hospitality and leisure an overview of our practice
TRANSCRIPT
HOSPITALITY AND LEISUREAn overview of our practice
“International powerhouse advising luxury clients and brands within the fashion, hotel and wine industries.”
Chambers & Partners
“ “YOUR CHALLENGES
The hotel, leisure and tourism industry in France is constantly changing and has been growing for many years. Nevertheless, it is particularly vulnerable to changes in the economic, geopolitical, town-planning, environmental, regulatory and tax climate. Whether you are an owner, operator, franchisor, investor, promoter or builder of either a single hotel or an integrated hotel into a portfolio, and whether you already have a location or are seeking opportunities, the challenges are many:
■ Anticipate tax issues in an increasingly difficult regulatory environment;
■ Comply with environmental and safety standards, which are constantly changing;
■ Stay abreast of the rules for the development and construction of hotels, including those related to urban planning;
■ Adapt practices to labour laws, which vary greatly by sector and geographical area;
■ Find concrete solutions regarding the acquisition, structuring, financing or negotiation of agreements or long-term partnerships;
■ Secure the necessary authorisations from the competition authorities, when such transactions must be reported under merger control procedures;
■ Understand the particulars of hotel contracts (leases, franchising, lease management, technical service contracts, SNDAs, hotel management contracts, etc.).
All these issues need to be considered in light of your goals and strategy and your market position, whether domestic or international.
Asset acquisition or sales transactions ■ Audits, legal structuring, labour law and tax law with regards to investment or divestment, outsourcing, contract negotiations, etc.
■ Support in all phases of the transaction (audits, drafting documentation, negotiation, consultation of staff representatives and more.)
■ Obtaining required authorisations from the competition authorities,
■ Joint ventures or other types of partnership agreements,
■ Putting together dedicated vehicles such as funds,
■ Securing your IP assets (trademarks, designs and models, domain names), support in your protection strategy, your assignment registration programmes, licensing or pledging, in France and abroad.
Monitoring transactions
Funding sources
■ Compliance with data protection standards,
■ Outsourcing certain operational functions,
■ Technology security management,
■ Setting up advertising platforms and defensive programmes and upgrading your brands,
■ Monitoring specific regulatory issues (gambling and lottery, manual change, beverage room licenses, sporting events).
Debt or business restructuring
■ Acquisition financing (senior, subordinated or mezzanine debt, bond issue), legal and fiscal aspects,
■ Specifics of multi-party debt agreements such as SNDAs,
■ Alternative sources of financing and other types of structured financing (securities financing, asset-backed financing, project financing, financing of restructuring/construction projects).
■ Mutual agreement financial restructuring and debt renegotiation procedures (conciliation, ad hoc mandate)
■ Insolvency restructuring of the company and its assets (safeguard, receivership) including, where appropriate, by setting
up innovative mechanisms (accelerated safeguard or accelerated financial safeguard, pre-pack, trust, etc.)
■ Redemption of receivables with or without implementation of a collateral strategy,
■ Judicial/litigation monitoring if necessary.
The strategic choice and negotiation of hotel contracts
■ Management mandates, leases, ■ Distribution contracts, licensing, franchising, lease management.
■ Property purchases and sales,■ Hotel leases, construction leases, off-plan,
property development contracts, works contracts and other construction
contracts, response from architects and interior designers,
■ Retail property management.
■ Upgrading French hotel properties (fire safety standards, handicapped accessibility, Grenelle 2 energy performance standards, etc.)
■ Financial regulations (Basel III, Solvency II, etc.).
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Property transactions relating to assets
Regulatory monitoring
Our team in the hospitality and leisure sector is one of the largest and most active among international law firms. Working in more than 30 jurisdictions, we combine specific experience with the issues at hand with recognised expertise in the sector.
DLA PIPER RELATIONSHIP FIRMS
AUSTRALIABrisbaneCanberraMelbournePerthSydney
AUSTRIAVienna
BAHRAINManama
BELGIUMAntwerpBrussels
BRAZILSão Paulo
CANADACalgaryEdmontonMontrealTorontoVancouverYellowknife
CHINABeijingHong KongShanghai
CZECH REPUBLICPrague
FINLANDHelsinki
FRANCEParis
GEORGIATbilisi
GERMANYCologneFrankfurtHamburgMunich
HUNGARYBudapest
ITALYMilanRome
JAPANTokyo
KUWAITKuwait City
LUXEMBOURGLuxembourg
MEXICOMexico City
MOROCCO Casablanca
NORWAYOslo
NETHERLANDSAmsterdam
NEW ZEALANDAucklandWellington
OMANMuscat
POLANDWarsaw
PORTUGALLisbon
QATARDoha
ROMANIABucharest
RUSSIAMoscowSt. Petersburg
SAUDI ARABIAAl KhobarJeddah Riyadh
SINGAPORESingapore
SLOVAK REPUBLICBratislava
SOUTH AFRICAJohannesburg
SOUTH KOREASeoul
SPAINMadrid
SWEDENStockholm
THAILANDBangkok
UKRAINEKyiv
UNITED ARAB EMIRATESAbu DhabiDubai
UNITED KINGDOMBirminghamEdinburghLeedsLiverpoolLondonManchesterShef�eld
UNITED STATESAlbanyAtlantaAtlantic CityAustinBaltimoreBostonChicagoDallasHoustonLos AngelesMiamiMinneapolisNew YorkNorthern VirginiaPhiladelphiaPhoenixRaleighSacramentoSan DiegoSan FranciscoSan JuanSeattleShort HillsSilicon ValleyWashington, DCWilmington
ANGOLALuanda
BOTSWANAGaborone
BURUNDIBujumbura
CHILESantiago
COLOMBIABogota
CROATIAZagreb
EGYPTCairo
ETHIOPIAAddis Ababa
GHANAAccra
COOPERATION FIRM
BRAZILRio de JaneiroSão Paulo
KENYANairobi
MAURITIUSPort Louis
MOZAMBIQUEMaputo
NAMIBIAWindhoek
PERULima
RWANDAKigali
TANZANIADar es SalaamMwanza
UGANDAKampala
ZAMBIALusaka
OUR PRESENCE IN THE WORLD
DLA PIPER Offices
Affiliated firms
30COUNTRIES
AN INTERNATIONAL PLATFORM TO MEET YOUR NEEDS
Hotels sector provides a steady stream of work.
Chambers & Partners
An excellent level of service […] understands the hotel sector very well.
Legal 500 EMEA
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5 Amazon
HOSPITALITY AND LEISURE
AREAS OF EXPERTISEReal Estate | Finance & Projects | Employment | Intellectual Property and Technology | Antitrust/Competition | Corporate | Tax | Restructuring
Our multidisciplinary team has more than 20 specialists offering solid and recognised experience in the sector, covering tax, corporate, M&A, labour, intellectual property, financing, commercial and merger control procedures, litigation, restructuring and property, counting more than a dozen specialists among the team’s 22 attorneys.
Whether you work in hotel management, investment funds, property, institutional investing, an SFO, institutional lending or debt funds, our multi-talented legal teams can help with all your legal, tax and labour issues both in France and abroad.
A vast knowledge of the stakeholders and challenges
Our knowledge of the various market players and challenges faced enables us to facilitate
prompt communication.
A range of specialised expertise
On all legal and tax issues affecting business and
development.
A wide variety of clients in France and abroad
We work with investors, users, developers, producers, promoters,
builders, lenders and managers.
DLA Piper is a global law firm operating through various separate and distinct legal entities.
Further details of these entities can be found at www.dlapiper.com
Copyright © 2017 DLA Piper. All rights reserved. | APR17 | 3036974
YOUR KEY CONTACTS
Olivia MichaudPartner, Real EstateT +33 1 40 15 24 [email protected]
Antoine MercierPartner, Real EstateT +33 1 40 15 24 [email protected]
Edouard SarrazinPartner, CompetitionT +33 1 40 15 66 [email protected]
Lionel RosenfeldPartner, Real EstateT +33 1 40 15 25 [email protected]
Erwan LacheteauPartner, Finance & ProjectsT +33 1 40 15 66 [email protected]
Bijan EghbalPartner, EmploymentT +33 1 40 15 24 [email protected]
Jérome HalphenPartner, EmploymentT +33 1 40 15 66 [email protected]
Karine Disdier-MikusPartner, Intellectual PropertyT +33 1 40 15 25 [email protected]
Guillaume ValoisPartner, TaxT +33 1 40 15 66 [email protected]
Jeremy ScemamaPartner, CorporateT +33 1 40 15 66 [email protected]
Pierre-Alain BouhénicPartner, RestructuringT +33 1 40 15 66 [email protected]
Pascal MartinPartner, Public LawT +33 1 40 15 25 [email protected]
DLA Piper – 27 Rue Laffitte, 75009, Paris – T +33 1 40 15 24 00 – F +33 1 40 15 24 [email protected] – www.dlapiper.com