ADVANCE REGISTRATION DEADLINE: SEPTEMBER 2 , 2 0 1 1 STRICTLY HOSPITALITY SEMINAR SEPTEMBER 22–23, 2011 IN-HOUSE SPEAKERS FIRESKY RESORT INCLUDING SCOTTSDALE, ARIZONA DORINA HERTNER ACCOR NORTH AMERICA STUART M. KREINDLER CHOICE HOTELS INTERNATIONAL INC. LESTER E. WASHINGTON, JR. MARRIOTT INTERNATIONAL TONY FASO ROYAL CARIBBEAN CRUISES LTD. KORIN A. NEFF REASONS TO ATTEND WYNDHAM WORLDWIDE CORPORATION Learn about the latest legal issues facing the hospitality industry from bedbugs and foodborne illnesses to employee immigration issues, security matters and post-accident investigations Network with hospitality lawyers across the industry whose clients include restaurants, hotels and cruise lines Earn up to 12 hours of CLE, including 1 hour of ethics credit DRI’s Strictly Hospitality Seminar is Program Schedule 3 specifically tailored to educate those within the hospitality industry on strategies for General Information 6 handling the top issues affecting the industry today. The seminar is packed with practical presentations and the relevant law that governs Seminar Sponsors 7 the hospitality industry from start to finish. This one-stop seminar is a must for the hospitality provider and outside hospitality lawyer. 2011–2012 Seminar Schedule 7 Faculty Biographies 8 Membership Application 11 Cynthia P. Arends Paul Caleo Registration Form 12 Program Chair Committee Chair William F. Ray WHAT YOU WILL LEARN Law Institute n What you need to do as a hospitality provider to protect your guests and Presented by DRI’s employees during an infectious disease Retail and Hospitality Committee outbreak or a criminal or terrorist threat n What you need to do to comply with the Medicare Secondary Payor Act n How to comply with immigration requirements and handle an enforcement action n How to conduct investigations into data breaches or on-site accidents n How to anticipate changes brought about by the new Restatement provisions September 22–23, 2011 3 PROGRAM SCHEDULE what you need to know when employees or customers become sick. This presentation will WEDNESDAY, SEPTEMBER 21, 2011 cover food code compliance requirements; the policies employers should have in place to 6:00 p.m. Registration prevent or address an outbreak quickly; and how to handle the investigation, evidence 6:00 p.m. Networking Reception gathering and public information available to defend claims and litigation. THURSDAY, SEPTEMBER 22, 2011 Sarah L. Brew, Faegre & Benson LLP, Minneapolis, Minnesota Boarding Pass Kiosk William D. Marler, Marler Clark LLP PS, Seattle, Sponsored by Burnham Brown Washington 7:00 a.m. Registration 10:00 a.m. Refreshment Break 7:00 a.m. Continental Breakfast 10:15 a.m. The New Frontier for Hotels: Duty to Protect Guests and Employees from Emerging Threats 8:00 a.m. Welcome and Introduction Hotels are attractive targets for terrorists William F. Ray, Watkins & Eager PLLC, Jackson, because of the substantial number of people Mississippi present and because they generally lack Paul Caleo, Burnham Brown PLC, Oakland, the robust security and protocols necessary California to protect access. Recent attacks in Jakarta, Cynthia P. Arends, Nilan Johnson Lewis, Indonesia, and Mumbai, India, have compelled Minneapolis, Minnesota the hospitality industry to adopt pre- employment screening, behavior detection 8:15 a.m. Take the Bite Out of Bed Bug Litigation and other practices to protect facilities. Does Every few years, the hospitality industry the hotel industry have to employ certified faces a new wave of litigation and exposure Homeland Security professionals to manage the for claims from its customers. These claims risk and avoid liability? can become increasingly difficult, given the Eric C. White, Wren Solutions, Atlanta, Georgia transitional nature of its clientele. Hear from experts discussing the scientific approach 11:10 a.m. Second Verse, Same as the First: The to the development of defenses to bed bug Plaintiffs’ Bar’s Latest Attempts at Forum claims and from industry leaders who will Shopping and How to Defeat Them address the difficulties and pitfalls associated Modern reservation practices and Internet with responding to, investigating, settling and marketing activity have opened the door for defending bed bug claims, while attempting to plaintiffs’ counsel seeking to sue a distant maintain the integrity of their brand name and hotel or other hospitality related entity in fora minimize legal cost. unrelated to where the incidents occurred. MODERATOR Franchisors and franchisees should be cognizant of the ramifications of personalized Thomas S. Thornton III, Carr Allison, Internet marketing offers based on initial Birmingham, Alabama interest about the brand’s products or services, PANEL given many courts’ practices of allowing parties Roger E. Gold, Ph.D., Texas A&M University, great leeway in proving jurisdiction. If contacts College Station, Texas are sufficient, both parties could be forced to Dorina Hertner, Accor North America, Dallas, litigate in the jurisdictions where their guests Texas reside or in other unrelated jurisdictions. Learn how to prevent this scenario from playing out. 9:05 a.m. Infectious Disease Boot Camp Eugene J. Podesta, Jr., Baker Donelson Leading practitioners for plaintiffs and the Bearman Caldwell & Berkowitz PC, Memphis, defense will provide a practical “how to” on Tennessee 4 Strictly Hospitality Seminar 12:00 p.m. Lunch (on your own) PANEL Eric D. Harris, Stroz Friedberg, Dallas, Texas 1:15 p.m. Medicare Secondary Payor: What You Korin A. Neff, Wyndham Worldwide Should Have Known All Along and What You Corporation, Parsippany, New Jersey Had Better Know Now Since the passing of Section 111 of the MMSEA 4:50 p.m. Retail and Hospitality Committee Meeting in December 2007, the retail and litigation (open to all) defense industry has been on a roller-coaster ride, while being inundated with information 6:00 p.m. Networking Reception and proposed compliance requirements. With the looming effective reporting date just 7:30 p.m. Dine-Arounds days away from this seminar, you will receive Join colleagues and friends at selected the latest updates regarding your exposure restaurants for dinner (on your own). under the Medicare Secondary Payer Act, and More details on-site. its impact upon the retail and hospitality industry in general. Learn about potential FRIDAY, SEPTEMBER 23, 2011 and anticipated pitfalls associated with claim investigation, litigation and settlements. Gain a Boarding Pass Kiosk better understanding of your risk and exposure Sponsored by Burnham Brown under the Medicare Secondary Payer Act, and hear how to tackle the problem head on. 7:00 a.m. Registration Mary Re Knack, Williams Kastner, Seattle, Washington 7:00 a.m. Continental Breakfast 2:45 p.m. Refreshment Break 8:00 a.m. Announcements Cynthia P. Arends, Nilan Johnson Lewis, 3:00 p.m. Keeping the Workers at Work Minneapolis, Minnesota In light of the U.S. government’s stepped up enforcement efforts against hospitality 8:05 a.m. Reducing the Risk of Liability from Dram employers, attendees need to be aware of the Shop and Social Host Laws options available for complying with existing Mr. Talpins will discuss corporate responsibility immigration laws and the penalties for failing programs, server training, licensing, advertising to comply. Ms. Lechtenberg will discuss issues, responsible beverage service programs, nonimmigrant visa options, employment age verification programs, partnerships with authorization verification program compliance, law enforcement and indemnification, should and enforcement options. something go wrong despite best efforts. This presentation is a key “how-to” for anyone in Penelope M. Lechtenberg, Hinshaw & the hospitality industry. Culbertson LLP, Rockford, Illinois Stephen K. Talpins, Rumberger Kirk & Caldwell, 3:55 p.m. How to Conduct an Investigation into a Miami, Florida Data Breach 8:55 a.m. Managing the Risk of Using Nonemployee This presentation will start with a description Security Personnel by Hospitality Companies of the types of breaches in privacy, data The unique liability that hospitality companies and information security, including statistics face when they use outside security personnel about breaches in the hospitality industry. for their operations will be discussed. From The relevant federal and state statutes will the often used off-duty police officers to a also be discussed briefly and the remainder formally contracted security company, the of the session will cover the investigation of myriad of different possibilities explored by the the breach. hospitality industry creates potential liability MODERATOR and risks ranging from tort claims to indemnity Bryan P. Couch, Clyde & Co US LLP, issues. This broad ranging discussion will cover Florham Park, New Jersey joint employer liability between the hospitality September 22–23, 2011 5 company and the outside agency that might 11:40 a.m. Franchisor Liability otherwise technically “employ” the security What kind of liability do franchisors have for officer; potential employment misclassification the negligence of their franchisees? Does the issues; and the potential liability of the law recognize and appreciate the difference hospitality company to the “nonemployee” between an agency relationship and a security personnel. contractual-based franchise relationship? This Michael C. Schmidt, Cozen O’Connor PC, topic will cover the law of actual and apparent New York, New York agency as it applies to the franchise relationship Lester E. Washington, Jr.,