Morrison & Foerster has special expertise in counseling investors interested in developing, acquiring, financing, or disposing of hotel and resort properties, including equity interests in such properties. We advise clients with respect to all of the legal issues presented in the course of a hotel or resort development, acquisition, financing, or divestment, including:
- Negotiation and documentation of asset purchase documents;
- Negotiation and documentation of financing documents;
- Corporate and tax planning;
- Land use and environmental permitting;
- Entity formation;
- Negotiation and documentation of design and construction contracts;
- Legal, real property and environmental due diligence;
- Operational permitting, including liquor licenses;
- Acquisition and protection of intellectual property rights;
- Labor relations;
- Negotiation and documentation of management and franchise contracts;
- Negotiation and documentation of other third party contracts, including those for parking facilities, golf course management, or other recreational facilities; and
- Advice regarding federal laws regulating investment by foreign entities and persons in the United States.
We also provide ongoing counsel in connection with our clients’ investment structure and business operations at hospitality properties, including labor and employment matters, immigration compliance requirements, state and local tax issues, contractual undertakings with third party suppliers and service providers, construction and renovation work, refinancing of secured debt and working capital lines, liquor licenses, enforcement of hotel management and franchise agreements, the leasing of retail space and regulatory compliance matters.