Tenth Annual 2012Hospitality Law Conference            Earn up to 17.0 Hours of CLE + 4.0 HRCI Credits                    ...
Greetings from the President                                          & Founder of HospitalityLawyer.com                  ...
SCHEDULE AT-A-GLANCEpre-Conference WorkshopWedneSdAy, FebrUAry 8, 20128:15 a.m. - 8:45 a.m.       Meet and Mingle Continen...
Wednesday, February 8th - Pre-Conference WorkshopWedneSdAy, FebrUAry 8, 2012risk Management and Loss prevention, including...
Wednesday, February 8th - Pre-Conference WorkshopWedneSdAy, FebrUAry 8, 2012Management Agreements WorkshopHosted by: bryan...
Thursday, February 9th - Hospitality Law Conference Concurrent BreakoutsTHUrSdAy, FebrUAry 9, 2012Food & beverage breakout...
Registration, Travel, and Continuing Educationregistration Fees                                               Hotel Accomm...
registration FormRegister online at www.regonline.com/2012HospitalityLawConferenceFax completed forms to (713) 627-9934. 1...
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Law conference brochure

  1. 1. Tenth Annual 2012Hospitality Law Conference Earn up to 17.0 Hours of CLE + 4.0 HRCI Credits Follow Us on : @hospitality_law Join our group on : Hospitality Law Conference www.hospitalitylawconference.com Celebrating 10 years of groundbreaking industry collaboration
  2. 2. Greetings from the President & Founder of HospitalityLawyer.com It is my pleasure to invite you to the Tenth Annual 2012 Hospitality Law Conference, held in Hous- ton, Texas from Wednesday, February 8th through Friday, February 10th. Since its inception, the conference has dramatically expanded in scope, uniting hundreds of industry executives and other thought leaders around the most pressing issues in the hospitality field. These exciting sessions are crafted to bring you up to speed and anticipate future issues to assist you in your performance. Our goal has always been to provide the industry with quality education on legal, safety, and security issues. That we are celebrating our tenth conference is an incredible testament to our speakers and the unparalleled quality of information they provide our attendees. We look forward to seeing you there. Very beST regArdS, STepHen bArTH AbOUT THe COnFerenCe From development deals to management agreements, from alcohol and food liability to labor and employment, and from business inter- ruption to recent gun legislation, the latest trends and issues in hospitality law, safety, and security are up for exploration at the Tenth Annual 2012 Hospitality Law Conference, February 8-10. The pre-Conference Workshop on February 8th offers a full day of sessions on Management Agreements, legal and financial aspects of de- velopment deals, risk Management & Loss prevention (including data privacy), and issues affecting Corporate Counsel. The Hospitality Law Conference features break-out sessions in three different topic areas: Food & beverage, Lodging, and Human resources & Labor relations. Attend the Tenth Anniversary Celebration, Cocktail reception, & product Showcase and be eligible to win a $1000.00 American express gift card. The Wine Tasting offers great wine and great opportunities to learn about the latest compliance solutions. Make plans to stay until the end of the conference to be eligible to win a $500.00 American express gift card. The winner’s name will be drawn during Stephen barth’s Closing remarks on Friday, February 10. recipients must be present to win. The conference is presented in coordination with the general Counsel Committee of the AH&LA, the International bar Association, and the Loss prevention Management Institute. MCLe accreditation for up to 17.0 hours (including 1 hour of ethics) is available. We will also be applying for recertification credit hours to- ward pHr, SpHr and gpHr recertification through the Hr Certification Institute. don’t miss the longest-running conference bringing hospitality risk, legal, and loss prevention professionals together.Champion SponsorsPatron SponsorsPartner SponsorsMedia Sponsors
  3. 3. SCHEDULE AT-A-GLANCEpre-Conference WorkshopWedneSdAy, FebrUAry 8, 20128:15 a.m. - 8:45 a.m. Meet and Mingle Continental breakfast Sponsored by Wilson Elser8:45 a.m. - 9:00 a.m. Welcome9:00 a.m. - 11:00 a.m. Concurrent breakout Sessions11:00 a.m. - 12:15 p.m. Luncheon Sponsored by Clyde & Co and Deloitte11:00 a.m. - 12:15 p.m. reAL Luncheon (reAL network Members Only)12:30 p.m. - 2:30 p.m. Concurrent breakout Sessions2:30 p.m. - 2:45 p.m. Catered break2:45 p.m. - 4:45 p.m. Concurrent breakout Sessions4:45 p.m. - 6:00 p.m. Wine Tasting Sponsored by Fisher & PhillipsHospitality Law ConferenceTHUrSdAy, FebrUAry 9, 20127:15 a.m. registration Opens7:15 a.m. - 8:15 a.m. Meet and Mingle Continental breakfast Sponsored by Adjusters International8:15 a.m. - 8:30 a.m. Welcome Stephen barth, HospitalityLawyer.com8:30 a.m. - 9:30 a.m. Sex, drugs, Art, and rock n’ roll in the Workplace Steven gutierrez, Holland and Hart9:30 a.m. - 10:30 a.m. retaining Separate Counsel for a Hospitality employee and potential Criminal Charges banks brown, McDermott Will & Emery James eiler, Kaiser Swindells eiler richard Keating, Swanson, Martin & Bell10:30 a.m.- 10:45 a.m. Catered break10:45 a.m. - 12:45 p.m. Concurrent breakout Sessions12:45 p.m. - 2:00 p.m. Awards Luncheon2:00 p.m. - 4:00 p.m. Concurrent breakout Sessions4:00 p.m. - 4:15 p.m. Catered break4:15 p.m. - 5:15 p.m. Franchising and Vicarious Liability Arthur pressman, Nixon Peabody robert Salkowski, Zarco, Einhorn, Salkowski, & Brito5:15 p.m. - 6:30 p.m. Tenth Anniversary Celebration, Cocktail reception & drawing for $1000 American express gift CardFrIdAy, FebrUAry 10, 20127:45 a.m. - 8:15 a.m. Continental breakfast8:15 a.m. - 9:15 a.m. Food & beverage Liability Update elizabeth deConti, Gray Robinson9:15 a.m. - 10:15 a.m. Hospitality Case review diana barber, Georgia State University Karen Morris, Monroe Community College10:15 a.m. - 10:30 a.m. Catered break10:30 a.m. - 11:30 a.m. Medical emergencies At your Hotel, restaurant or business: An Analysis of duty, risk and Liability Jerry Hamilton, Hamilton Miller & Birthisel11:30 a.m. - 12:30 p.m. ethics presentation - Keeping Options Open: Internal Investigations and Anti-Corruption Laws Anthony Campanelli, Deloitte Financial Advisory Services Veronique Lanthier, Senior Counsel, Marriott International Stephen Miller, Cozen O’Connor12:30 p.m. - 12:45 p.m. Closing remarks & drawing for $500 American express gift Card Stephen barth, Attorney, Professor, Founder of HospitalityLawyer.com12:45 p.m. - 2:45 p.m. Hospitality Industry bar Association Luncheon & Meeting (HIbA Members Only)
  4. 4. Wednesday, February 8th - Pre-Conference WorkshopWedneSdAy, FebrUAry 8, 2012risk Management and Loss prevention, including data privacy, WorkshopHosted by: Jim Stover, Arthur J. Gallagher8:45 a.m. - 9:00 a.m. Welcome9:00 a.m. - 10:00 a.m. data Security breaches: The Crucial Mistakes That Companies Most Often Make doug Meal, Ropes & Gray LLP10:00 a.m. - 11:00 a.m. Insurance Litigation Survey Chip Merlin, Merlin Law Group11:00 a.m. - 12:15 p.m. Luncheon Sponsored by Clyde & Co and Deloitte12:30 p.m. - 1:30 p.m. business Interruption – Common Challenges and Solutions rich Clark, Arthur J. Gallagher Marshall gilinksy, Anderson Kill & Olick Stan Johnson, Navigant1:30 p.m. - 2:30 p.m. The Claims process Wes brandt, Arthur J. Gallagher Harvey goodman, Goodman-Gable-Gould/Adjusters International gary Thomson, Reed Smith2:30 p.m. - 2:45 p.m. Catered Break2:45 p.m. - 3:45 p.m. Current Issues in Loss prevention Jim Stover, Arthur J. Gallagher3:45 p.m. - 4:45 p.m. best practices for Coordination between the Legal, risk and Claims departments during Litigation and Claims processing James eiler, Kaiser Swindells Eiler4:45 p.m. - 6:00 p.m. Wine Tasting Sponsored by Fisher & PhillipsHospitality real estate Transactions WorkshopHosted by: Chuck bedsole, Alvarez & Marsal8:45 a.m. - 9:00 a.m. Welcome9:00 a.m. - 10:00 a.m. nuts and bolts of deal Structuring, Investment Analysis and How to Structure equity Steve Lerner, President & CEO of Redstone Real Estate10:00 a.m. - 11:00 a.m. discussion of Capital Jonathan Falik, Managing Director, Cantor Fitzgerald11:00 a.m. - 12:15 p.m. Luncheon Sponsored by Clyde & Co and Deloitte12:30 p.m. - 1:30 p.m. panel of developers; public/private discussion and Mixed-use projects phil Colicchio, Taylor, Colicchio & Silverman John Keeling, Valencia Group david parker, DP Consulting rich Sprecher, Aimbridge Hospitality1:30 p.m. - 2:30 p.m. Mergers and Acquisitions ray King, LeClair Ryan2:30 p.m. - 2:45 p.m. Catered Break2:45 p.m. - 3:45 p.m. bankers, Servicers, Franchisors and receivers Answer All your Questions, part I bill Hoffman, President & CEO, Trigild Charlie broun, IHG bob Massey, TriMont Real Estate Advisors bill O’Connor, Crowell Moring3:45 p.m. - 4:45 p.m. bankers, Servicers, Franchisors and receivers Answer All your Questions, part II bill Hoffman, President & CEO, Trigild Charlie broun, IHG bob Massey, TriMont Real Estate Advisors bill O’Connor, Crowell Moring4:45 p.m. - 6:00 p.m. Wine Tasting Sponsored by Fisher & Phillips
  5. 5. Wednesday, February 8th - Pre-Conference WorkshopWedneSdAy, FebrUAry 8, 2012Management Agreements WorkshopHosted by: bryan Couch, Clyde & Co8:45 a.m. - 9:00 a.m. Welcome9:00 a.m. - 10:00 a.m. basic negotiation points and Market Terms; Key business Terms at the LOI Stage Albert pucciarelli, McElroy Deutsch Mulvaney & Carpenter10:00 a.m. - 11:00 a.m. negotiating the Incentive Fee and performance Test Alexandra Cole, Perkins Coie11:00 a.m. - 12:15 p.m. Luncheon Sponsored by Clyde & Co and Deloitte12:30 p.m. - 1:30 p.m. Loans and Key Money Arrangements; Subordination and non-disturbance Agreements Anne bertsch, Vice President & Senior Counsel, Marriott International Cliff risman, Gardere Wynne Sewell1:30 p.m. - 2:30 p.m. Typical Claims that Might Arise from a Management Contract and possible resolutions and Alter native dispute resolution richard barrett-Cuetara, Shannon, Gracey, Ratliff & Miller2:30 p.m. - 2:45 p.m. Catered Break2:45 p.m. - 3:45 p.m. bankers, Servicers, Franchisors and receivers Answer All your Questions, part I bill Hoffman, President & CEO, Trigild Charlie broun, Vice President, IHG bob Massey, TriMont Real Estate Advisors bill O’Connor, Crowell Moring3:45 p.m. - 4:45 p.m. bankers, Servicers, Franchisors and receivers Answer All your Questions, part II bill Hoffman, President & CEO, Trigild Charlie broun, IHG bob Massey, TriMont Real Estate Advisors bill O’Connor, Crowell Moring4:45 p.m. - 6:00 p.m. Wine Tasting Sponsored by Fisher & PhillipsHotel & restaurant Corporate Counsel WorkshopHosted by: banks brown, McDermott Will & Emery8:45 a.m. - 9:00 a.m. Welcome9:00 a.m. - 10:00 a.m. All Things Social Media Steve roppolo, Fisher & Phillips10:00 a.m. - 11:00 a.m. Litigation Update: Cisero’s v. US Bank and Elavon - Challenging Card network pCI rule enforcement Mechanisms Steve Cannon, Constantine Cannon11:00 a.m. - 12:15 p.m. Luncheon Sponsored by Clyde & Co and Deloitte11:00 a.m. - 12:15 p.m. reAL Luncheon (reAL Members Only)12:30 p.m. - 1:30 p.m. Current Issues with Internet and Wi-Fi for Hotels and restaurants Marc Lindsey, Levine, Blaszak, Block & Boothby1:30 p.m. - 2:30 p.m. Judicial Hellholes: don’t get burned – risk Management Techniques and defense Strategies for Litigating in plaintiff Friendly Jurisdictions Marc perry, Post & Schell2:30 p.m. - 2:45 p.m. Catered Break2:45 p.m. - 3:45 p.m. Corporate Counsel Tools in a Flash Kendall Hayden, Cozen O’Connor3:45 p.m. - 4:45 p.m. best practices for Coordination between the Legal, risk and Claims departments during Litigation and Claims processing James eiler, Kaiser Swindells Eiler4:45 p.m. - 6:00 p.m. Wine Tasting Sponsored by Fisher & Phillips
  6. 6. Thursday, February 9th - Hospitality Law Conference Concurrent BreakoutsTHUrSdAy, FebrUAry 9, 2012Food & beverage breakoutHosted by: Melanie Cheairs and david escobar, Lorance & Thompson10:45 a.m. - 11:45 a.m. Menus and Food Labeling: do your Health and environmental Claims present Liability risks? Steven Kronenberg, Murphy, Pearson, Bradley & Feeney11:45 a.m. - 12:45 p.m. The Last drink: determining Intoxication and the Industry Standard of Care dr. Michael McCabe, Robson Forensic elizabeth Trendowski, Robson Forensic12:45 p.m. - 2:00 p.m. Lunch2:00 p.m. - 3:00 p.m. The best Offense is a good defense: Strategies for preventing and defending Food, Allergy and Alcohol Claims david denney, Law Offices of David Denney3:00 p.m. - 4:00 p.m. Understanding the 3 Tiers of the Alcohol Industry: The promotional perspective elizabeth deConti, Gray RobinsonHuman resources and Labor relations breakoutHosted by: bruno Katz, Wilson Elser Moskowitz Edelman & Dicker10:45 a.m. - 11:45 a.m. navigating employment Law Issues for High profile restaurants, Hotels and Lounges darrell Miller, Fox Rothschild Carolyn richmond, Fox Rothschild11:45 a.m. - 12:45 p.m. Are you Sure you Are paying your employees Correctly Under the FLSA? brad Adler, Freeman, Mathis & Gary12:45 p.m. - 2:00 p.m. Lunch2:00 p.m. - 3:00 p.m. ICe Audits, I-9 Forms and e-Verify – put Immigration Compliance at the Top of your To do List Kim Thompson, Fisher & Phillips3:00 p.m. - 4:00 p.m. emerging Issues at the Corporate Level: danger Spots beyond daily Operations david Comeaux, Ogletree, Deakins, Nash, Smoak & StewartLodging breakoutHosted by: William d. Frye, Niagara University10:45 a.m. - 11:45 a.m. Have gun Will Travel: dealing with Firearms in the World of Hospitality david Moseley, Glast, Phillips & Murray11:45 a.m. - 12:45 p.m. Third party Leasing (F&b, Spas, retail, rooftop Antennas) Aliza Carrino, Corporate Counsel, Marriott International, Inc. Joe guay, Holland & Knight12:45 p.m. - 2:00 p.m. Lunch2:00 p.m. - 3:00 p.m. How to defend a Title III AdA Accessibility Claim Jennifer Heitman, Wilson Elser Moskowitz, Edelman & Dicker3:00 p.m. - 4:00 p.m. Mock negotiation of a Hotel Management Agreement Mitch berkey, Wolff & Samson Jeff Holdaway, Senior Vice President and Associate General Counsel, Marriott Lynne Messina, General Counsel, Highgate Hotels
  7. 7. Registration, Travel, and Continuing Educationregistration Fees Hotel Accommodations & TravelPre-Conference Workshop (February 8, 2012) Omni Houston HotelIncludes pre-Conference Workshop notebook complete Four riverwaywith Workshop presentations, Luncheon, Catered break, & Houston, Texas 77056Wine Tasting. (713) 871-8181• Association/educator: $299 For reservations, please call 1-800-THe-OMnI.• early registration (by January 9, 2012): $399• regular registration (after January 9, 2012): $499 The Omni Houston Hotel is centrally located in the presti- gious Uptown post Oak/galleria area and is just minutesHospitality Law Conference (February 9-10, 2012) from all of the excitement that Houston, Texas has to offer.Includes Hospitality Law Conference notebook complete The Omni Hotel is just 10 minutes by car from the centralwith Conference presentations, Continental breakfasts, business district and 30 minutes from george bush Inter-Catered breaks, Awards Luncheon, and Tenth Anniversary continental Airport or 25 minutes from William p. HobbyCelebration & Wine Tasting. Airport.• Association/educator: $499• early registration (by January 9, 2012): $599 Conference and exhibitions will be held in the Omni Hous-• regular registration (after January 9, 2012): $699 ton Hotel.Comprehensive Package (February 8-10, 2012) Daily Room Rate: $189 single / $189 double occupancyIncludes pre-Conference Workshop plus Hospitality Law Cutoff Date: Monday, January 23, 2012Conference and notebooks complete with presentations,Continental breakfast, Catered breaks, Awards Luncheon, The hotel will release all unused rooms on the CUTOFF dATeCocktail reception, and Tenth Anniversary Celebration & set out above. you must make your reservations before thisWine Tasting. date in order to get the conference rate. When contacting• Association/educator: $699 the hotel for reservations, please identify yourself as a par-• early registration (by January 9, 2012): $799 ticipant with the Hospitality Law Conference in order to• regular registration (after January 9, 2012): $999 obtain a room from the reserved block. please do not send payment for accommodations to HospitalityLawyer.comContinuing education Ground TransportationMCLE & HRCI Town Car ServiceMCLe accreditation for up to 17.0 hours (including 1 hour of elite Limousine and Town Carethics) is available. please visit www.hospitalitylawyer.com/ 281-955-5450Announcements/HLC2012_CLe.html for more information. Taxiplease be aware that each state has its own rules From bush Intercontinental Airport: $45and regulations, including its definition of “CLe.” From Hobby Airport: $22please call (713) 963-8800 for questions pertainingto the number of credit hours granted by each Air Travelstate two to three weeks prior to the program. Continental and United Airlines are proud to offer aWe will also be applying for recertification credit hours to- discount of 5% - 15% off our online published fares. goward pHr, SpHr and gpHr recertification through the Hr to Continental.com. Choose your flight times and accessCertification Institute. your meeting discounts by inserting ZM22 in the Offer Code box.If you need a Certificate of Attendance, please request oneat conference check-in.
  8. 8. registration FormRegister online at www.regonline.com/2012HospitalityLawConferenceFax completed forms to (713) 627-9934. 1. Contact Information (please print) name: nickname for nametag: Firm/Company name: Title: Address: City, State and Zip email: phone: Fax: p Check here if you have any special needs (including food allergies) so we May we disclose your contact information in the attendee list (name, com- may arrange to accommodate you or call us at (713) 963-8800. pany, title, address, phone, and email only) p yes, with email address p yes, without email address p no 2. Registration To celebrate the Tenth Annual Hospitality Law Conference, from September 15 - October 15, all attendees may register for the conference under the Association rate. Pre-Conference Workshop Hospitality Law Conference Comprehensive Package Wednesday, Feb. 8, 2012 Thursday, Feb. 9 - Friday, Feb. 10, 2012 Wednesday, Feb. 8 - Friday, Feb. 10, 2012 Association/educator Association/educator Association/educator $299 $499 $699Pre-Conference Workshops (Please choose the primary Workshop you plan to attend. You may attend more than one Workshop at the conference). risk Management and Loss prevention, includ- Hospitality real estate Transactions Management Agreements Workshop Hotel & restaurant Corporate Counsel ing data privacy, Workshop (corporate counsel only)Hospitality Law Conference Breakouts (Please choose the primary Breakout you plan to attend. You may attend more than one Breakout at the conference). Food & beverage Lodging Human resources & Labor relations3. Please confirm your attendance at the following events: Will you be attending the Luncheon on Wednesday, February 8? yes no Will you be attending the Wine Tasting on Wednesday evening, February 8? yes no Will you be attending the Awards Luncheon on Thursday, February 9? yes no Will you be attending the Cocktail reception on Thursday evening, February 9? yes no 4. Presentation Materials each registration includes a 3-inch Conference Summary notebook with the presentation powerpoints and a USb drive with papers and powerpoints. do you want both a notebook and a USb drive? do you only want a USb drive?5. Payment Information MasterCard Visa American express Check enclosed payable to HospitalityLawyer.comCard #:exp. date: name on Card:Check Payments: Please send checks to: HospitalityLawyer.com, 2450 Louisiana, Ste. 400-416, Houston, TX 77006. Cancellation & Refund Assistance due to our conference venue commitments, conference registrations are non-refundable. Substitutions are always welcome (please contact us with the sub- stitute’s name so we can have their materials ready). Alternately, the conference registration amount may be applied as a credit for any HospitalityLawyer. com conference within 12 months of the date of the conference for which the attendee originally registered. Questions? please contact HospitalityLawyer.com at 713-963-8800 or email diana@hospitalitylawyer.com. Follow Us on : @hospitality_law Join our group on : Hospitality Law Conference

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