Businesses in the hospitality industry, including restaurants, hotels,
casinos, caterers, food and beverage distributors, breweries and wineries,
face countless challenges to being successful, in part due to the landscape
of ever-changing laws and regulations. Tannenbaum Helpern attorneys understand
the business and legal issues unique to the hospitality industry. Based
on their knowledge and experience, Tannenbaum Helpern attorneys successfully
and efficiently guide hospitality establishments in navigating the legal
terrain and mitigating legal risks.
Labor laws are constantly evolving, making it difficult for companies to
stay compliant. Wage and hour disputes are one of the most common and
financially devastating risks facing the hospitality industry today. State
and federal wage regulations add layers of complications. Employers with
hourly and tipped workers need to be particularly vigilant in their recordkeeping
and claiming of tip credits, especially if there are tip sharing or pooling
arrangements in place or workers perform both tipped and non-tipped work.
Tannenbaum Helpern attorneys regularly counsel clients on the array of
employment and labor laws and regulations and provide daily counsel on
issues such as pre-employment inquiries, wage and hour planning, overtime,
lawful interview questions, disability accommodation, drug testing, background
checks, harassment, discrimination, workplace investigations, human resource
policies and procedures, and social media. Our attorneys are adept at
negotiating and drafting employment agreements, restrictive covenants,
incentive plans and severance arrangements. Tannenbaum Helpern attorneys
handle and address all forms of employment dispute resolution and regularly
advise companies on audits by governmental agencies.
Tannenbaum Helpern represents hospitality companies in mergers, acquisitions
and sales of businesses, joint ventures, license agreements, equity offerings,
private placements, reorganizations (bankruptcy and debt restructuring),
credit transactions, business formations, operating agreements, contract
negotiations and a wide range of other corporate matters.
Tannenbaum Helpern attorneys advise food purveyors, restaurants, beer distributors,
brewers and wineries on their distribution networks, distribution and
supply agreements, arrangements with Internet vendors, mergers and acquisitions,
joint ventures and other matters. Tannenbaum Helpern represents companies
at all levels of the distribution chain—from manufacturing and importing,
through distributors and dealerships to retailers and other direct marketers.
We are familiar with the laws and regulations affecting alcoholic beverages
and their impact on distribution relationships and investments in the industry.
Tannenbaum Helpern's Intellectual Property practice covers patents,
trademarks, copyrights and trade secrets. With decades of experience advising
domestic and global clients on intellectual property matters, our attorneys
are skilled in protecting, evaluating and helping clients maximize their
intellectual property portfolios as well as successfully resolving and
litigating domestic and global infringement disputes. Tannenbaum Helpern
attorneys are well-versed in protecting names, logos, distinctive décor,
menus, artwork, and trade secrets such as key recipes.
Litigation & Dispute Resolution:
Tannenbaum Helpern handles all forms of commercial disputes, including
employment (such as wage and hour, discrimination, harassment and restrictive
covenant disputes), intellectual property and franchise matters. Tannenbaum
Helpern’s skilled litigators work closely with clients to design
an approach that puts their business first in pursuing their litigation goals.
Real Estate, Construction and Environmental:
Tannenbaum Helpern advises on a broad spectrum of real estate, construction
and environmental issues. We represent developers, hotels, restaurants,
shopping centers, distributors and others on office, warehouse and retail
leases, buying and selling real property, joint ventures, financing, construction
and design contracts, contaminated properties and environmental regulatory matters.
Franchising is highly complex and regulated. Tannenbaum Helpern attorneys
have extensive experience in developing plans for franchise programs,
drafting franchise and disclosure documents, pre-sale registration, negotiations
with franchisors and prospective franchisees and working within the regulatory
framework affecting franchising activities. Additionally, our attorneys
help resolve disputes between franchisors and franchisees.
- Employment law matters, such as pre-employment inquiries, complaint procedures,
defense of employment and EEO claims and policy implementation
- Litigation, including wage and hour class and collective action defense
- Negotiating, drafting and enforcing distribution, franchise and license
- Negotiating, drafting and enforcing non-competition agreements, confidentiality
agreements and other restrictive covenants
- Real estate and leasing matters, construction contracts and environmental issues
- Mergers, acquisitions and investments relating to hospitality assets
- Business formations, joint ventures, operating agreements, stockholder
and partnership agreements
- Internet operations, domain name and trademark issues and website terms
- Protection of distinct artwork, software and recipes
Our clients include:
- Beer, wine and spirits distributors
- Food distributors and purveyors
- Restaurants (fine dining to quick-service)
- Hotels and resorts
- Private equity funds invested in the hospitality industry
- Casinos and gaming establishments