William Brewer Writes About the Responsibilities of Hotel Owners and Management Companies for Hotel Business Review

July 28, 2020 — Managing Partner William Brewer wrote an article for Hotel Business Review published on July 26, 2020, titled “History Lesson: Owners and Management Companies Weigh Responsibilities and Risks in Response to COVID-19.”  

In part, Brewer writes: “Today, the chain brand hotel companies (e.g., Marriott, Hilton, IHG, etc.) represent 69% of the rooms in supply. They do so through a variety of brands, spread over different price strata, offering different levels of facilities and services to their guests. Although the traveling public may not realize it, the brands rarely own any of the hotels within their 'chain' of distribution. Rather, the owner of the hotel is either a licensee or the principal who has contracted for the asset to be managed by the brand. This was not always so.” 

Amidst the coronavirus pandemic, Brewer writes that, "In times of uncertainty, the fiduciary obligations of every hotel operator should take on increased significance. As the pandemic continues to wreak economic havoc globally, and with a possible continued recession around the corner, hotel operators have a legal responsibility to their owners to give immediate attention to particular issues that may arise over the course of the hotel's operation and management. A failure to uphold these duties may result in an owner's loss of trust and confidence in the operator's management, and operators who breach their fiduciary duties will entitle owners to terminate their hotel management agreements with immediate effect."

Brewer is a frequent contributor to Hotel Business Review, and serves as featured “guest author” of the publication. Visit the publication and most recent article here.

Partner William Brewer Writes about Home-Sharing Services in Hotel Business Review

December 9, 2018 — Partner William Brewer writes in Hotel Business Review about how home-sharing services are poised for growth and the subsequent legal issues that homeowners in the business are facing. The article is titled “More Than Just Hot ‘Air’: A Legal View of Short-Term Home-Sharing.” The article emphasizes that home-sharing has “sound legal footing” in the hospitality arena. 

The article confronts the challenges faced by homeowners as urban and suburban communities attempt to regulate home-sharing activity. Brewer writes that, “These legal issues have brought the need for experienced attorneys, those well-versed in the ever-expanding caselaw and circumstances facing the hospitality industry. As artificial barriers – economic and even non-economic restrictions – are interposed to limit the use of their assets, homeowners will need to coalesce behind advocates able to break them down.” 

Consultant Peter J. Schwartz contributed to the article.

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Firm Represents Hotel Operator in Lawsuit Against Gansevoort Hotel Group, LLC

October 30, 2018 — Brewer, Attorneys & Counselors announced that it has filed a lawsuit against Gansevoort Hotel Group, LLC (“Gansevoort”) on behalf of its client, the operator of Gansevoort Turks + Caicos, a Wymara Resort (the “Resort”). The lawsuit claims the Resort has been adversely impacted by Gansevoort’s failure to maintain and grow the Gansevoort hotel brand. 

Filed in New York Supreme Court on October 26, 2018, by Wymara Ltd. and Wymara Developments Ltd. (together, “Operator”), the suit seeks declaratory relief to safeguard Operator’s significant financial investment in the Resort, as well as monetary damages to compensate it for the losses the Resort has incurred as a result of Gansevoort’s breaches of contract. 

“Our client believes Gansevoort Hotel Group failed to meet its obligation to maintain the quality of the brand, leaving our client with significant damages,” says William A. Brewer III, partner at Brewer, Attorneys & Counselors and lead counsel for Operator. “In fact, our client’s resort is now one of only two Gansevoort-branded properties remaining in the world – and there are no plans to grow the brand in the future. Of course, this reality is a far cry from the promises made to our client – that Gansevoort would be a luxury brand.” 

The New York Post reported on the lawsuit in an article dated Oct. 30, 2018, titled “Caribbean resort sues to get out of pact with ‘outdated’ Gansevoort Hotel.”

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William A. Brewer III to Present at HAMA Spring Conference

March 30, 2018 — Firm Partner William Brewer is scheduled to present at the HAMA (Hospitality Asset Managers Association) Spring 2018 conference, scheduled for April 12-13, 2018, in Leesburg, Virginia. Mr. Brewer will be a featured speaker on the topic of Franchise and Management Agreements – scheduled for 11:15 a.m. on Friday, April 13. 

His topic will address the following issues: When the market shifts, there are winners and losers. It’s important to know how to realistically protect your investment. What are today’s issues at the negotiation table and how can owners leverage their negotiating power? 

Please visit the conference website to register and learn more: http://www.hamagroup.org/. HAMA is considered the "pre-eminent organization of professionals responsible proactively increasing asset values on behalf of hotel owners worldwide."

William Brewer to Speak at 2018 NYU Hospitality Conference

February 28, 2018 — Firm partner William Brewer is scheduled to present at the 2018 NYU International Hospitality Industry Investment Conference, scheduled for June 3 – 5, 2018, at the New York Marriott Marquis hotel in New York City.

Mr. Brewer will be a featured panelist on the topic, “Latest from the Front Line: Hot-Button Issues on Franchise and Management Agreements.” The panel discussion will explore the increasingly complex regulatory environment for franchises, and the increasingly competitive landscape for hotel managers. What are today’s big issues when everyone sits at the table to negotiate the contracts? Where can managers and franchisors flex, and how can owners better understand and leverage their negotiating power? 

Please visit the conference website to register and learn more: http://www.sps.nyu.edu/academics/departments/tisch/conferences-events/ihii-conference.html

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Brewer Attorneys Author Article Published in Hotel Business Review (HBR)

January 2018 — Partner William A. Brewer III and Senior Associate Timothy H. Birnbaum authored an article titled, “Terminating the Hotel Management Agreement in the Mega-Merger Era,” published in the January 2018 issue of Hotel Business Review.

Founded in 1996, Hotel Business Review is recognized as a leading industry new resource for owners, managers, investors and other industry principals.

The article explores how hotel owners are impacted by the recent wave of large-scale mergers and acquisitions – and the “invisible hand” of brand management companies that often seek to protect their own interests.

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The Wall Street Journal: Marriott Loses Trendy Waikiki Hotel 

August 29, 2011 — The Wall Street Journal reports that, in a "dramatic move," the owners of the Waikiki Edition in Hawaii installed new management and changed the signs and locks on their property overnight to reflect a new name, the Modern Honolulu. The report states that the "changes were made in spite of a contract that allows Marriott [International Inc.] to run the hotel as an Edition for 30 years." 

William A. Brewer III, counsel for M Waikiki LLC, the hotel owner, told the Journal that his clients have the legal right to terminate the contract, alleging that Marriott is mismanaging the property. 

The Journal reports that, in a legal filing in May in New York Supreme Court, M Waikiki claimed Marriott "had failed to make the flashy new Edition hotel brand a success, resulting in the Waikiki location underperforming relative to its market." The owners said further that occupancy for the fourth quarter of 2010 had been 30% — well below the 62% rate predicted by Marriott. 

To read the full report, click here


Reuters: Marriott, Schrager Sued by Hawaii Hotel Owner

May 30, 2011 — Reuters reports that owners of the Waikiki Edition have filed suit against Marriott International Inc. and hotelier Ian Schrager, Marriott's partner in creating the Edition brand. The lawsuit, filed by Bickel & Brewer on behalf of M Waikiki LLC, "seeks to end a 30-year management agreement and recover losses and overruns tied to the 353-room beachside hotel." 

"We believe empty promises were made in connection with the launch of Edition — and the damage done to our clients has been further compounded by Marriott's inability to effectively manage this property," said William A. Brewer III, partner at Bickel & Brewer and lead counsel for M. Waikiki LLC. "Based on the breaches of its contractual obligations to our client, we are seeking to remove Marriott from the management of the Hotel." 

To read the full report, click here