On September 29, 2016, President Barack Obama signed the Continuing Resolution, passed by Congress to avoid shutting down the Federal government by continuing to fund government operations and most of its agencies. The Continuing Resolution is a temporary solution, and continues funding at 2016 levels only through December 9, 2016. A number of programs are included in the Continuing Resolution, among them, the EB-5 Regional Center program. In this Article, I will discuss some of the major issues and impacts on the EB-5 Immigrant Visa Program anticipated for 2017, and review the benefits to financing hotels through the EB-5 Program. READ MORE

The FTC's has stepped up enforcement of social media advertising in the entertainment and fashion industries and this effort is likely to continue and expand to other industries. Advertisers and retailers in the travel tourism and hospitality industry need to be mindful to make sure that if any content is sponsored or any influencer or spokesperson is paid to promote a product or services online, a clear and conspicuous disclosure is required. It is possible that FTC enforcement also may soon target individual influencers and require clear and conspicuous disclosures by them regarding the endorsement of products or services for compensation. READ MORE

They're Coming to the U.S.A. Foreign investors are making headlines as they take ever bigger positions in the U.S. hospitality market. Notably, the structure of the hotel management agreement (HMA) - a complex and often misunderstood instrument - has major legal implications for foreign owners and managers. In this article, we explore the friction between owners and operators whose interests are not always aligned - particularly during periods of economic downturn. Therefore, negotiating a proper HMA is critical to governing the relationship. READ MORE

CDA § 230 is shorthand for Section 230 of the Communications Decency Act, 47 U.S.C. § 230 (2016). It is the law cited by short term rental companies ("STRC"), such as Airbnb, when they argue with city and state governments and in the courts that their businesses are not subject to state and local regulation. It is fair to say that the STRCs are of the opinion that city and state governments are nearly powerless to regulate them in any way whatsoever, absent their consent. CDA § 230 provides, in pertinent part, that: "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider." READ MORE

The hospitality industry experiences change every single day. Each day sees changes in guests, rates, menus, events and staff. At a higher level, hotels across the globe experience changes in management, brands, job responsibilities, revenue strategy and guest expectations. Sweeping changes in distribution, technology, analytics and merging industry conglomerates also affect nearly every hotel in every region. READ MORE