Jeffer Mangels Butler & Mitchell LLP’s Post

Hotel Dispute Lawyer – Should New York law govern your hospitality contract? How about Texas, California or Florida law? Check out my most recent article in Hospitalitynet.org #hospitalitycontract #hospitalityindustry #hospitalitylaw #JMBM #HotelLawyer https://lnkd.in/gd2v3QrA

📚 Understanding California's Law of Contract: Common Law v. UCC 📚 There are two legal frameworks: 1) the Uniform Commercial Code (UCC), and 2) Common law. Common Law: Common law governs contracts for services, real estate, employment, and other transactions not covered by the UCC. Uniform Commercial Code (UCC): The UCC is a comprehensive set of laws governing commercial transactions, including the "sale of goods", leases, negotiable instruments, and secured transactions. In California, both common law and the UCC play important roles in contract law, depending on the nature of the transaction. Understanding the distinctions between these two legal frameworks is essential for businesses, legal professionals, and individuals engaged in commercial transactions. Let's consider an example: We all love partying and hanging out with our friends, Let's imagine we have decided to enjoy "noodles". Noodles come as dry noodle packets that can be cooked by adding hot water in two minutes, they can also be ordered at a restaurant. When noodles are in packet form they are goods; When we go to the restaurant and order cooked noodles, they are "services". This is my understanding. Open for fair criticism. Comment for better reach! Have a good time! Happy learning 😊 #ContractLaw #UCC #CommonLaw #CaliforniaLegal

The Changing Legal Landscape for US Hoteliers https://lnkd.in/eEmNEHbU #hospitality #hospitalityleadership #hospitalitymanagement #hospitalityindustry #legal #legalchallenges

Wine or Vinegar? I was having lunch the other day with a longstanding friend who marvelled at the fact that I had been married for over 30 years. She is about ten years older than me and remarked that as husbands, in general, get older, they either mature like a fine red wine, or they turn to vinegar! As I pondered the implications of this through our laughter, I realised that actually, my marriage was a mixture of both. Most of the time I got a lovely full-bodied red wine, but now and then there was a splash of vinegar! I considered that so long as I was on the right side of the red wine, I was still winning. Well what has this got to do with conveyancing I hear you say? Well, as I have recently joined the Property Lawyers Action Group, we were discussing the benefits or otherwise of the Legal Services Act 2007. This was a landmark piece of legislation in the legal world which was supposed to open the doors for competition in legal services. One of the main tenets of the Act was the creation of alternative business structures (ABS) allowing solicitors to form partnerships with non-lawyers, accepting outside investment and being able to operate under external ownership. What have we ended up with as a result of the Act? (a) Lots of factory-style firms who provide poor service to their clients and indeed to their peers but who ostensibly appear too large to regulate. (b) Referral fees paid in abundance by ABS-style firms to buy work that they would not ordinarily win on their merits. (c) Owners of law firms devoid of integrity - just look at the Axiom Ince debacle. Also, investors are now calling the shots as can be seen in the consultancy model. Greed appears to be the order of the day. The above has resulted in delays in the conveyancing transactions because if one of these factory firms is anywhere in the chain, extensive delay is the ensuing result. I would wager a bet that if we got rid of those factory-style outfits, the ones that are represented by those Associations who purport to represent Conveyancers, but just represent their vested interests, the speed of transactions would increase significantly. The Legal Services Act 2007 promised us a fine red wine but we ended up with vinegar. Do you agree and if so what should be done about it? Wine or vinegar, have a wonderful day.

As the #restaurantindustry continues to grapple with challenges against #employee-#arbitration clauses, the #FifthCircuit has found that an arbitration agreement signed only by an employee is valid and enforceable. Read our latest Bar Bites blog by attorney Dawn Rudenko Albert to learn more.

The better way to resolve #HotelContract disputes: Judicial Reference or Arbitration? "The current prevailing choice is arbitration. The #HotelIndustry has been an innovator in the use of alternative dispute resolution to resolve disputes arising out of significant hotel contracts such as hotel management agreements, hotel franchise agreements, joint ventures, and even financing arrangements. Overwhelmingly, the industry has opted for binding arbitration. Proponents of arbitration claim that, compared to traditional court trials, arbitration can be faster, more private, impose experience or other qualifications on the arbitrator, and avoid a jury trial (with the potential for runaway verdicts). Many experts believe that the compelling “advantage” is avoiding jury trials, but there may be a better way to accomplish these objectives. See, Critical considerations for hospitality litigation, arbitration & alternate dispute resolution clauses in hotel contracts." Read more: https://ow.ly/37E550QIWTu via Hospitalitynet #Hospitality #HospitalityIndustry #HotelOperations

California Hotel Law provides a unique, in-depth analysis on the most pressing legal issues facing the hospitality industry. CHLA members can read it for free at https://lnkd.in/g88zvvxz

For contract law aficionados: promissory estoppel is alive and well in the United States Virgin Islands! The case is Mosler v Gerace (January 3, 2024). The plaintiffs met in culinary school and decided to move to St Croix to run a restaurant. They bought the company that operated the Cane Bay Beach Bar and Restaurant. Shortly before moving, they learned that the restaurant had no formal lease of its premises. Oops. But they had already sold up in Arizona and decided to go ahead with the move. The plaintiffs asked the owners of the property for a seven-year lease; the owners said that was a reasonable request but said the plaintiffs would have to renovate first. The plaintiffs did that and operated the restaurant for several months. Then there was a fire at the restaurant; the plaintiffs said they wanted a formal lease before making any repairs. The owners said they'd be willing to discuss a seven-year lease and that the plaintiffs should make the repairs. They did that, too. But eventually the relationship between the parties broke down, before the parties could agree agree on how long any lease should be, whether the plaintiffs would have the right to extend, whether the lease should be assignable, and what the rent should be. In the Superior Court, the jury found that the plaintiffs could recover $100,000 for breach of contract. On appeal, the Supreme Court of the Virgin Islands ruled there was no contract; the parties hadn't agreed on sufficiently certain set of terms. So the jury's verdict couldn't be sustained on that basis. But, though the plaintiffs hadn't argued it this way, the jury's verdict could be upheld on the alternative ground of promissory estoppel. (And yes, English readers, promissory estoppel can create a new cause of action in the US Virgin Islands). The court referred to section 90 of the Restatement (Second) of Contracts, which requires a promise and foreseeable action in reliance; it must also be the case that "injustice can be avoided only by enforcement of the promise". The controversial issue here is: did the owners really make a promise? In this way, the decision is reminiscent of Hoffman(n) v Red Owl Stores, and people who don't like that decision probably won't like this one. Note that damages in this case reflected the "benefit of the bargain" (that's no surprise given that the jury thought this was a breach of contract case). The Supreme Court upheld the decision to compensate in the "expectation" measure rather than holding that the remedy should reflecting either the plaintiffs' reliance losses or the benefit to the owners. That was so even though section 90 of the Restatement (Second) of Contracts states that the remedy "may be limited as justice demands"--a caveat partly inspired by the decision of the Supreme Court of Wisconsin in Hoffman(n) v Red Owl. https://lnkd.in/eJH346wm

How does our small law firm in the Midwest compete with bigger national firms? We don’t. Choosing a lawyer is sort of like choosing a restaurant (though it's fair to say the choice of a lawyer is a far more serious decision). Some people prefer big chain restaurants. Other people prefer local places known best for one thing. One restaurant option isn’t necessarily better than the other. You choose based on what you care about, what you feel like eating, or the type of experience you want. In the same way, a client can get a great result in their case regardless of the size of law firm they choose. Size has nothing to do with it.  Different types of firms provide different client experiences. As the founder of a firm with three lawyers and seven total team members, I appreciate how bigger firms raise awareness that people need lawyers. It's important. It gets the word out. If you're looking for a lawyer, call around. Talk to at least a few different attorneys before choosing the one who best fits what you're looking for. And if you're a colleague in a smaller firm wondering how to compete with bigger firms, I don't think you need to. There's plenty of work to go around. Do you agree?

Congratulations to Hospitality Practice Chair Jay Blount for being been named to the Advisory Board for the 11th Annual Hotel & Lodging Legal Summit, hosted by Georgetown Law in October 2024! Learn more about the Summit, which brings together lawyers and professionals from throughout North America and abroad to discuss the most pressing legal matters in the industry: https://lnkd.in/ec8SuyX8