Hospitality
McKenna Long & Aldridge LLP (MLA) attorneys have extensive experience in all aspects of the hospitality industry. We represent a variety of industry participants, including: owners and developers of, and investors in, hotel properties, condominium-hotels, and resorts, as well as banks, investment banks, funds, and conduit lenders in construction, mortgage and mezzanine financing related to hospitality properties.
We are able to serve our clients from a multidisciplinary approach utilizing synergies between practice areas such as corporate, real estate, tax, workout and creditors’ rights, labor and employment, government affairs, and intellectual property to provide tactical assistance in all business matters.
Our hospitality experience includes:
- Advising on the acquisition and sale of hotel properties, including REO assets.
- Representing lenders and owners in connection with construction, mortgage, and mezzanine loans secured by hotel and resort properties.
- Negotiating joint venture agreements.
- Negotiating hotel management agreements.
- Advising on land use and CEQA issues regarding hotel properties from the private developer and public agency sides of transactions.
- Negotiating workouts of loans, including workouts and sales in bankruptcy.
Acquisition & Disposition
Firm attorneys routinely advise national and international clients on the acquisition of hospitality and resort assets, including golf course developments. We perform all aspects of negotiation and deal structuring, including specific tax considerations, due diligence, title and survey negotiations, regulatory compliance and environmental and land use entitlement reviews.
Our firm offers experience in the mechanics of large and intricate transactions and brings sophisticated analysis to the evaluation of hospitality acquisition targets. Firm attorneys also have experience in the structuring and governance of mixed-use hotel projects.
When it comes time to dispose of a property, firm attorneys have deep experience representing sellers. Of primary concern is the protection of clients’ future liabilities that survive closing. Prior to sale, we work with clients to identify environmental, disclosure and other liability issues for a seller and work to minimize the legal and practical impact on the salability of the project.
Financing & Syndication
MLA has represented real estate investment firms in the acquisition, ownership and syndication of more than $1 billion in hospitality properties, across the country, including structuring project financing alternatives, private equity and retail investor fund formation, tenancy in common syndication, mortgage financing, mezzanine and bridge loans, joint ventures, and governance and ownership structures.
Our attorneys have broad experience representing lenders in construction and permanent financing, revolving lines of credit, syndication and joint venture transactions in connection with hotel and leisure properties.
Development & Entitlements
Firm attorneys advise clients on the acquisition of raw land, entitlements, environmental reviews, project construction and development. We are skilled in structuring the disparate aspects of hospitality properties, including those that involve combinations of hotel, retail, residential, office and public transportation elements. We have worked in both horizontal development projects, as well as vertical development projects utilizing traditional condominium maps or unique vertical subdivision maps as appropriate.
We also negotiate on behalf of national brands and luxury resorts with cities, counties, redevelopment agencies and other governmental agencies for various entitlement and development rights, such as vesting tentative maps, participation and development agreements, disposition and development agreements, reimbursement agreements, and public financing arrangements.
Restructurings
Firm attorneys have represented clients in restructurings involving hotel companies. Recently, we assisted in the restructuring of several hotels located near airports nationwide. Our work includes occupancy stabilization, re-negotiation of flag agreements, filing tax-exemption appeals with the local taxing authorities and the ultimate disposition of properties.
Ownership & Operation
MLA advises owners and investors in restaurants, hotels, motels, and resort properties in all aspects of ownership and operation. We regularly counsel and represent employers on wrongful termination, discrimination, harassment, and retaliation, as well as wage and hour issues and regulatory compliance. Our Intellectual Property attorneys have experience in both national and international issues, and protect and defend the intellectual property of hospitality clients effectively and efficiently.