May 28, 2020
Stearns Weaver Miller News Update
Overview
We guide our hospitality clients through the ever-evolving complexity of issues facing the industry both in Florida and around the world. Our attorneys have experience working with hotels and resorts, hotel enhanced mixed-use projects, restaurants, golf courses and golf course communities, high-end country clubs, gaming and casinos, theme parks, marinas, spas, cinemas, cruise lines, hospitality groups, travel leisure companies and sports and entertainment venues.
Range of Services
Administrative & Regulatory
- Administrative litigation and appeals
- Alcoholic beverage licensing – Assist businesses with all types of alcoholic beverage licenses to manufacture, distribute, buy, sell, or serve alcohol at every stage of the licensure process including acquisition, maintenance, liening, and sale
- Facility licensure, compliance and discipline
- Government contracts and procurement
- Government investigations and audits
- Sales and use tax audits and disputes
- State and local taxation
Bankruptcy & Restructuring
Corporate
- Joint ventures and strategic partnerships
- Financing and capital structure
- Franchising, management and branding
Government Affairs
Labor & Employment
- Partners with clients on innovative changes to the workplace
- Counsel on Pregnant Workers Fairness Act (PWFA), Family and Medical Leave and Americans with Disabilities Act (ADA)
- Counsel on wage and hour laws including minimum wage, overtime, rest and meal breaks, tips and service charges and on-call time
- Guide clients on employment classification (exempt vs. non-exempt status) including employees vs. independent contractors
- Counselling on employee-related issues, including but not limited to, terminations/separations, reductions in force, performance management, internal complaints, leaves of absence, and accommodations
- Health and safety concerns including Occupational Safety and Health Administration (OSHA)Conduct employment law compliance training (e.g., harassment prevention, wage and hour, EEO, FMLA, PWFA and ADA)
- Investigate and respond to charges of discrimination on other employee complaints
- Draft independent contractor, restrictive covenant, and executive employment agreements
- Develop and update employee handbooks, policies, and procedures for compliance with federal, state and local laws
- Provide counsel on 401K plans, medical and other welfare benefit plans, COBRA issues, Section 125-Cafeteria Plans, Code Section 409A issues and tax and ERISA compliance and litigation
- Advise on labor relations and collective bargaining issues
- Represent employers in state and federal courts regarding claims of unlawful discrimination, workers’ compensation retaliation, FMLA retaliation, whistleblower claims, breach of contract, restrictive covenants and compliance issues
- Immigration
Land Development & Environmental
- Environmental & Natural Resources
- Land Use & Zoning
- Golf course redevelopment and conversion projects
- Land Use & Property Rights Litigation
Litigation & Dispute Resolution
Real Estate
- Operations and strategic sourcing
- Ad Valorem Disputes & Exemptions
- Construction
Tax
Notable Experience
- Represented Ball & Chain and Taquerias El Mexicano/Los Altos, affiliated with The Mad Room LLC, a hospitality management company, in a federal suit against the City of Miami alleging violations of substantive and procedural due process, equal protection, unlawful searches and seizures, as well as other constitutional law violations. These were issues of first impression against a prominent municipality where the City developed and deployed a deliberate policy to abolish client’s fundamental protected rights to their property. Ultimately, the City of Miami Commission approved a $12.5 million payout (along with non-monetary benefits) to our clients.
- Represented a major U.S. based hotel company in organizing and coordinating the transition of a troubled international hotel brand after its acquisition by the larger U.S. company. Matter included managing relations with the Canadian master franchisee, disposition of unproductive properties and negotiation of master development agreements for various regions in Asia and Europe.
- Represented nearly 30 golf courses in Land Use & Zoning, Environmental & Natural Resources, Real Estate, and Litigation matters throughout Florida. Representation includes the first major golf course redevelopment in Hillsborough County in 2024.
- Worked with developer, local government officials, archeologists and historians to bring to fruition the world‐class, multi‐phase development known as the “Met Miami Development.” The vibrant commercial center encompasses several blocks in the heart of Miami and incorporates state of the art construction and design. The project is anchored by two luxury hotels and includes a premier office tower, signature restaurants, an upscale multi‐screen theater, high‐end retail, a luxury residential tower and structured parking. We obtained approval for our client to incorporate and preserve the front steps of the original Royal Palm Hotel (which were uncovered during an archeological dig) into the design of the project.
- Represented Las Vegas based gaming company in the structuring and negotiation of joint venture, development, licensing and management agreements for the largest hotel-casino project then proposed in the United Kingdom.
- Represented information technology divisions of Fortune 100 companies in numerous transactions involving the analysis, development and negotiation of complex hospitality/technology ventures on a global scale, including working with, negotiating against and consummating transactions for global distribution systems, central reservation platforms and hotel property management systems.
