Litigation and Asset Resolution

Practice Description

The Leisure and Resorts Group has a multi-faceted team of attorneys that have represented financial institutions, investors, owners, operators and developers in all aspects of asset resolution, loan workouts, foreclosures and litigation. The combination of our in-depth experience in handling these matters plus our knowledge and global perspective of the leisure and resorts industry is an uncommon resource we provide to our clients.  Our experience means we are not only adept in understanding the complexities of leisure and resorts enterprises, but also in resolving matters quickly and efficiently for our clients.

The Group's litigation team is augmented by the talent and background of attorneys with sound business acumen. This multi disciplinary group is composed of banking regulatory, real estate finance, resort development, corporate finance, employment, environmental, gaming and bankruptcy attorneys. No matter what your problem or obstacle, our team can provide the responsive and creative solutions that will help you achieve your business objective.

We believe in avoiding litigation whenever possible. We work with clients to assess risk, guide them through the due diligence phase and evaluate properties. Our labor attorneys have extensive experience in working with employers to establish preventative measures and guidelines to avoid labor violations and claims. Whether we are counseling clients regarding employment and labor, environmental concerns, class action, lease disputes or loan workouts, our comprehensive industry knowledge assures that we will be effective in resolving any litigation matter.

The following is a representative summary of our experience:

  • Representation of mortgage lenders in a series of lawsuits relating to a hotel/resort property on St. Croix, Virgin Islands. These disputes included a loan foreclosure and the defense of claims against the lenders relating to labor and employment law matters, including the Plant Closing Act. In addition we successfully represented the lenders in a class action lawsuit that was brought by the employees.
  • Experience in representing clients regarding disputes between operators and owners involving management contracts, concession agreements and leases. This also includes litigation surrounding change and control issues.
  • Representation of clients in regard to the early termination of agreements.
  • Representation of clients regarding federal and local employment and labor issues, including facility closings and successor liability issues.
  • Management of the due diligence process and conducting litigation audits to determine a successor's liability and risk.
  • We conduct management agreement audits, lease agreement audits and evaluate all contractual elements to determine their effectiveness.
  • In the area of club membership structure, we handle litigation regarding membership plans and disputes between club members and management.
  • Experience in counseling clients regarding the effects of natural disasters, including rebuilding after hurricanes and damage issues due to oil spills.

The Leisure and Resorts Group's litigation team has the ability to quickly understand a situation and determine the best course of action, which is the foundation of our success. Supported by our investigative team and the most up-to-date computer research capabilities, our attorneys work closely to learn the real objective of the client and develop an approach to achieve that objective. Our litigators get in and get the job done.

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