Editorial Board   Guest Author

Ms. Cadwalader

Lynn K. Cadwalader

Partner, DLA Piper

Lynn K. Cadwalader represents clients investing in acquiring, developing and operating hotels and mixed-use projects in the United States and internationally, including Latin America and the Caribbean. Ms. Cadwalader's practice has recently expanded to include providing legal and business advice to foreign investors seeking to invest in hospitality and real estate assets in the US, as well as representing hotel owners and developers in structuring investments through the EB-5 immigrant visa program. Ms. Cadwalader represents private equity firms, developers, owners and operators in all facets of hospitality and mixed-use real estate investment and development, including both single property and complex multi-state portfolio transactions. Through her many years of practice in this hospitality sector, she understands the business, operational and legal aspects involved in negotiating the key transaction documents involved in this area, including purchase and sale agreements, hotel management agreements and related sales and marketing, pre-opening and technical service, and development agreements. Ms. Cadwalader is well known for her ability to craft workable solutions to tough legal and business issues. Her clients think of her as a business advisor as much as a lawyer. Many of her projects in the mixed-use area involve a sophisticated blend of concepts and uses contained in one integrated campus, requiring extensive planning and coordination of all components of the project to insure seamless operation. Ms. Cadwalader is adept at creating hotel mixed-use legal structures that take into account varying uses and operational needs. More specifically, her work in the hotel and mixed-use development area involves structuring the relationship between the hotel operator, the developer, key retail tenants, the master condominium and residential unit owners, and the owners associations governing the project, drafting and negotiating the hotel management and license agreements the CC&Rs and other documents that implement this structure and govern the complex relationships between the interested parties, structuring unit rental programs and related agreements, and advising on applicable real estate and securities law involved in the offer and sale of any project residential units, as appropriate. Internationally, this work has involved structuring and implementing mixed-use condominium and hotel projects in countries with laws that do not anticipate such structures or the hotel's need for control over the entire project in connection with hotel operations and maintenance of hotel brand standards. Ms. Cadwalader's practice in this area has involved representation of hotel owners and operators in structuring and negotiating branded mixed-use communities and hotel projects, including the negotiation of the hotel management agreements, license agreements, pre-opening agreements and technical service agreements. She has been highly sought after by hotel operators and developers entering foreign countries and adapting local laws to the needs of hotel operations. Ms. Cadwalader, working with local counsel in foreign jurisdictions, has created and implemented novel structures to address these hotel operational concerns. Ms. Cadwalader is a frequent speaker at hotel, hospitality and mixed-use development industry conferences.

Please visit http://www.dlapiper.com for more information.

Ms. Cadwalader can be contacted at 415-615-6050 or lynn.cadwalader@dlapiper.com

Coming up in November 2020...

Hotel Design: Home Away From Home

With the rise of the sharing economy and the peer-to-peer marketplace for lodging options, hoteliers are re-thinking the look, feel and appeal of their locations. There is an emphasis on re-creating a feeling of homeyness - a comfortable, cozy and inviting space that feels like home. 'This is accomplished through the careful selection of furniture design, paint colors, lighting design, artwork, bathroom fixtures and textile accessories. In addition, some hotels are providing their guests with upscale amenities, such as a book and movie library, home-style kitchenettes, a coffee machine with locally-sourced beans and tea, or even a batch of fresh-baked cookies. Similarly, there is a growing design trend based on the concept of place-making. Travelers are searching for experiences that are unique and authentic to the locale in which they find themselves, and so hotel designers are integrating a sense of place into their work. This is partially achieved by incorporating traditional artisanal crafts and other local artwork into hotel rooms and communal spaces. Another design trend includes the creation of full-service, co-working environments within the hotel. Guests don't like to stay alone in their room when they need to work, so now they can go downstairs to the lobby-or up to the roof-to work among others. These areas encourage guests - and non-guests alike - to stay as long as they like and to partake of hotel amenities. Finally, recognizing the importance of the Wellness Movement, some designers are exploring how room design can increase the likelihood of deep and restorative sleep. Creating dark and quiet spaces, blocking excessive light, providing guests with a selection of different kinds of pillows, and the ability to control room temperature, are a few of the best practices in this area. These are some of the architecture and design topics that will be covered in the November issue of the Hotel Business Review.