Our lawyers work with a diverse range of hospitality industry participants, from developers and managers of hotel, motel and resort properties to governmental entities that combine private hospitality facilities with public convention center projects. Cox Smith’s capabilities in real estate, land use and public law offer solid advantages that have enabled us to assist a number of multinational hospitality industry companies with their business needs.

Client Focus

• Hotel and resort property developers
• Hotel and resort facility operators and managers
• Public private partnerships involving hospitality facilities at public convention centers

Services to Hotel and Resort Developers
Land Use. Our knowledge of and extensive working relationships with development authorities are the keys to providing hospitality developers with effective land use and zoning guidance. Our lawyers know the political process that makes zoning regulation one of the biggest challenges facing resort and hospitality property developers and often assist in securing the approval of permits and zoning applications on a time sensitive basis.

Finance. Our firm helps hospitality developers with all aspects of structuring and negotiating their loans, including commitment letters, loan agreements, notes, deeds of trust, environmental indemnity agreements and other collateral documents. We also design and carry out appropriate due diligence investigation before loan closing.

Real Estate and Development. We can handle every facet of the real estate and development issues through the complete lifecycle of a project: land use approvals, title and survey work, groundbreaking, construction, leasing, management and sale. Our lawyers work to maximize tax advantages for the project structure and help anticipate and resolve due diligence issues, environmental liability, title, deed and other problems during negotiation.

Services to Hotel and Resort Operators/Managers
Tax and Regulatory. We advise on selecting the most tax-efficient business entity for hospitality properties and on complying with relevant tax issues (such as liquor and franchise taxes). An important part of our work involves obtaining and maintaining operational licenses and permits, including liquor licenses, sales, occupancy and use permits.

General Business. We help protect clients by properly structuring their contractual relationships with groups, guests, vendors, entertainers and suppliers. Our lawyers also handle insurance and risk management issues, including those unique to the use of properties by large groups.

Employment. Our lawyers handle labor-management relations concerns, including union avoidance, collective bargaining, and negotiations of and challenges to union neutrality agreements. More generally, we help hospitality industry managers to comply with the labor laws, handle OSHA and other inspections, deal with allegations of discrimination or harassment, and observe wage and hour rules.

Dispute Resolution. We work to resolve disputes with groups, guests, vendors, caterers, entertainers and suppliers over breach of contract or damage claims. Hospitality clients look to Cox Smith to assist with such issues as evictions, collections and theft, as well as allegations of personal injury and property damage.

Services to Public Private Partnerships
Public Private Partnerships (PPPs) involve private sector participation in the development of public infrastructure projects such as convention centers. When these projects also include construction of adjacent, privately owned hotels and other hospitality facilities, governmental and private sector clients look to Cox Smith to advise them on issues associated with the use of public funds, governmental immunity, procurement and competition laws, and constitutional debt limitations. Our lawyers work with developing authorities, engineers, title companies, lenders and many other participants in convention center projects that include hotel facilities, advising on all aspects of financing, construction and operation.

We are creative in helping clients develop economic development incentives that combine financing from multiple public and private sources. Businesses and municipalities, as well as state agencies, get our help to develop innovative financing approaches that secure incentives for hospitality facilities that are tailored to our clients’ unique development needs.