Jeffer Mangels Butler & Mitchell LLP’s Post

Legal up-date for commercial agents and landlords on LTA 1954 - say what you mean and mean what you say! The case of McDonald's Restaurants Ltd v Shirayama Shokusan Company Ltd [2024] EWHC 1133 (Ch) revolved around misrepresentation and ‘ground g’, a landlord’s (‘LL’) opposition to a new lease being granted to existing tenant. In evidence LL convinces court it intends to operate its own restaurant business (Japanese cuisine restaurant). Obtains order terminating tenancy. Tenant (‘T’) leaves.  Guess what? LL doesn’t, in fact, open Japanese cuisine restaurant. Opens a bakery. T brings claim for compensation pursuant to section 37A LTA 1954 – subsequent evidence shows that there were lots of ideas for restaurants flying around, ‘conspicuous by its absence’ from evidence was Japanese cuisine. Compensation awarded.  Quick takeaways (sorry…): 1. In order to oppose a new tenancy and satisfy the ground of opposition an LL needs to show ‘firm and settled intention’. It does not need the LL to land on a specific business. However, failing to identify a specific intended business makes it extremely difficult for LL to evidence 'firm and settled' intention. 2. A person can change their mind! but you better be ready for a T to ask questions later. It’s the state of mind and intentions at trial date that counts.    3. Do not mess with McDonald's. 4. Watch The Founder – great movie. 

New legal requirements in California and across the country will soon change the way businesses operate, especially those in the hospitality industry. The government seeks to eliminate the practice of “drip pricing,” which is when an advertised price is less than the actual cost a consumer will pay for a good or service after so-called “junk fees” are added. Sahara Pynes and Alexander Bogdan explain the potential impact of the law in this alert. #restuarantmanagement #servicefees #employmentattorney #hospitalitymanagement

As an accounting firm who works with many restaurants and bars in the Bay Area, this is a big news update that all of you restaurant / bar owners and operators need to be aware of. Go check out our most recent blog post and if you have questions, please feel free to reach out. Harrison Greenberg #accounting #taxes #californiarestaurants https://lnkd.in/gieuqxnt

Location, Location, Legal: Real Estate Tips for Restaurant Owners The right location can make or break your restaurant. Learn the legal aspects of lease agreements, negotiating terms, and what to watch for to ensure your business thrives in its perfect spot. https://bit.ly/3OVHkAL #RealEstate #RestaurantOwners #LocationMatters #LegalTips #LeaseAgreements #NegotiationSkills #PerfectSpot #BusinessSuccess #CommercialRealEstate #RetailSpace #PropertyLaw #LocationScouting #RealEstateInvesting #TenantRights #BusinessLocation #RentNegotiation #LegalConsiderations #RestaurantIndustry #CommercialLeasing #PropertyLease #BusinessGrowth #LocationStrategy #LegalAdvice #RentingSpace #IndustryInsights #LocationSelection #LegalCompliance #RestaurantSuccessFactors

After your restaurant is up and running, it's crucial to secure and uphold the various licenses and permits necessary. In this article, CT Corporation specialist John Randazzo outlines a comprehensive guide of the typical licenses, registrations, and permits you'll need. https://lnkd.in/eiTF3uQv #businesslicense #compliance

Unreasonable Hospitality. Excellence Wins. The Trusted Advisor. Hoteliers, tailors, and restaurateurs know these books inside and out, while sadly most lawyers and law firms either ignore them or have never even heard of them and the concepts in them. We know that you, the client, are the reason that we exist. Bundy Law is built around client service fundamentals and what you should expect and receive from your legal service provider. Every part of our law practice, from intake to judgment, is designed to enhance and improve your experience with the justice system. In a lawsuit, there are many things that even lawyers cannot control. Think about the OJ Simpson verdict. The Johnny Depp - Amber Heard trial. Even the recent Alec Baldwin dismissal. No one could have predicted any of those results. What we can control is how we treat you. Our clients who have had historical, less-than-satisfactory involvement with traditional attorneys are blown away by our comfortable, inviting offices and same-day, real-time email, text messaging, and video-conferencing accessibility. Because of our client-centric approach, our law firm has the highest possible ratings in the world from the leading independent research agencies, including a prestigious Band 1 ranking from the gold standard: the Chambers Family/Matrimonial HNW guide.

Australian Restaurant & Cafe Association (ARCA), the premier national body representing Australia’s dynamic and ever-evolving hospitality industry is thrilled to announce our new partnership with Aditum Lawyers. This collaboration signifies a significant commitment from Aditum Lawyers to provide robust legal support tailored to the unique needs of hospitality businesses across the country. As part of this strategic alliance, Aditum Lawyers will be offering free initial consultations for ARCA members, ensuring that these businesses have immediate access to expert legal advice when they need it most. This initiative is designed to empower ARCA members with the legal insights necessary to navigate the significant legal complexities that can arise when operating a hospitality business. Supporting a Vital Industry: A Commitment to Hospitality The hospitality sector is a cornerstone of Australia’s economy, yet it faces a multitude of challenges that require specialized legal expertise. From escalating operational costs and ongoing staff shortages to the increasing pressures from delivery platforms and the ever-rising expectations of consumers, hospitality business owners are navigating a landscape that is more complex than ever before. Aditum Lawyers’ decision to partner with ARCA reflects their deep understanding of these challenges and our unwavering commitment to supporting the businesses that make up this vital industry. We believe that with the right legal support, hospitality businesses can not only survive but thrive, driving innovation and excellence in Australia’s hospitality scene. Learn more and Join ARCA here-https://lnkd.in/gUpQCZcJ https://lnkd.in/eHWPBHu7 Carlyon Ward

"That random and often a suprise additional 3 to 5% service fee, that's becoming standard in major metro area restaurants is beng stopped in California" The ban on surcharges would mark a watershed moment for the state’s restaurant industry, which has in recent years relied on mandatory service charges to supplement optional tips and boost staff wages. Under the attorney general’s interpretation of the new legislation, however, all charges besides taxes will become illegal. The change would effectively require business owners throughout the state to rethink longstanding financial practices in just two months. https://lnkd.in/ekGer-jR

Check out the recording from our recent Webinar - The Pitfalls and Potential of Running Restaurant Business. In this webinar, James Oxley, Marina Vincent and Sunil Vaghji discuss the common property, employment, and commercial issues that restaurant owners grapple with. We cover a wide range of issues and relevant legal updates and examine common scenarios faced in the industry. https://lnkd.in/eqZuiU3S #Webinar #RestaurantBusiness #EmploymentIssues #CommercialProperty 

Moore & Van Allen (MVA) Senior Counsel, Charlie McCurry, published a Modern Restaurant Management article titled, “Getting More Bang for Your Legal Buck”, published on September 23rd, 2024. Operating a successful restaurant, let alone a portfolio of restaurants, is one of the most challenging businesses in the market. A restaurant’s legal counsel can be a key advisor and ally in positioning the business for growth while helping minimize risk. But many owners are understandably intimidated by the unpredictability of the legal industry’s ubiquitous billable hour pricing model. Though many attorneys are slowly beginning to offer alternative and more flexible pricing, uncertainty about costs has a chilling effect on conversations between owners and their attorneys, leading to legally vulnerable restaurants and underutilized attorneys who could otherwise provide valuable counsel in an ever-changing industry. https://lnkd.in/eEg95SMp