We cover the full life cycle of hotel projects advising issues which can arise during the acquisition, development, construction, financing, pre-opening preparation, post-opening operation and ultimate disposal. Mayer Brown's Hospitality & Leisure team offers a global platform of more than 100 lawyers from across our worldwide offices to deliver an integrated range of legal services on complex and cross-border hospitality and leisure transactions.
We assemble and manage multi-jurisdiction teams for clients operating across borders with our on-the-ground presence and knowledge of culture, business and networks, both locally and internationally, and have accumulated an in-depth understanding of the complexities of our clients' business environment.
Representing owners, hotels, serviced apartment and gaming operators, developers, financiers and other prominent participants in the hotel and leisure industry, we boast an outstanding track record having worked on more than 2,000 hotel-related matters alone over the past decade, covering lodging chains to boutique hotels, from family resorts to six-star suite hotels and serviced apartments. We regularly advise on and negotiate hotel management agreements, covering most of the major hotel and lodging chains and have extensive experience having worked on projects involving around 50 brands. We also work with major gaming companies in deploying strategies to manage casinos (more recently of distressed gaming companies), including preparation of management agreements.
We have worked on a wide range of hospitality and leisure product types, including:
- Branded residences
- Convention and exhibition facilities
- Cruise lines
- Extended stay facilities
- Gaming and online gambling
- Golf courses
- Hotels and motels (full service and limited service (including budget hotels))
- Luxury trains
- Mixed-use projects
- Online travel agents
- Private islands
- Restaurants and nightclubs
- Sports facilities
- Stadiums and arenas
- Theme parks
- Time shares and other fractional ownership structures
Our representative experience throughout the world includes:
- Hotel-related Agreements - representing hotel owners and managers in drafting and negotiating hotel management agreements (full service and limited service), franchise agreements, technical services agreements, residence agreements and the full range of other agreements relating to hotel management and ownership.
- Acquisitions & Disposals - handling acquisitions and disposals of hospitality properties worldwide, including national and international portfolio transactions. Also, negotiation of assumption agreements, subordination agreements and other contracts on properties which are encumbered by management agreements.
- Financing - representing major hotel lenders and hotel owners in connection with hospitality finance transactions. Transactions include lender-side and borrower-side mortgage debt, mezzanine financing, preferred equity and securitization of hotel revenue streams among other structures.
- Fund Formation and Ownership Structuring - establishing and developing structures for equity capitalization of hospitality ownership, including REITs, private equity vehicles, joint ventures and co-mingled funds. We have established investment funds for all kinds of investors to suit their individual preferences and requirements. Structuring advice includes particular attention to international tax and regulatory concerns.
- Restructuring , Bankruptcy & Insolvency - advising clients on issues associated with the restructuring or sale of non-performing loans, and with insolvency, foreclosure and bankruptcy in the hospitality arena.
- Construction - advising on construction-related matters for developers, lenders, owners and/or contractors.
- Dispute Resolution - handling a range of dispute resolution processes for construction related disputes and disputes arising out of the operation of hotels.
- Regulatory Issues - in the industries we serve, the regulatory concerns are significant. Licensing, approval and compliance requirements can differ depending on the jurisdiction. In conjunction with lawyers from our Government and Regulatory practices, we also assist with approval and compliance methodologies and provide ongoing advice to respond to legislative, regulatory and business plan changes.
- Hotel Life Cycle Matters - advising clients on the full range of issues associated with hospitality acquisition, ownership, disposal and financing; taking advantage of our unique position as one of the leading full-service providers of legal services internationally. Our advice also includes guidance on:
- Intellectual property, information technology and licensing issues
- Labour and employment issues, including staff manuals and employment contracts
- International tax matters
- Pension and retirement schemes
- Environmental and planning issues
- Regulatory considerations
"Mayer Brown lawyers provide a full range of legal services to leading global companies and financial institutions for some of their most important transactions, including complex cross-border deals and industry-specific issues."
Asia Pacific Legal 500
"[The firm] brings 'special added value in real estate transactions'. The team expertly handles high-value transactions and development projects for hotels and resorts, residential, office, and mixed-use projects."
"[The firm] is a 'Hong Kong, US and English law one-stop-shop', a key selling point for a practice that represents a mix of local clients and multinationals."
"[The firm] provides 'prompt and professional advice on complicated cases' and a 'first-class service in all respects' ,and is particularly praised for its 'commercially minded approach' and 'strong local knowledge'."
"[The firm] 'always provides the necessary resources to fulfill tasks under tight timelines'."
"Its industry knowledge covers the hotel, office, industrial, retail, self-storage, agricultural, multifamily and senior-living housing sectors... 'this group is an excellent choice for highly sophisticated transactions'."
"Clients are impressed with [the firm's] skill when handling complex real estate transactions, and with its ability to forge strong relationships."
"The firm has a busy practice... while hotels and leisure work is another strength. The practice gives 'good, solid advice'."