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 August 2019...

Food & Beverage: Millennial Chefs Lead the Way

Led by Millennial chefs, hotels continue to foster sustainability, sourcing and wellness within their dining rooms and banquet spaces, and by all measures, this is responsible for an increase in their revenues. In many hotels, the food & beverage division contributes 50 per cent or more to hotel sales and they are currently experiencing double-digit growth. As a result, hotel owners are allocating an increasing amount of square footage for F&B operations. The biggest area of investment is in catering, which is thriving due to weddings, social events and business conferences. Hotels are also investing in on-site market or convenience stores that offer fresh/refrigerated foods, and buffet concepts also continue to expand. Other popular food trends include a rise of fermented offerings such as kombucha, kimchi, sauerkraut, tempeh, kefir and pickles - all to produce the least processed food possible, and to boost probiotics to improve the immune system. Tea is also enjoying something of a renaissance. More people are thinking of tea with the same reverence as coffee due to its many varieties, applications and benefits. Craft tea blending, nitro tea on tap and even tea cocktails are beginning to appear on some hotel menus. Another trend concerns creating a unique, individualized and memorable experience for guests. This could be a small consumable item that is specific to a property or event, such as house-made snack mixes, gourmet popcorn, macaroons, or jars of house-made jams, chutneys, and mustards -all produced and customized in house. One staple that is in decline is the in-room minibar which seems to have fallen out of favor. The August issue of the Hotel Business Review will document the trends and challenges in the food and beverage sector, and report on what some leading hotels are doing to enhance this area of their business.