Check-in - March 2023

We are delighted to share the March 2023 edition of Check-In, Bird & Bird's quarterly newsletter for hotel, hospitality & leisure businesses. The newsletter focuses on hot topics and legal
developments impacting on various aspects of the sector around the globe.

In this edition, we are very happy to feature the first podcast interview in a series that we are launching this month, with inspirational young women in the hospitality sector. In this first podcast Ina Plunien, Vice President at Cedar Capital Partners, speaks with Karen Friebe about female leadership and representation in the sector.

We also have our three regular highlights: HMA Bites, where Associate James Fowler explores various aspects of Hotel Management Agreements, this time focusing on damage and casualty clauses; Employment Corner, where Partner Alison Dixon summarises the latest employment law issues for hotel, hospitality & leisure businesses; and Construction Columns, where Partner Andrea Chao looks into
the various trends, opportunities and challenges facing the construction and development of hotels.

Finally, in the first of a new series – Open All Hours - we are putting the spotlight on the increasingly important topic of Competition law and its impact on the hotel sector.

Please get in touch if you would like to discuss any of the issues raised in these articles, or visit our webpage for more information about Bird & Bird's Hotels, Hospitality & Leisure team.

• Spotlight on Representation and female leadership
• HMA Bites
• Employment Corner
• Construction Columns
• Open All Hours
• News & Events

Spotlight on Representation and female leadership

Podcast: Interview with Ina Plunien, Vice President at Cedar Capital Partners

In the first in a series of interviews with inspirational women in the hospitality sector, Head of Bird & Bird’s Hotels, Hospitality & Leisure group, Karen Friebe, speaks with Ina Plunien, Vice
President of Cedar Capital Partners. Ina shares her journey to her current position, and chats with Karen about key challenges for women in this sector and the importance of sponsorship.
We also hear Ina’s view on the most meaningful actions companies can take to support women as they start and progress through their careers, as well as her tips for young women as they embark on a similar career path to her own.

Listen to the podcast here

HMA Bites

Damage and casualty clauses

In each edition of Check-In we will take a concise look at an issue relating to hotel management agreements and provide insight, tips and advice based on our experience in practice. In this edition, we will look at the topic of damage and casualty clauses.

Though they may intersect and overlap with force majeure clauses, it is unsurprising that HMAs contain standalone "damage and casualty" clauses as standard. After all, the hotel is the physical asset that underlies the entire HMA (and a very expensive one at that) – and so Owners and Operators will both want to legislate for what happens if it is damaged or destroyed.

Read the full article here

Employment Corner

Welcome to Employment Corner!

In each edition of Check-In we will explore the latest developments in Employment law and their importance to the Hotel, Hospitality & Leisure sector. In this edition, we will look at, among other topics:

• The key challenges facing UK employers over the coming months
• A case update - Teixeira v Zaika Restaurant Ltd and another
• The UK Government’s consultation paper relating to Harpur Trust v Brazel
• National Minimum Wage rates for 2023/2024

Read the full article here

Construction Columns

Five legal and non-legal tools to increase the chance of a successful hotel project

Through Construction Columns we want to showcase solutions within the construction industry that hotel & leisure projects can benefit from. In the March 2022 Construction Column, we covered the increasing challenges of developing or redeveloping a hotel or hospitality/leisure asset and considered the redevelopment of a historical building in a busy city centre.

Over a long construction period a lot can happen and the COVID-19 pandemic, the war in Ukraine and global supply chain issues are prime examples of unforeseen events that would provide serious challenges. In this article we will look at five specific legal and non-legal tools that can increase the chance of a successful project, despite such challenges.

Read the full article here

Open all hours

Competition law and the hotel sector (part 1)

EU and UK competition law is an often underestimated and misunderstood area of law. However, it very much applies to the hotel sector which in recent years has been subject to
increased scrutiny. Businesses that fail to comply with these laws could face significant fines, reputational damage and more, which is why being able to spot the red flags is crucial.

In this new three-part series, we highlight some of the competition law issues applicable to the hotel sector and how businesses can navigate these hazards. In this first alert, we provide
an overview of the common restrictions captured by the prohibition of anticompetitive agreements set out in Chapter 1 of Competition Act 1998 and Art 101 TFEU.

Read the full article here

News & Events

Our team contributes to the third edition of the International Hotel Law Review

We are delighted to share the third edition of the International Hotel Law Review, edited by Karen Friebe & Graeme Payne. Members of our international Hotels, Hospitality & Leisure team authored 12 of the country chapters, as well as two overview chapters looking at hotel franchising and IP/branding. The International Hotel Law Review provides a panoramic view of the evolving landscape of the dynamic hotel market, with a focus on recent developments and practical advice relating to risk areas and emerging trends.

Take a look at the book online or order a print version here

Meet the team at this year’s International Hospitality Investment Forum in Berlin

Members of our international Hotels, Hospitality & Leisure team are looking forward to attending the IHIF in May. Karen Friebe will be chairing a panel session on “Management Agreements: A Critical Review” at 14.00 on Tuesday 16 May. Karen will speak with hospitality sector experts about how market conditions, owner demands and increasing operator competition have shaped the management agreement in recent years.

We hope to see you there!

Webinar: Hotel Investment and the role of Private Equity

Bird&Bird, together with our friends at HVS, AlixPartners and EP Business in Hospitality, are pleased to present our next online webinar on the subject of Hotel Investment and the Role of
Private Equity, to be held on Thursday 27 April 2023 at 9am.

Graeme Smith (AlixPartners) and Charles Human (HVS) will be presenting the topic from their respective perspectives, introduced by Chris Sheppardson (EP Business in Hospitality). This will be followed by a lively panel session which will be moderated by Russell Kett (HVS). The webinar will be concluded by 10.30am.

Panellists include:

• Louise Gillon – Bank Leumi UK
• Chris Penny – Starwood Capital
• James Salford – Bird & Bird
• Jan-Willem Terlouw - Amante Capital
• Tina Yu – KSL Capital Partners International

RSVP Here

In-person event: Entrepreneur's Pitch

On Thursday 29 March, we’re delighted to be hosting, in partnership with EP Business in Hospitality, the first of a new series of “Entrepreneurs Pitch” events at our London office.

Five entrepreneurs will present their business proposals to a panel of judges before opening questions to the audience which will make for an exciting and engaging event. We’ll be welcoming exceptional new hospitality-related concepts and are delighted to be supporting new entrepreneurial innovators - many are working hard to hone their proposals as they seek
to attract investors, clients, partnerships and advice. If you are interested in participating in a future Entrepreneur's Pitch event, please send us an email using the link below.

Register your interest here