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womblebonddickinson.com

Sector Experience Hospitality and Leisure Overview of our firm and capabilities Introduction Womble Bond Dickinson at a glance

More than Locations In the world of hospitality Our hospitality team includes: across the 400 1,000 and leisure, the challenges • Real estate lawyers who • Commercial lawyers experienced UK and US Partners Lawyers and opportunities are as routinely represent clients in in advising on supply chain 27 the development, franchising, contracts, outsourcing, payment diverse as the businesses acquisition, management and services and data protection. that make up the sector. financing of and restaurants. US UK That’s why Womble Bond • Advertising and Marketing Atlanta Houston Aberdeen • Transactional lawyers experienced Regulatory Lawyers advising on Baltimore Los Angeles Bristol Dickinson provides our in negotiating franchises, leases food safety, health & safety and Boston Palo Alto Edinburgh Charleston Raleigh Leeds clients with a diverse team and management agreements. fire safety regulations. Charlotte Research Triangle Park London of lawyers deeply familiar Charlottesville Sunnyvale Newcastle • Employment lawyers who work • Tax lawyers whose practices focus Columbia Tysons Corner Plymouth Costa Mesa Washington, D.C. Southampton with the sector. with and restaurant owners on incentives and historic and new Greensboro Wilmington on employment matters arising in a market tax credits, sales and use Greenville Winston-Salem Our hospitality team field which is labor intensive tax, hotel/ tax and joint venture structuring issues. has significant industry • Franchise lawyers adept at knowledge, built up over negotiating license agreements many years working with international brands. with clients involved • Litigators well-versed in common Claire Wilkinson in hotel and restaurant issues arising in hotel and Partner, Leeds restaurant construction and Our sectors development, ownership, T: +44 (0)113 290 4365 operations. E: [email protected] financing, franchising, operations and third-party management. NaturalEnergy Energy & Healthcare MaManufacturingnufacturing PrivatePriv Wealthate Transport,Transport Logistics FiFinancialnancial InInsurancesurance LifePharmaceutical, Sciences & RealRea Estatel RRetailetail & & TechTechnologynology & Resources & Infrastructure Institutions Biotechnology Consumer Goods Natural Resources Wealth Institutions Ph&a rLifemac Scienceseutical Estate Consumer

Representing more than

Our hospitality team have deep experience in and Global knowledge of the industry, which enables them to 250 UK Top US Top provide industry knowledge and cost-effective service Publically Traded +170 Top 100 to our hotel and hospitality clients. Companies Chambers Law Law Law firm by in the US and UK rankings 20firm 80firm revenue January 2019

1 Sector1 Experience: Hospitality and LeisureInternational Arbitration womblebonddickinson.com2 Sector Experience: Hospitality and Leisure 3 Our clients What can our hospitality team advise you on?

Womble Bond Dickinson is the law firm of choice for hospitality who trust us to protect their reputation and assets. These include:

Accolade Wines Host Hotels Ownership and investment Ladbrokes Coral • The structuring of investments and funding of schemes • Acquisitions, disposals and management of Ambassador Theatre Group Nare Hotel Company real estate assets (including tax issues) Beamish Museum Limited Nova International • Hotel Management Agreements, Franchise Agreements, NDAs Belmond Orient Express Novamatic Gaming Industries • Portfolio acquisitions and asset management Carlsberg Parkdean Holdings • Cross border investment Carnival Parkdean Resorts Operation Clifton Hotels Group Pearmain Pubs Limited • Marketing and branding Colgate Palmolive Procter & Gamble • Ticketing terms and conditions Davy’s Wine Bars The Old Brewery MCC • Customer and supplier contracts • Employment issues Enterprise Inns YOLO Leisure & Technology Ltd • Personal injury claims GLH / Thistle Welcome Break • Franchise and F&B agreements Helmsley Hospitality Group Whitbread Construction and development Hilton World Duty Free • Development, construction and refurbishment contracts • Construction dispute resolution

Sector Experience: Hospitality and Leisure 4 Sector Experience: Hospitality and Leisure 5 Examples of our experience include:

Negotiated and led the Multiple clients on the closing of a well-known A multi-national hospitality outsourcing of services boutique hotel developer’s and leisure client in relation to including catering, cleaning, Helmsley Hospitality Group Advising Accor UK on turn- $300 million mixed-use its data protection compliance security, cash collection, and other institutions on hotel key development projects and development involving the issues including the cross- facilities management, restructures including OpCo/ lease agreements for their historic rehabilitation of a border transfer of personal equipment maintenance, PropCo. brands. decommissioned power plant data from the UK to US and vehicle fleet management and in Savannah, Georgia. This other jurisdictions. recruitment. project involved eight different debt sources, including construction, mezzanine and tax credit facilities. The tax credit financing involved working with the State of A range of clients in this Georgia General Assembly to sector on civil and criminal increase the maximum limit of liability of a number of issues Advising developers on all The acquisition included negotiation of equity state historic tax credits for the including violent incidents in aspects of numerous hotel led funding from family offices. This deal catapulted on a significant schemes including a complex project. The deal also brought licensed premises, under-age the client into the #1 ranking of fastest growing dilapidations disputes. £100million+ development in together four equity sources sales, noise nuisance and central London anchored by a companies in the South-eastern US according to all knit together in five inter- defective or unsafe premises 350 bed . the Association of Corporate Growth. creditor agreements and six and deliveries to and from operating agreements. licensed premises.

Served as lead counsel on all Negotiated and led the Whitbread PLC on the aspects of the $100 million $250 million acquisition outsourcing of housekeeping World Duty Free on franchise development of a five-star from an opportunistic New services for and concession agreements luxury hotel in downtown York private equity firm of and logistics, warehousing including retail outlets in Centre Charleston, SC, including land 194 quick-service restaurants and distribution functions for Parcs resorts. acquisition, zoning and land (QSR) in Alabama, Arkansas, consumables and food and use issues, regulatory matters Florida, Louisiana and drink products. and construction financing. Mississippi and negotiated the related refinancing of the acquirer’s entire restaurant portfolio. The acquisition included negotiation of equity funding from family offices. Hilton Grand Vacation in Accor UK in relation to Elite Hotels on the application This deal catapulted the connection with its spin-off development projects and of TUPE and ongoing client into the #1 ranking of Advising the from in a general estate management employment and industrial fastest growing companies British Hospitality $9.0 billion reorganisation work, in particular development relations matters. in the South-eastern US Association on the OFT’s transaction. agreements and leases according to the Association proposal to settle a case for numerous turnkey of Corporate Growth. concerning discount pricing of developments for their Ibis online hotel rooms in the UK. Budget and Ibis brands.

Sector Experience: Hospitality and Leisure 6 Sector Experience: Hospitality and Leisure 7 Adding value to your business:

Retail Food & Beverage Real Estate Employment Planning Consumer Law Food and Drink Law Regulatory Our property team advises a broad Our multi-specialist team offers a As one of the UK’s largest specialist Our consumer law team has extensive Our dedicated food and drink team Our dedicated regulatory lawyers range of clients from initial acquisition one-stop service for all employment Planning Teams, we have the experience on all aspects of consumer draws on 20+ years’ of experience understand that clients who and/or development, to letting matters. The team is well-versed in capability and resource to help law, compliance and liability issues. to provide clients with decisive and successfully manage risk can portfolio management and disposal. the day-to-day issues faced by the our clients unlock development practical advice in relation to turn compliance in to a source of A unique strength of the team is hospitality sector and also handles opportunities and cater for their a range of food law matters. competitive advantage, by building We routinely coordinate successful the provision of non-contentious business-critical work relating to ongoing operational requirements. their reputation and ensuring long redevelopment projects. regulatory and strategic advice, The team is known for providing outsourcing and other structural We are amongst Planning term sustainability. We help our particularly around contractual practical, cost effective and timely We have a wealth of experience in changes. Magazine’s top 10 rated law firms clients to avoid incidents, as well as issues, consumer terms and compliance advice in relation to the hospitality and leisure sectors and have top tier rankings in managing their response to them. The team has become an integral conditions, distance selling, food and drink matters, including and act for a number of hotel groups Chambers and Partners 2018. part of management strategies e-commerce issues and product and marketing, safety, product launches This advice extends to: as well as clients based in the wider in this sector, handling the full Our advice is not delivered in a services claims in light of legislative and claims, labelling, and research • Alcohol and Licensing leisure and retail markets. We have range of regulatory issues vacuum. We work with the planning changes. However, we have equally and development. We also have • Food Safety the track record to understand the facing employers today, from system to optimise outcomes for extensive experience in handling extensive experience in handling • Consumer Rights specialist needs of hotel operators, restructurings and TUPE transfers our clients. We also work closely prosecutions and other regulatory prosecutions, civil claims and product • Marketing and Advertising and the different structures that can to dismissals and tribunal claims. with our colleagues in real estate, enforcement actions together with recalls. We are active members of • Health and Safety be put in place to ensure the right We regularly advise on outsourcing, construction and environment to civil consumer disputes. various industry bodies and trade • Modern Slavery property interest is obtained. corporate transactions, employee identify issues which could render associations, helping to formulate • Anti-Bribery and Corruption We work in conjunction with our This experience is mirrored in our benefits, immigration and right to schemes unviable, such as onerous policy and future legislation. • Environment commercial litigation team to long-standing focus on the real estate work issues, collective consultation conditions or restrictions on devise strategies around consumer sector which has significant resources. and industrial relations. development or use and to identify complaints that threaten litigation This combination will give you the risk areas and advise on mitigation. The team has significant depth and are highly experienced in What sets WBD apart, and where we really add ideal package of sector-focused with over 30 lawyers supported helping to protect our clients’ and commercially-savvy expertise in value across all specialisms, is that we have taken by additional expertise, such as a brands under threat from consumer order to deliver best in class advice the time to listen to our clients, to put ourselves in pensions team of 22 lawyers. We bodies and other regulatory activity. and tangible value for money. their shoes to find out what really matters. harness this capability to handle We offer cost effective and transparent both high value and high volume management of property overheads litigation for a number of large or for our occupier clients’ facilities high profile employers and advise management companies and external on high profile work such as managing agents. We understand national industrial action. how the business of real estate works; we also understand how real estate needs to work for your business. Property dispute Commercial Data Protection Resolution We have one of the largest dedicated Our data protection team advises We horizon spot and Our Property Dispute Resolution commercial teams in the UK, with on all aspects of data protection help future proof our significant experience in the full range compliance including information Team offers a range and depth of client’s businesses. advice on all contentious issues of contractual and commercial issues governance, data sharing and relating to acquisition, ownership, faced by our hospitality clients. processing contracts, cross-border transfers of data, direct marketing, management and disposal of From general commercial contracts, claims and data disputes, commercial property. IT and e-commerce, outsourcing, contentious subject access facilities management, procurement Our expertise includes forfeiture/ requests, security incidents and Innovation and outstanding client service provision and supply, logistics, consumer-facing possession acquisitions, injunctive ICO investigations. sit at our core. We use sophisticated technology to relief, 1954 Act renewals, rent reviews, arrangements, commercial trading streamline document production and underpin our dilapidations, telecommunications and joint venture arrangements sound legal and commercial experience. disputes, licences and consents. through to procurement and compliance – we have teams of specialists with the niche expertise required to help your business.

Sector Experience: Hospitality and Leisure 8 Sector Experience: Hospitality and Leisure 9 Adding value to your business: For more information please contact

Intellectual Property Marketing & Advertising Our team of experts advises across We understand that brand reputation is Our approach helps the legal disciplines, from strategic critical to the success of your business. clients to control direct management of patents, trademarks, Working closely with your marketing legal spend, and also copyright, design rights, trade teams and external agencies our team Claire Wilkinson Andrew Harding secrets and know-how, through to can advise on the advertising process reduces management time Partner, Leeds Partner, Real Estate protecting them in litigation. from conception to publication. We on any individual case. T: +44 (0)113 290 4365 T: +44 (0)117 989 6887 will provide you with a fast, efficient Our contentious expertise covers E: [email protected] E: [email protected] and cost-effective service, giving a freedom to operate issues as commercial risk analysis for each well as trade mark and other and every campaign message. IP infringement actions. We readily advise on disputes about Several members of our team are ex- We have extensive confidential information, revocation regulators, bringing you unique insight experience of driving and cancellation proceedings, into the workings of the regulators. The groundless threats provisions, wider Brand Protection team provides through complex and John Connor Will Fraser entitlement and domain name additional expertise in intellectual high value projects. Partner, Banking & Finance Partner, Banking & Finance disputes. In addition to our TMU, property, data protection and financial our non-contentious IP team services advertising issues. T: +44 (0)113 290 4478 T: +44 (0)207 788 2456 advises on the assignment and E: [email protected] E: [email protected] Marketing is an ever changing arena licensing of IP, sponsorship and with an increasing focus on digital merchandising agreements, non- communications. We are experienced disclosure agreements, co-existence in handling matters across technologies agreements and securitisation. as well as working with you to explore and develop new avenues of marketing and communication.

Lucy Pringle Partner, Banking & Finance T: +44 (0)207 788 2456 E: [email protected]

Defendant Claims Health & Safety Our multi-specialist Legal Solutions Health and safety risks are covered Our operational work includes Centre offers a one-stop service for by a vast spectrum of laws, advising on health, safety and all small defendant claims including regulations and statutory guidance, environmental policies and personal injury matters. Our claims each of which has the potential frameworks, compliance issues, handling service is instructed by to make a significant impact on preparation of Critical Incident businesses across the hospitality your business and its reputation. Policies and training on the sector and works closely with our We have one of the largest and management of potential incidents Insurance lawyers who are able most respected risk and regulatory and subsequent investigations. to proactively identify and advise departments in the country with on sensitive claims; providing you specialist health and safety lawyers with accurate and up to date risk providing focussed advice on all management information and key risk areas. Our experience in delivering a seamless service. enforcement is second to none and we have been involved in most of the Our aim is always to progress a major health and safety prosecutions case to the earliest and most cost in the UK in recent years. effective conclusion, whether that is by settlement or proceeding to trial.

Sector Experience: Hospitality and Leisure 10 Sector Experience: Hospitality and Leisure 11 womblebonddickinson.com

Correct as at October 2018 © Copyright 2018 Womble Bond Dickinson (UK) LLP. All rights reserved. This communication is provided for general information only and does not constitute legal, financial, or other professional advice so should not be relied on for any purposes. You should consult a suitably qualified lawyer or other relevant professional on a specific problem or matter. Womble Bond Dickinson (UK) LLP is authorised and regulated by the Solicitors Regulation Authority. “Womble Bond Dickinson”, the “law firm” or the “firm” refers to the network of member firms of Womble Bond Dickinson (International) Limited consisting of Womble Bond Dickinson (UK) LLP and Womble Bond Dickinson (US) LLP. Each of Womble Bond Dickinson (UK) LLP and Womble Bond Dickinson (US) LLP is a separate legal entity operating as an independent law firm. Womble Bond Dickinson (International) Limited does not practise law. Please see https://www. womblebonddickinson.com/uk/legal-notices for further details.