in connection with an exclusive licensing agreement with a Kuwait-based, multinational retail franchise operator to develop up to 22 restaurants over the next five years in the United Arab Emirates, Kuwait, Bahrain, Qatar and the Kingdom of Saudi Arabia, with the opportunity to expand the agreement to other markets in the Middle East and North Africa, Central and Eastern Europe, Russia, and Turkey.
Represented Consorcio Hotelero Pegasus, S. de R.L. de C.V. in its negotiations with Starwood for franchise agreements for four Aloft Hotels in Mexico.
Represented Molokai Partners in negotiation and drafting of the management agreement for the Inn at Jackson Hole.
Represented Aloft Hotels in the negotiation of a “master framework agreement” and model franchise agreement for the development and franchising of a series of Aloft Hotels in Mexico.
Represent Thompson Hotels in connection with new hotel management agreements and various litigation issues.
Represented NALIBESA SA in its negotiations of a hotel management agreement with Hyatt for a Hyatt Hotel in Bogota, Colombia.
Represent Sixty Hotels in connection with new hotel management agreements for hotels that they own and/or manage.
Represented Hilton Worldwide with art related matters for the Arizona Biltmore in Phoenix, AZ.
Represented Choice Hotels on a licensing deal with Akamai Technology.
Represented Blue House Hotel in the negotiation of a management agreement with Starwood for the Frida Kahlo brand of hotels in Latin America.
Represented LLJ Ventures in the negotiation of management agreements for the purchase of Hilton Garden Inn in Wisconsin Dells, WI, the Comfort Inn and Suites in San Diego, CA; and the Holiday Inn Express in San Diego, CA.
Represented Wells Fargo Bank in a license and franchise agreement of their real estate owned property the Sheraton Colonial in Boston, MA.
Represented Collins Development in the negotiation of a management agreement of the La Valencia Hotel in La Jolla, CA.
Represented Landmark Leisure Group in regard to trademark and trade dress matters.
Represented Blue House Hotel in the negotiation of technical services and trademark agreements for the Frida Kahlo brand of hotels in Latin America.
Represented Tarsadia Hotels in regard to potential investments in China.
Representation of hotel owners in negotiating management agreements, franchise agreements and technical services agreements with each of the major US hotel companies, as well as with independent hotel operators. Several of our attorneys have also represented such major hotel companies as Four Seasons Hotels and Westin Hotels in negotiating management and related agreements on behalf of the operator.
Represented major pension fund in the restructuring of its ownership interests in a hotel and convention center to avoid unrelated business taxable income.
Represented owner of the Waterfront Hilton in Newport Beach, CA in a major construction dispute.
Transfer of California alcoholic beverage licenses and advice to clients in structuring a license holding entity and its relationship to other hotel operations.
Advice to clients concerning sales and use tax liability.

Restructurings, Workouts, and Bankruptcies

Represented Marriott International in connection with the chapter 11 case of RKJ Hotel Management, LLC.
Represented Bank of America as the agent on a $150 million syndicated credit to Highlands Hotel with various steps including a state court receivership in California, the post-foreclosure sale of the project, varied litigation concerning condominium purchasers, land use negotiations, mechanic’s lien litigation and creditor representation in the Chapter 11 proceedings of the guarantor in Delaware.
Represented Bank of America on $40 million syndicated loan concerning Hyatt-based hotel and condominium and related receivership proceedings.
Represented Bank of America as agent in large credit concerning Las Vegas Fontainebleau hotel bankruptcy and related workout and litigation proceedings in various jurisdictions.
Represented GE Real Estate on extensive restructure/deed in lieu process concerning the Reno, NV Marriott Courtyard hotel owner as part of a larger securitized credit.
Represented special server, Berkadia, concerning the receivership and bankruptcy of Palm Springs Comfort Inns in Palm Springs, CA.
Represented Marriott International in creating protective language for their business deals, in disputes with owners, in restructuring financially distressed properties, and in bankruptcy, receivership and foreclosure matters worldwide.
Represented Marriott International in the restructuring of two significant deals in Denver, CO involving high profile mixed used properties and complex funding mechanisms with multiple lenders.
Represented company on new construction and finance deal in Los Angeles, CA for large Marriott-branded hotel in well-known high profile complex.
Represented Marriott International in workout of high profile hotel in Europe with highly unique, complex funding structure and layers of financing where primary lenders had been acquired by the federal government and were foreclosing on the property.
Represented Marriott International in recovering substantial termination damages from rejection of long term management agreement which issues had been a matter of first impression for the bankruptcy court in the Southern District of New York.
Represented Marriott International in the receivership and bankruptcy of numerous hotels in the Midwest, New Jersey, Texas, and Georgia in negotiating receivership orders that protect the company and its valuable intellectual property and customer information.
Represented Marriott International in termination of brand flag from franchisee in bankruptcy, included complex deal issues and termination of lender rights.
Represented Marriott International as franchisee of Scrub Island on post-petition contract issues for one of Marriott’s premier Caribbean properties.
Represented Marriott International in dispute with owner over Edition hotel in Waikiki – Worked out an immediate deal with senior lender to pay off existing loan. Worked with the private equity investor/mezzanine lender on a consensual settlement. Litigated damages issues relating to termination of manager.
Represented MICC (Marriott’s lending arm) in restructuring of debt at Ritz-Carlton Kapalua – consensual restructuring of hotel debt with non-Marriott owner.
Represented ZMC Hotels in a loan restructuring matter.
Representation in workouts involving the Bonaventure Hotel, the LAX Hilton, the Anaheim Hilton, the US Grant, the Loew’s Coronado in San Diego, CA, and the All Star Inns chain.
Represented Creditors Committee in a Chapter 11 proceeding involving the Omni Hotel in San Diego, CA.
Represented acquirer of a pool of approximately 20 loans secured by small hotels.

Design and Construction

Assist Madison Square Garden with a variety of legal issues and disputes arising from the construction of The Sphere, a next generation concert and events venue in Las Vegas, NV.
Represented Marriott International in the negotiation of construction contracts for various properties in the United States.
Represented Oxford Capital Group in all design and construction contracts for the Godfrey Hotel Chicago, LondonHouse Chicago, Godfrey Hotel; Hollywood, Godfrey Hotel Detroit, and Essex Le Meridien Hotel in Chicago, IL.
Represented developer with drafting of series of construction, design and construction management contracts, general advice, and prevention/mitigation of claims in connection with the development of the largest resort destination in the Caribbean.
Represented Bahamar Development in the negotiation of hotel construction contracts.

Litigation and Arbitration

Advised InterContinental Hotels Group in connection with its rights and obligations under a management services agreement with Service Properties Trust for an over 100 hotel portfolio.
Represent InterContinental Hotels Group in connection with various litigation issues.
Represented Denihan Hospitality Group in disputes involving the owners and Ark Investment Partners as manager of owners.
Represented Denihan Hospitality Group in contract negotiations with owner of The James hotel in Florida.
Defended developer of “lifestyle shopping mall” against mechanics lien foreclosure action brought by architect. Obtained order releasing lien from title.
Represented developer in defects lawsuit against contractor, subcontractors, sub-subcontractors, supplier and consultant involving luxury high-rise apartment building in Santa Monica. Achieved highly favorable settlements, including in the middle of jury selection.
Represented agent bank in connection with mechanics lien and defect litigation, and dispute with asset manager arising out of the development of the Ritz Carlton Highland Hotel in Lake Tahoe, both pre- and post-foreclosure.
Trial counsel for a national hotel developer in a multi-million dollar delay and inefficiency mechanics lien claims involving a mixed use project in Chicago, IL. Defeated all claims after a three week trial.
Trial counsel for a lender and national hotel developer involving base contract and extra mechanics lien claims on a partially built hotel in Chicago, IL. After a two week trial, achieved substantial reduction in lien value.
Defeated, on behalf of a national hotel developer, a general contractor’s mechanics lien claims asserting base contract and extra claims involving a Chicago, IL-area hotel project. Defeated all claims through summary judgment motion practice.
Represented international hotel developer in defending against multi-million dollar inefficiency claims involving a hotel development in St. Louis, MO. Achieved a claim value less than client’s final settlement offer after week long arbitration.
Prosecuted on behalf of a national hotel and condominium developer claims related to a defective hydroponic heating and cooling system installed in a 100 year-old hotel building on the South-Side of Chicago, IL. Settled the matter on favorable terms.
Represented regional developer in the resolution of construction and design defect claims related to suburban Chicago, IL hotel development. Settled matter through mediation without the need to incur the expense of litigation.
Represented national contractor in prosecuting base contract and delay claims against a hotel project in Chicago, IL. Favorably settled the matter after the close of discovery.
Defeated class certification on behalf of a national restaurant chain in a case alleging that the client misrepresented that its meats were naturally raised.
Obtained dismissal of class actions filed against a national restaurant chain alleging that it has a duty to disclose certain ingredients on its menus.
Represented an international restaurant chain in highly-publicized litigation brought by vegetarians, Hindus, and kosher Jews in California, Washington, Texas, New Jersey, and Illinois state courts involving alleged non-disclosure that the Company’s french fries contained beef flavoring. We took the lead role in negotiating an innovative global settlement involving a $10 million cy pres fund and creation of a vegetarian advisory board, among other things.
Achieved a complete win for a regional chain of fast food restaurants in three consolidated cases alleging claims under the Americans with Disabilities Act, California Disabled Persons Act, and Unruh Act.
Obtained summary judgment on behalf of a national restaurant chain in a case involving disability access claims under the Americans with Disabilities Act.
Represented Four Seasons’ timeshare operating company in an arbitration against the owner of adjacent hotel property.
Represented Promus Hotels in an arbitration against the hotel owner concerning rights under the license and franchise agreements.
Represented Keating Hotel Company in an arbitration against its funding source for various contractual breaches.
Represented Eurohypo AG as head of a lender consortium in litigation affecting ownership of the Montelucia Resort in Scottsdale, AZ.
Represented Hardage Hotel Group in litigation concerning internal operational issues.
Represented international hotel company regarding breach of non-disclosure agreement.
Represented Thompson Hotels in various litigation matters.
Represented Ballantyne Resort in regard to a potential consumer fraud matter.
Represented Lane Field San Diego Developers, LLC in defending against land use (CEQA) litigation brought by the hotel workers’ union, UNITE HERE Local 30.
Represented Hotel Del Coronado in defending its entitlements against a land use (CEQA) challenge brought by UNITE HERE Local 30, and in the appeals filed to the California Coastal Commission.
Represented C.W. Clark, Inc., in the defense of a land use (CEQA) litigation brought against its planned Marriott hotel.
Representation of hospitality companies in labor and employment litigation, including ADA and non-compete agreements.
Representation of hospitality companies in franchisor/franchisee disputes and management company disputes.
Representation of parties in a territorial exclusivity disputes.

Antitrust and Competition

Recognized by Chambers, Competition Law360, Legal 500, Global Competition Review, and SuperLawyers, among others, our team has more than 30 attorneys who do nothing but practice antitrust and competition law and includes former high-ranking officials and trial attorneys from the FTC and the U.S. Department of Justice, Antitrust Division.

The hospitality industry has been undergoing dramatic changes in recent years, with consolidation occurring across several key sectors. At the same time, the industry faces increasing antitrust risks as the Biden administration and State Attorneys General continue to ramp up their antitrust enforcement efforts and as plaintiffs challenge certain business practices.

These risks have led a growing number of companies to turn to our leading global antitrust and competition group, as the hospitality industry is a key focus of our practice. Our antitrust attorneys have represented several key players in the industry, including hotels, travel agencies, and consortiums, on a wide range of antitrust issues. We have significant expertise regarding antitrust issues related to potential transactions, pricing practices, and government investigations and litigation. We are also recognized as thought leaders in this space, as we frequently speak and write on these topics.

Data Privacy

National privacy class actions arising from SMS message campaigns under the TCPA.
National privacy class actions arising from alleged call monitoring and recording.
Numerous class actions brought under California’s Song-Beverly Act and other California privacy laws arising from alleged collection and use of customer information in connection with credit card transactions.
FTC investigation regarding the collection and use of user information in connection with behaviorally-targeted advertising.
Formation of privacy policies and data security programs, compliance with privacy laws and regulations, data security breach issues, and constitutional, statutory, and common law privacy issues.
Responding to large scale, multi-jurisdiction data security breach incidents, including complying with state data security breach notifications laws and coordinating efforts with technology and public relations consultants to develop a holistic response to meet client’s legal obligations and help mitigate negative publicity.
EU Privacy Safe Harbor Certification in connection with transferring data from the European Union to the United States, which includes conducting an initial privacy due diligence review, revising privacy policy and modifying practices to conform to EU Privacy Safe Harbor Principles, and preparing and submitting the EU Privacy Safe Harbor Certification application.