Relevant Hotel + Hospitality Litigation Experience

• The owner of the St. Regis Ft. Lauderdale (now Ritz Carlton) in achieving, after a nine-week trial, a $44 million judgment against Starwood Hotels and then, after proving Starwood’s breaches of the management contract with the hotel owner/developer, obtaining an additional award of $9 million in attorneys’ fees.
• The owner of the Eden Roc (Miami Beach) in achieving a significant victory for the owner of the iconic Eden Roc hotel in Miami Beach - and owners of hotels worldwide - by convincing a New York appeals court, in a precedent-setting case, that the management contract between the parties was terminable as a personal services contract.
• Highgate Hotels, LP, one of the largest independent operators of hotels in the United States, in dealings, negotiations and litigations involving dozens of hotel properties in the United States, including:
  • obtaining a seven-figure judgment against the owners of the Renwick Hotel.
  • a litigation concerning the payment of an incentive fee due to Highgate in connection with the sale of a resort in Pennsylvania.
  • the negotiation of approximately one hundred agreements to temporarily and/or permanently close hotels during the COVID-19 pandemic.
  • the negotiation of corporate/M&A transactions.
• sbe Entertainment (now wholly owned by Accor) in all aspects of its business, including large M&A transactions with Accor, all of its management and franchise agreements, as litigation and trademark counsel involving numerous hotel properties and marks, including:
  • several federal litigations to enforce its famous marks including obtaining permanent injunctions that preclude the use of HYDE BREWING and HYDE & VYNE, and the prosecution of claims of license infringement related to the former SLS Las Vegas.
  • a litigation against a former consultant, winning dismissal of most claims brought by a former consultant before reaching a settlement.
• Virgin Hotels in disputes concerning several hotel properties including litigation against the owner of the Virgin hotel in San Francisco.
• Standard International Management in connection with disputes concerning its portfolio of iconic “The Standard Hotels” properties.
• Deka Immobilien, a leading German real estate investment company, in connection with its U.S. investment portfolio, including disputes concerning its hotel assets.
• A publicly traded owner of dozens of hotels in connection with disputes concerning the operation and management of its international hotel assets.
• Tishman Hotels in connection with litigations against:
  • Marriott concerning the violation of Area of Protection Clauses contained in management agreements regarding Westin Times Square/Sheraton Grand (Chicago); and
  • Intercontinental Hotel Group over the management and operation of the Intercontinental Times Square.
  • A REIT owner of over 100 hotels in a dispute with the franchisor/brand concerning issues related to brand systems, brand contribution, and other brand issues.
  • A publicly-traded REIT owner of over 300 hotels in a dispute with a franchisor/brand related to post-spinoff integration issues, leading to major operational and technological concessions by the brand.
• Vornado Realty Trust in litigation with Intercontinental Hotel Group over the management and operation of the Crowne Plaza Hotel in Times Square.
• The Sapir Organization in removing Morgans Hotel Group from the management of the Mondrian Soho Hotel. The hotel is now operated by ownership under the brand name Nomo Soho with the owner in full control over operations.
• Felcor Lodging Trust in connection with its ownership of the Royalton and Morgans Hotels, resulting in a successful resolution whereby management agreement is now terminable without penalty on six months’ notice.
• The ownership (a joint venture between RFR Holding LLC and David Edelstein) in connection with issues relating to the merger between Starwood and Marriott specific to the Miami-based W South Beach.
• The ownership in a dispute relating to the management and operation of the Ritz Carlton properties in White Plains (NY) and Herzilya (Israel); we successfully obtained significant operational concessions on behalf of ownership.
• The ownership in arbitration against Fairmont Hotels relating to the termination of the management agreement and the operation of the Acapulco Princess and Pierre Marquez (Mexico) hotel properties.
• The Hakimian Organization in connection with a dispute with a brand operator concerning the management and operation of a New York City hotel.
• Loews Hotels in connection with its portfolio of luxury hotels.
• Millennium Hotels and Resorts in connection with a brand dispute concerning a New York City hotel property.
• Hersha Hospitality Trust in connection with disputes concerning various branded hotel properties.
• Playa Hotels & Resorts in connection with its portfolio of managed properties throughout the world, including negotiations and dealings with its hotel operators.
• Ace Hotel in connection with its portfolio of managed hotel and hospitality properties.
• Henderson Park, a European real estate investment platform, in various negotiations and dealings with brand operators.
• UC Funds, a specialty finance firm, in connection with various disputes related to its asset management of hotel properties.

Relevant Hotel + Hospitality Transaction Experience

• Highgate Hotels, L.P., one of the largest operators of hotels in the United States, in dealings and negotiations involving management of hotel properties in the United States.
• A New York family office in connection with 20-30 transactions including joint venture, mortgage and mezzanine financing, franchising and management of various multifamily properties and hotels throughout the United States.
• Eden Roc LLP in the negotiation of a management agreement with Davidson Hotels & Resorts for the management of the Eden Roc and Nobu hotels in Miami beach.
• An existing client with respect to the acquisition and financing of an all-inclusive resort in the Caribbean, together with new management and franchising.
• H.I.G. Realty Partners in connection with:
  • the acquisition, refinancing and corporate restructuring of the Sheraton Pittsburgh Hotel at Station Square, and subsequent disposition of ownership interests therein;
  • the sale of the Hyatt Regency Fairfax Hotel in Fairfax, Virginia; and
  • the acquisition and financing of the Hyatt Cincinnati in Cincinnati, Ohio.
• sbe Entertainment Group, a privately held lifestyle hospitality company that develops, manages, and operates hotels, residences, restaurants, and nightclubs, in:
  • handling their global trademark portfolio, clearing hundreds of marks per year relating to its properties including the SLS Hotels, the Redbury, The Raleigh, Townhouse, Hyde, Delano, Mondrian, and Hudson hotel brands, as well as the Katsuya, Filia, Cleo, Tres, Umami Burger, and K Ramen. Burger. Beer restaurant brands, among others;
  • the development and negotiation of management agreements with the SLS Dubai Hotels & Residences, a hotel, and residence designed by noted UAE designer Paul Bishop, as well as various other sbe properties;
  • the due diligence and subsequent sale of Bazaar, a hip South Beach restaurant, to Chef José Andrés;
  • the proposed merger with Hakkasan Group to create a $1 billion company;
  • the sale of the SLS Brickell Hotel, located in Miami, Florida;
  • the $220 million addition of the SLS Resort Residence & Marina Hallandale Beach;
  • the $319 million strategic sale of the first fifty percent interest in the company to Paris-based AccorHotels, followed by the sale of the remaining fifty percent interest a few years later; and
  • the launch of C3 (Creating Culinary Communities), a platform intended to bring single operator, multi-branded solutions to food halls, ghost kitchens, and mobile delivery.
• Atlas Hospitality in connection with:
  • the negotiation of a 99-year ground lease for the development and operation of a hotel in Times Square and in the acquisition of development rights from the adjoining owners for contribution to the hotel project.
  • the negotiation of a ground lease for mixed use hotel, signage, and retail condominium in Times Square, including provisions for the delivery of a retail unit to the fee owner upon completion of the project and sharing of signage income.
• Muss Development in a $100 million mortgage financing secured by Muss’s condominium leasehold estate in the New York Marriott at the Brooklyn Bridge in Downtown Brooklyn.
• Eden Roc, LLLP, an iconic 21-floor, 631-room art deco hotel overlooking world-renowned Miami Beach, in securing a $190 million CMBS financing package from lenders Cantor Commercial Real Estate Lending and Citigroup Global Markets Realty Corp.
• Douglas Development Corporation, an integrated real estate company, and Atlas Restaurant Group, a Baltimore-based hospitality company, in negotiating the restaurant management agreement to open two dining destinations inside the Moxy Hotel located in Washington D.C.
• Cape Advisors, Inc., a New York-based real estate development, investment, and management firm, and Morgans Hotel Group, in a joint venture related to the opening of the Mondrian SoHo hotel.
• Renaissance Hotel Partners, LLC, the owner of the hotel formerly known as the “Ritz Carlton Westchester” located in White Plains, New York, on various matters, including the refinancing of the property, the transition and re-branding of the property to an Autograph Collection hotel, and the negotiation of franchise and hotel management agreements affecting the property.
• The Moinian Group, the owner of the hotel formerly known as the “W Downtown” located in New York, in connection with the transition and de-flagging of the property, the termination of the hotel management agreement with an affiliate of Marriott International, the amendment and various condominium management agreements affecting the property, and related labor issues.
• A high-profile client with respect to their investment in a casino hotel in Las Vegas.
• CBWB Brooklyn LLC, a privately held company, in securing a $74.17 million financing package for a Brooklyn hotel and development project, where Deutsche Bank provided multiple loans.
• Briad Group Hospitality, as developer and owner, in connection with direct hospitality lender Stonehill Strategic Capital's preferred equity investment.

Please note that our Hotel + Hospitality group also collaborates with our Corporate, Real Estate, Private Equity, and Restaurant, Food + Beverage groups to represent various stakeholders in hospitality-related and hospitality-adjacent matters. These clients include restaurant groups such as Major Food Group, Charlie Palmer Group, and Aqua Restaurant Group; investors such as TriSpan and Sturm Asset Management (Ken Sturm); providers such as Baldor and Hunt’s Point; and chefs such as Marcus Samuelsson, Rocco DiSpirito, and Simon Kim, among many others.