Hospitality Performance Tests In the Real World
December 01, 2024
Hotel management agreements often contain language permitting a hotel owner to terminate if the hotel’s performance fails to meet certain financial metrics. This provision, colloquially referred to as the “performance test,” is touted as a form of protection for owners by providing a right to terminate (or to receive a “cure payment”) if the hotel underperforms. But the reality is performance tests are generally structured to make them difficult, if not impossible, to fail, leaving hotel owners without the financial protection they thought they bargained for — or worse.
Subchapter V Could Be Ideal Choice for Franchisees
December 01, 2024
When franchisees choose to financially reorganize under the Bankruptcy Code, they may be the right size to choose to reorganize under Subchapter V of Chapter 11. Where the franchisor and the franchisee cannot reconcile, Subchapter V may provide the franchisee with breathing room and leverage to be revitalized.
Can Your Spouse Help You Find New Clients?
December 01, 2024
Sooner or later, everyone needs a lawyer. It has been said the average American knows 600 people. You might have done a good job at raising awareness among your friends about how your can help them. Your partner likely knows 600 people too. There is overlap, but plenty of new names. Can they spot a business opportunity and tell your story?
Fresh Filings
December 01, 2024
Notable recent court filings in entertainment law.
Most Companies Don’t Honor Privacy Opt-Outs
December 01, 2024
Global privacy control lets computer users set privacy preferences in their browsers, automatically sharing those choices whenever users go to a site. It’s supposed to give individuals more control over their personal data, allowing them to opt in or out of cookie usage, data sharing, data selling and targeted advertising.But they only work if companies honor them. And in most instances, they don’t.
How to Turn More Lawyers Into Rainmakers
December 01, 2024
As a leader, one of your main responsibilities is helping your lawyers generate more revenue. But what tools and approaches can you employ to make that happen?This article shares insights from a five-week mastermind program conducted with 20 Professional Development experts from Am Law 200 firms.
Despite SCOTUS Ruling, Aggravated Identity Theft Statute Ripe for Overreach
December 01, 2024
Despite a Supreme Court ruling aimed to curb the prosecutorial overreach of the Aggravated Identity Theft Statute by narrowing its interpretation, the statute remains inherently vague, perpetuating unjust outcomes. Without legislative amendment or more definitive judicial guidance, the statute will continue to serve as a tool for prosecutorial overreach.
