HOUSTON, TEXAS | the Fifth Annual Hospitality Law Conference hosted over 300 attendees and featured seminars in the areas of Lodging, Food & Beverage, Human Resources, and Loss Prevention and Risk Management. The two-day Conference, held at the Hilton Post Oak Hotel Galleria in Houston, Texas, received outstanding reviews from attendees, who took advantage of the opportunity to hear from leading industry professionals and to stay current on pressing issues in liability, legislation, immigration and employment.

The Conference focuses on the specialized legal, safety, and security needs of the hospitality industry. This year’s attendees included in-house counsel for hotels and restaurants, loss prevention industry leaders, attorneys, and educators. This one-of-a-kind Conference once again gathered international attendance, with attendees from Australia, El Salvador, Costa Rica, Germany and the United Kingdom.

Seminars included:

  • General Counsel’s View on the Selection of and the Relationship with Outside Counsel – Albert Pucciarelli of McElroy, Deutsch, Mulvaney & Carpenter led a panel featuring Marcus Banks, Vice President-Legal of Wyndham Hotels Worldwide, and David Hom, Vice President & General Counsel of InterContinental Hotels Group, discussing the selection and relationship with outside counsel, including billing practices, communications, allocation of responsibility and related subjects
  • How Do I Sue Thee…Preventing & Defending Wage and Hour Class Action Lawsuits – Arch Stokes of Shea Stokes and Leslie Sharman, Senior Vice President, Corporate Secretary, and General Counsel, of Carlson Restaurants Worldwide, examined the plethora of plaintiff charges against employers, specifically focusing on cases involving restaurants and hotels.
  • General Alcohol Liability & Marketing Issues – Vivianne Grajales of Gray Robinson addressed current marketing and liability issues in the industry including dram shop and other alcohol-related claims against retailers.
  • Resting Easy when Minors are Afoot – Minors & Alcohol – Stanley Wolowski and RJ O’Hara of Flaherty & O’Hara presented a seminar on the specific legal implications of serving alcohol with minors in close proximity.
  • Defending a Food Liability Claim – Christian Stegmaier of Collins and Lacy presented on the specific issues that must be considered when a food liability claim is brought, including procedural considerations, causation, and types of damages.
  • Food Allergens in Food Service Venues – Jesse Lyon with Davis Wright Tremaine presented on the effects of food allergens, recent legislative and judicial developments in the area, and best practices for food service venues.
  • Special Human Resource Issues for Food and Beverage Operations – Megan Belcher and Brad Hiles of Blackwell Sanders Peper and Martin presented on the special human resource issues that food and beverage operators face, including wage and hour issues, improper use of blogging by the employee, and workplace harassment.
  • A Course of Lodging Delicacies – A Course of Lodging Delicacies featured six presentations on specific issues facing the lodging industry today, including:
    1. Doing Business in Mexico, the Caribbean, & Beyond presented by Clifford Risman of Gardere Wynne Sewell and Brenda Durham, Associate General Counsel for Marriott
    2. Condo Hotels – 3 Years into the Concept presented by Irv Sandman with Graham and Dunn
    3. Dockominiums presented by Morris Ellison with Buist Moore Smythe McGee
    4. Time Share and Fractional Issues presented by John Melicharek with Baker & Hostetler
    5. Trends in Purchase & Sale Agreements presented by Russ Savrann with Graham and Dunn
    6. International Condo Conversions presented by John Vernon with Vernon Goodrich and Hans Vogel with Busse & Miessen.

  • Mixed Use Developments: The Present and the Future - Chuck Bedsole with Alvarez and Marsal led a panel featuring Richard Charnley of Ropers, Majeski, Kohn, and Bentley, Andrew Robins with Proskauer Rose, and Brian Belt with Shutts and Bowen. The panel examined the history, current trends, advantages, and challenges of mixed use developments.
  • Hospitality Online: Protecting Your Valuable Keywords – Peter Ripin of Davidoff Malito & Hutcher and Lynne Messina, General Counsel for Highgate Holdings, discussed how hoteliers can protect their online brands and the current status of the law on keyword advertising.
  • Management Contract Litigation Survey – David Moseley with Moseley Law and Nir Margalit, Executive V.P. and General Counsel of Kimpton Hotel and Restaurant Group, examined recent cases involving management contracts and the legal implications of these decisions.
  • Union Organizing in the Hospitality Industry: A Report from the Front – Mike Mitchell with Fisher & Phillips examined general trends in the labor movement, emphasizing the impact union organization will have on the hospitality industry and the special labor and employment issues operators must consider.
  • Tackling Tough HR Issues – Addressing Accommodation Requests in the 21st Century Workplace – Stan Graham of Waller Lansden Dortch & Davis and Carolyn Dinberg, Vice President and Managing Attorney of InterContinental Hotels Group, examined the items employers should be aware of in the areas of religious accommodations, ADA accommodation, mental disabilities, and other common hospitality issues.
  • Immigration Reform Rocks Your World – David Whitlock of Fisher & Phillips examined recent developments in immigration reform, IRCA Basics, and the I-9 Form.
  • Essentials of Employment-Related Recordkeeping: Saving those Records May Save Your Life – David Wiley of Constangy Brooks & Smith examined key employment-related documents and considerations for the retention of the same documents.
  • International Human Resources – Pamela Moore of McCarter and English examined specific international employment issues, including recruitment and retention, hiring and retention, compensation and benefits, employment agreements, ex-pat agreements, and other issues.
  • Developing an Effective Loss Control Program – Jim Stover, Vice President of Hospitality Loss Control for AJ Gallagher, discussed the basics of workers’ compensation, current industry trends and challenges, claims management and cost containment principles, responsibilities of involved parties, and the financial impact of a loss.
  • CCTVs: The Good, the Bad, and the Ugly – Charles Hoff of Taylor Busch Slipakoff & Duma and Bill McShane, Director of Loss Prevention/Life Safety for Affinia Hotels, explored the use of closed-circuit television in the lodging industry, including some of the benefits, myths, and misconceptions that go along with the use of this technology. The presentation also provided a legal analysis of the upside and disadvantages of the use of closed-circuit televisions and surveillance equipment within the hospitality industry.
  • Bed Bugs and Other Pesky Issues – Christian Hardigree, Lawyer and Associate Professor at the University of Nevada, LV, and Denise McCurry, V.P. of Litigation for the MGM Mirage, discussed the effects, legal implications, and action plan for hotels facing bed bugs or other insects.
  • Identity Theft Update and Hospitality Fraud 103 - David Bleser, Vice President of Operations at Hospitality Safeguards, Inc., led a seminar on how those inside and outside of an establishment can gain access to a customer's identity and what to do protect one's business and guests.
  • A New Approach to Safety – Jerry LaChapelle, Former Director of Risk Control for Harrah’s and Consultant to the industry, discussed a new approach to workplace safety and risk control.
  • Franchise Litigation Update – Andrew Loewinger with Nixon Peabody, Scott McLester, Executive Vice President & General Counsel for Wyndham Hotels Worldwide, and Kathryn Rookes, General Counsel for Focus Brands, discussed wrongful termination, encroachment, transfers, trademarks, and contract issues, as they relate to franchises.
  • Ethically Protecting the Attorney-Client Privilege – Francine Griesing of Eckert Seamans Cherin & Mellott and Banks Brown of McDermott Will & Emery examined the attorney-client privilege.
  • Insurance Solutions – Rich Clark, Managing Director of AJ Gallagher, and Andrew Cutler, Global EPL Tem Leader for Beazley, examined Employment Practices Liability Insurance, casualty and property insurance, and other insurance-related issues facing the hospitality in the upcoming year.
  • Lessons Learned from Katrina and Other Disasters – Stephen Barth, Founder of HospitalityLawyer.com, led a panel discussion featuring Wendell Couch, V.P. of Risk Management Operations for InterContinental Hotels Group, Ben Kollmeyer, Corporate Technical Director for Forensic Analytical, and Grace Regan, Associate Attorney for Lodgian. The panel discussed Hurricane Plan Components, including assessing the property’s risk, evacuation considerations, and equipment and supplies, and also operational and technical challenges after a disaster.
  • Hospitality Liability Case Survey – Diana Barber, a Visiting Lecturer for Georgia State University, and Karen Morris, Judge and Professor at the Monroe Community College, examined various legal decisions rendered in the previous year, including privacy, negligence, and dram shop issues and the effects the decisions will have on hospitality industries.

The Anthony G. Marshall Award was presented to Madeleine Kleiner, Executive Vice President, General Counsel, and Corporate Secretary for the Hilton Hotels Corporation, during a luncheon at the Conference. Kleiner is the third recipient of this distinguished Award. Madeleine Kleiner is Executive Vice President and General Counsel for Hilton Hotels Corporation. Ms. Kleiner joined the company in January 2001, and is responsible for overseeing the company’s legal department and is a member of the Executive Committee.

The Award, given in recognition of pioneering and lasting contributions to hospitality law, was first given to Anthony G. Marshall – a renowned educator, author, speaker and columnist for Hotel & Motel Management Magazine – at the 2005 conference. Banks Brown received the Award last year.

Wendell Couch was selected as this year’s recipient for the Hospitality Loss Prevention Lifetime Achievement Award at the recently concluded Hospitality Law Conference. Wendell Couch, recently retired as Senior Vice President, Global Risk Management, for InterContinental Hotels Group (IHG), joined the company in 1978 and has held roles of varying responsibilities in loss prevention and risk management. In his position, he was responsible for training hotel managers on the proper risk management procedures and working with the IHG quality department to establish the standards that are utilized for fire protection, safety and security throughout the IHG system

The Hospitality Loss Prevention Lifetime Achievement Award recognizes a person who has committed their career to improving safety and security in the hospitality industry.

HospitalityLawyer.com's Fifth Annual Conference is presented in coordination with the Real Property, Probate and Trust Law Section of the American Bar Association, the Travel, Tourism and Hospitality Law Committee of the International Bar Association, the General Counsel Committee of the AH&LA, the Loss Prevention Management Institute, QSR Magazine and the Conrad N. Hilton College of Hotel and Restaurant Management.

The conference is underwritten by Arthur J. Gallagher & Co. and sponsors include Who is Who in Hospitality (“WiWiH”), Alvarez & Marsal, Best Western International, Forensic Analytical, and Advance Catastrophe Technologies, Inc. and RUME Corp.

Jeanie L. Gibbs
Director of Operations | HospitalityLawyer.com
(713) 963-8800
HospitalityLawyer.com

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