ATTORNEYS. Hospitality. LewisBrisbois.com

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1 ATTORNEYS Hospitality

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3 Hospitality Nationwide attorneys at Lewis Brisbois Bisgaard & Smith LLP possess hundreds of years of knowledge and collective experience in providing legal services to clients in the hospitality industry. Our hospitality attorneys are available nationwide to assist our clients in any area of the law. HOSPITALITY LITIGATION Our litigators are experienced trial attorneys who represent members of the hospitality industry in all types of disputes in the state and federal courts across the nation. We represent hotels and restaurants in litigation involving premises liability, negligent security, liquor liability, franchise disputes, employment and labor, contract disputes, environmental matters (including California Proposition 65 claims), construction, bankruptcy and intellectual property. In addition, we have extensive experience in government regulatory matters involving zoning, licensing and environmental disputes. LIQUOR LIABILITY The firm successfully defends bars, taverns, hotels and other social organizations against claims from third-parties for injury or death from the sale of alcohol to intoxicated patrons or to minors. Lewis Brisbois Bisgaard & Smith LLP has been successful in dispositive motions involving dram shop liability, and seek costeffective dispositive motions whenever possible. The firm effectively negotiates low settlements in cases involving serving alcohol to underage persons. PREMISES LIABILITY The firm regularly defends hotels, casinos, restaurants, sports and entertainment venues, in a wide variety of premises liability actions, including claims for slip/trip-andfall, criminal conduct of third parties on the premises, negligent security claims, false imprisonment and claims involving food borne illness. The group s recent success in defending premises liability matters include: Jury defense verdict in a Federal matter against a property owner for personal injuries from falling on a wheelchair ramp. Defense verdict in a case involving claims of inadequate security procedures by a Las Vegas casino and hotel leading to personal injuries when a fight broke out between casino patrons. Defense judgment in a claim of negligent security where a berserk patron shot a fellow Las Vegas casino guest to death over a jackpot.

4 RESTAURANT LIABILITY The firm has established a Restaurant Litigation Team ( RLT ) comprised of a diverse, cohesive team of trial attorneys with expertise in investigating and defending complex premises liability, food safety, food handling and franchisee/franchiser agreements and disputes. As members of the National Restaurant Association, our attorneys have demonstrated a commitment to defending the food and restaurant industry against claims of food borne illness, unsafe food handling practices and adulterated products. Every RLT attorney is equipped to review the medical evidence and make decisive, early assessments about the potentially causative pathogens and factors, as well as identify compliance food safety standards set forth in the Food and Drug Administration s Food Code, as well as the various states. Our clients receive immediate attention to any outbreak claims and can expect a streamlined litigation protocol for controlling the media, identifying potential pathogens, working with the involved health departments and securing all available contribution and indemnification in the chain of distribution. CONSTRUCTION Lewis Brisbois Bisgaard & Smith LLP has a well established team of attorneys who have successfully defended hotels, casinos, restaurants, sports and entertainment venues in a wide variety of construction projects. The team has a stellar record defending cases involving alleged design and construction defect, and construction fee disputes. The firm s construction defect lawyers have tried cases in virtually every area of construction in commercial projects. The firm also maintains an active surety and fidelity bond practice with expertise in contract and commercial surety, fidelity issues ranging from license bonds to complex international fidelity investigations, commercial surety and contract surety. Our attorneys have extensive experience in investigating employee dishonesty policies, financial institution bonds and other types of fiduciary bonds. The Construction Practice Group also has demonstrated expertise in the interpretation and litigation of claims arising out of indemnity agreements and additional insured endorsements, as well as expansion projects, real estate disputes, disputes surrounding construction of franchised establishments, disputes with unions, disputes with franchisors, disputes between owners, tenants, contractors and suppliers and generally in the context of contract negotiation, mediation, arbitration and litigation. LABOR AND EMPLOYMENT Our more than 80 attorney Employment Practices Department represents clients in all phases and types of employment litigation, counseling, training and collective bargaining. Our team of employment experts are spread throughout our locations across the United States and provide our hospitality clients with sound counsel in dozens of jurisdictions. Our size and geographic coverage allows us to provide our employment clients with consistent representation throughout the nation. While the bulk of our time is spent defending employers in litigation, from a general philosophical standpoint, our team focuses on preventing litigation and reducing exposure to our clients. However, while sound policies, training, and self-auditing generally prevent significant problems, sometimes employment litigation is inevitable. In those instances, due to the sensitive and volatile nature of employment litigation, our attorneys formulate early and aggressive strategies to resolve matters. When early resolution is impossible, impractical or undesirable, we try cases. Every year, our Employment Practices Group tries many lawsuits, and participates in many more arbitrations and administrative hearing proceedings.

5 CORPORATE AND REAL ESTATE The firm s Corporate and Real Estate departments are equipped to help with advice and counsel to address your specific hospitality needs, including: Business and corporate matters Corporate finance issues Real estate and land use Labor and employment Acquisitions and sales Environmental issues Zoning Land use and permitting Architectural and construction contracts Management and operating contracts Ground and air rights Leasing and concession agreements We also have a number of LEED Accredited Professionals in different practice areas to provide counsel and representation to hospitality companies that are involved in green construction and renovation or implementing environmental policies. BANKRUPTCY AND REORGANIZATION The attorneys in our Bankruptcy and Insolvency Department are skilled at representing both debtors and creditors in the hospitality industries in the bankruptcy courts across the nation. The Bankruptcy and Insolvency Department assists businesses in formulating and carrying out creative problem-solving strategies when they are faced with insolvency; either their own, or that of a customer or borrower. Our bankruptcy attorneys represent clients with diverse interests, including companies and individuals who are reorganizing, bankruptcy trustees, plan disbursing agents, lenders, landlords, and acquirers of assets from bankruptcy estates. We have represented clients in all aspects of contested matters and adversary proceedings, including fraudulent conveyances, preferences, relief from stay motions, non-dischargeability actions, trustee motions, and the entire range of litigation that arises in bankruptcy cases, including appeals. The Department includes two attorneys who serve as Chapter 7 Panel Trustees and have served as Chapter 11 trustees in numerous bankruptcy cases. In addition to its Bankruptcy/Insolvency practice, the Department also is responsible for general business transactions, specifically: the Department assists clients with out-of-court workouts as well as in structuring real and personal property asset sales and/ or purchases; represents Assignees for the Benefit of Creditors; and coordinates with our Real Estate Department in structuring or addressing commercial lease issues. GOVERNMENT RELATIONS AND REGULATORY LAW Our attorneys assist hospitality clients through the administrative, regulatory and legislative processes of the local and state governments. Our experience includes handling matters of concern to the hospitality industry, including matters involving corporate, real estate, environmental, litigation, taxation, and land use. We have significant past experience and maintain ongoing relationships with regulators experience that is very helpful to our clients in today s increasingly regulated environment.

6 Hospitality Practice Leadership JOSH COLE AICKLEN CHAIR Las Vegas KAREN CAMPBELL New York JAMES R. DOYLE Atlanta CHRISTOPHER NEVIS San Francisco CARY L. WOOD Los Angeles TIMOTHY J. YOUNG Chicago

7 Firm Overview Established in 1979, Lewis Brisbois Bisgaard & Smith LLP is a national, full-service law firm with nearly 900 attorneys and 30 offices, in 16 states and the District of Columbia. Our national practice is sophisticated, multi-faceted and well-versed in current legal trends, while our individual state practices provide vast resources and knowledge of procedural and legal nuances. Lewis Brisbois offers legal practice in nearly 30 specialties, and a multitude of sub-specialties associated with each practice area. Our attorneys have broad knowledge, expertise, and sensitivity to their clients unique needs. Through interaction among its practice groups, Lewis Brisbois provides a wide range of legal services to each client with a continuity of representation over multiple disciplines. We have built longstanding relationships with corporate and institutional clients based on our ability to provide comprehensive service on a national scale. At Lewis Brisbois, diversity is an integral part of our firm culture and our daily life. We accomplish diversity not by committee or initiative, but through the true and committed practice of hiring the best people for the job and consistently rewarding excellence. The success of these policies is reflected in the fact that Lewis Brisbois has repeatedly received national recognition for its commitment to embracing diversity. Lewis Brisbois is committed to hiring and retaining a diverse group of talented lawyers and staff, and demonstrates that commitment through non-discriminatory hiring, retention and promotion policies. The diversity of the firm s client base is matched by the diversity of our attorneys. With offices from Los Angeles to New York, our attorneys reflect the communities in which they live. The firm s culture has fostered a diverse group of professionals committed to promoting the best interests of our clients, our communities and the legal profession. We are committed to supporting diversity through new and ongoing relationships with minority and women-owned businesses. Lewis Brisbois is known for its commitment to principled advocacy, an unflinching work ethic, and unyielding recognition of our duty to provide the highest level of service to our clients, who choose us because we take the time to understand their business interests and philosophies. We have developed sophisticated proprietary risk evaluation and litigation management processes that many of our clients have incorporated into their business practices, and we help them manage and defend claims and litigation. As a result, they are avoiding and reducing losses that impact their bottom line. Our practice includes pre-suit counseling and problem solving based on a structured and accurate analysis of likely outcome. We know our clients objectives are often best served by a pre-suit resolution, and we are often judged by the advice and counsel we provide toward that end. However, when trial is the answer and in the client s best interest, no law firm in this country understands and better executes a trial strategy than Lewis Brisbois. We are truly client driven and result oriented. For more about Lewis Brisbois, please visit us at.

8 Nationwide Locations ATLANTA 1180 Peachtree Street NE Suite 2900 Atlanta, Georgia T: F: DENVER The Brind Mansion 825 Logan Street Denver, Colorado T: F: LAS VEGAS 6385 South Rainbow Blvd. Suite 600 Las Vegas, Nevada T: F: ORANGE COUNTY 650 Town Center Drive Suite 1400 Costa Mesa, California T: F: SAN FRANCISCO 333 Bush Street Suite 1100 San Francisco, California T: F: BEAUMONT 550 Fannin Street Suite 800 Beaumont, Texas T: F: BOSTON 75 Arlington Street Suite 500 Boston, Massachusetts T: F: FORT LAUDERDALE 200 Las Olas Circle 200 S.W. First Avenue Suite 910 Fort Lauderdale, Florida T: F: HARTFORD 100 Pearl Street Suite 1438 Hartford, Connecticut Tel: Fax: LOS ANGELES 221 North Figueroa Street Suite 1200 Los Angeles, California T: F: MADISON COUNTY, IL Mark Twain Plaza II 103 W. Vandalia Street Suite 300 Edwardsville, Illinois T: F: PHOENIX Phoenix Plaza Tower II 2929 North Central Avenue Suite 1700 Phoenix, Arizona T: F: PROVIDENCE 10 Dorrance Street Suite 700 Providence, Rhode Island Tel: Fax: SEATTLE 2101 Fourth Avenue Suite 700, Seattle, Washington T: F: TAMPA 3812 Coconut Palm Drive Suite 200 Tampa, Florida T: F: CHARLESTON 209 Capital Street Third Floor Charleston, West Virginia T: F: HOUSTON 3355 West Alabama Suite 400 Houston, Texas T: F: NEWARK One Riverfront Plaza Suite 350 Newark, New Jersey T: F: SACRAMENTO 2850 Gateway Oaks Drive Suite 450 Sacramento, California T: F: TEMECULA One Ridgegate Drive Suite 245 Temecula, California T: F: CHICAGO 550 West Adams Street Suite 300 Chicago, Illinois T: F: LA QUINTA, CA Main Street Suite 203 La Quinta, California T: F: NEW ORLEANS 400 Poydras Street Suite 1320 New Orleans, Louisiana T: F: SAN BERNARDINO 650 East Hospitality Lane Suite 600 San Bernardino, California T: F: TUCSON One South Church Avenue Suite 2100 Tucson, Arizona T: F: DALLAS 901 Main Street Suite 4100 Dallas, Texas T: F: LAFAYETTE 100 E. Vermilion Street Suite 300 Lafayette, Louisiana T: F: NEW YORK 77 Water Street Suite 2100 New York, New York T: F: SAN DIEGO 701 B Street Suite 1900 San Diego, California T: F: WASHINGTON, D.C. 601 Pennsylvania Avenue, NW Suite 900, South Building Washington, D.C T: F:

9 CLIENT FOCUSED RESULTS DRIVEN w w w. l bwww.lbbslaw.com b l a w. c o m