Project Restructuring and Dispute Resolution

The Leisure and Resorts Group is a multi-faceted team of professionals that bring experience in project structuring, development, and financing to the challenge of preserving and restructuring single use and mixed use hotel and resort developments.  The group regularly represents owners, developers, investors, operators, and financial institutions in all aspects of conflict resolution, project restructuring, loan workouts, foreclosures, and litigation.  Our experience in handling these matters, combined with our knowledge and global perspective of the leisure and resorts industry, make us a high value resource to our clients.

The attorneys of the Leisure and Resorts Group believe in avoiding litigation whenever possible.  We work hand in hand with clients to evaluate dispute resolution and restructuring alternatives, incorporating the advice of a variety of legal and industry experts, as appropriate.  Whether counseling clients regarding labor and employment matters, environmental liabili­ties, operator and franchisor disputes, partnership and shareholder disputes or loan workouts, our industry knowledge assures maximum effec­tiveness and effi­ciency in resolving disputes.

Our experience in the representation of the broad spectrum of stakeholders in a complex hotel or resort development is particularly valuable to a client.  Our understanding of the needs and experiences of the parties can eliminate substantial expenditures of time and money on unproductive strategies.  This is all the more important in the context of mixed use resort developments and complex financial structures incor­porating hybrid debt-equity investments.

No matter what your problem or obstacle, the Leisure and Resorts Group can provide the responsive and creative solutions that will help you achieve your business objective.

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 brought by the employees.
• Experience in representing owners and operators in a broad variety of management contract disputes, including claims regarding performance standards, fiduciary duties, and wrongful termination.
• Representation of clients regarding federal and local employment and labor issues, including facility closings and successor liability issues.
• Claims among partners and shareholders, including claims impacting financing covenants.
• Management of the due diligence process and conducting litigation audits to determine suc­cessor liability risks
• Management and lease agreement audits to evaluate contractual compliance and advise clients on appropriate courses of action.
• In the area of club membership structure, we handle litigation regarding membership plans and disputes between club members and management.
• Counseling clients regarding the effects of natural disasters, including hurricanes and extensive environmental contamination.

The Leisure and Resorts Group 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, industry resources, and the most up-to-date research capa­bilities, our attorneys work closely to learn the core objective of each client and to develop an approach to achieve that objective. Our professionals get in and get the job done.