Jenner & Block serves leading clients in the real estate and hospitality industries with an integrated approach that spans disputes, transactions, and governmental matters. We represent management companies and major brands, developers, owners, REITs, and asset managers with respect to their most important legal challenges and opportunities.
We partner with clients on their most complex transactions and assist with managing legal risk and advancing business strategy. When disputes arise, we resolve them. We handle major transactions, advise on operational challenges, and lead investigations and regulatory matters involving real estate assets and leading hospitality brands. Our main objective is to help our clients achieve their business objectives, using the law as one tool among many.
Experience
Disputes
- Won preliminary injunction for Marriott requiring a hotel owner to specifically perform the hotel management agreement obligation to fund working capital.
- Prevailed on all claims following an arbitral trial in litigation brought by a joint venture partner concerning our client’s management of the jointly-owned hotel.
- Won AAA arbitration on behalf of owner of $300 million landmark office tower in dispute involving neighbouring development and violations of construction, operation, and reciprocal easement agreement.
- Defended the $13.6 billion merger between Marriott International and Starwood Hotels & Resorts against challenge by two hotel owners who alleged the deal violated non-compete provisions in hotel management agreements.
- Defeated class action litigation for multiple hospitality clients, including a dismissal with prejudice on behalf of Hyatt in a suit regarding resort fees, dismissal with prejudice on behalf of Marriott in two suits stemming from property system incidents, and summary judgment for Marriott in a suit alleging consumer fraud regarding hotel menu items.
- Defeated claims for more than $1 billion against leading healthcare REIT for alleged breaches of fiduciary duty in connection with financing and sale-leaseback transaction.
- Won trial and injunctive relief on behalf of major retail property owner against tenant nightclub’s misuse of property for obscene performances.
- Pursued and defended claims in multiple joint venture disputes involving large scale real estate developments, including office towers, medical office buildings, and senior care.
- Representing a Beijing-based joint venture partner in a complex dispute involving a mechanics’ lien foreclosure. In addition to assessing exit strategies, we are actively working with the client to resolve the mechanics’ lien foreclosure filed by the general contractor and a lender foreclosure action.
Transactions
- Represented Wolf Point Hotel Company in connection with navigating various COVID-19 related issues, negotiating and closing a loan modification and the ultimate sale of the Holiday Inn Mart Plaza located in downtown Chicago. The matters involved various complex issues, including, restructuring a ground lease and addressing union related issues as the loan matured.
- Negotiated the purchase agreement and handled the sale of an industrial facility and land in New Jersey, with a history of environmental issues. We provided environmental and FDA due diligence, negotiated deed restrictions and other covenants, negotiated the stock purchase agreement, and provided guidance on ISRA compliance.
- Represented InvenTrust Properties Corp. in its headquarters relocation and lease negotiation, and in on-going leasing, acquisition, and disposition matters across the country. InvenTrust is the owner and manager of 66 retail properties across the United States, with an asset value of $3 billion.
- Represented Cantor Fitzgerald in connection with the acquisition and financing of a newly constructed one million square foot warehouse in Livonia, Michigan, which was simultaneously leased to Amazon.
- Represented the developer in the redevelopment and sale of four hotels and adjacent commercial property valued at approximately $200 million in Key West, Florida.
- Represented the Chicago Hard Rock Hotel in a complex refinancing involving a tax credit ownership structure and Tax Increment Financing on behalf of the owner.
- Represented the seller of the Paramount Hotel in Manhattan, Times Square for $189 million.