Law360: NY Appellate Court Reverses Times Square Hotel Ruling

December 6, 2022 – Law360 reports that Brewer client M&C New York LLC, owner of the former Novotel Times Square Hotel, has prevailed in its appeal of a lower court ruling that dismissed a breach of contract lawsuit against the hotel's former manager, hotel operator Accor Management US Inc. 

According to the report, "The appellate court favored hotel owner M&C New York (Times Square) LLC's argument that it had complied with the provisions of its hotel management agreement with operator Accor Management US Inc. when it issued an April 2019 notice of default due to the manager's alleged negligent accounting, misuse of hotel funds, unsupported payments and fee overcharges. The appeals court also rejected Accor's claims that it was protected by a safe harbor provision in section 14.3 of the hotel management agreement." 

Counsel for M&C New York, William A. Brewer III, told Law360 the decision paves the way for a trial, which is expected to shed light on Accor's management of the former Novotel Times Square. 

“This case underscores the principles that govern the relationship between owners and management companies,” says Brewer. “Our client believes Accor sought protections to which it was not entitled – and failed in its obligations to manage the property in owner’s best interest. This case is a cautionary tale for owners throughout the Accor system, and we are eager to proceed to trial.”

Read the report (subscription required). 

Victory for Starwood Hotels & Resorts in Multi-Million Dollar Dispute

January 1, 2008 – American Lawyer Media profiled firm Partner William A. Brewer III and the firm’s successful defense of Starwood Hotels & Resorts Worldwide, Inc. against claims relating to its ownership and management of two Westin hotels, one in Chicago and the other in San Franscisco.

As explained in the article, “Victory for Starwood Hotels & Resorts in Multi-Million Dollar Dispute,” $200 million was at stake but also something even bigger – failure could result in “scores of other hotel owners who might join together to file a class action on a similar claim…”

According to the article, “After a 17-month arbitration process and a two-week trial, Starwood in 2006 soundly defeated its opponent on every claim. The victory reaffirmed [the firms’] position as one of the leading hospitality litigation firms in the world. Because of the potential for other lawsuits should the company settle or lose, the case was a quintessential ‘bet-the-company’ lawsuit,” Brewer said.

Starwood Hotels & Resorts Announces Major Victory in Multi-Million Dollar Dispute

May 11, 2006 – Starwood Hotels & Resorts Worldwide, Inc. (NYSE:HOT) announced today a major victory in an arbitration relating to the ownership and management of two Westin hotels. A three-member arbitration panel issued a unanimous ruling on April 28, finding that Starwood and Westin Hotels Limited Partnership (“WHLP”) had prevailed in a 17-month long arbitration proceeding and were not liable for any portion of the more than $200 million Kalmia Investors, LLC (“Kalmia”) alleged as damages to the WHLP partnership in which it is an investor.

Kalmia asserted numerous claims against WHLP, Starwood and Westin Realty Corporation ("Westin Realty"), the general partner of WHLP, and sought lost profits, disgorgement of management fees, punitive damages and the alleged lost value from the sale of the two hotels in question.

The panel denied Kalmia's claims, stating, "Kalmia failed to carry its burden of proving, separately or in combination, misconduct (by Starwood, WHLP, or Westin Realty) violative of any contractual, fiduciary or other legal duty owed to Kalmia by those parties," and that, “the total damages sought by Kalmia were inflated, unsupported, and lacking in credibility.” The panel also characterized Kalmia's main theory of damages as “entirely speculative and highly improbable.”

“This is an important victory for us," said Kenneth S. Siegel, Chief Administrative Officer and General Counsel of Starwood Hotels. "This ruling is a major validation of Starwood's business practices and proves that we honored our duties to all parties involved and acted in the utmost good faith. We look forward to continuing to successfully manage the Westin St. Francis Hotel and the Westin Michigan Avenue Hotel.”

“The panel’s decision vindicates Starwood's management of these two great hotels," said William A. Brewer III, partner at Bickel & Brewer and lead defense counsel for Starwood. “We are pleased that the panel agreed and denied Kalmia's claims in all respects.”

To read more, click here.