Hospitality

The hospitality experience you need.

With billions of dollars in collective deal experience, our industry-leading hospitality team leverages our market-savvy acumen on every transaction, whether you are developing, buying, selling, refinancing, or restructuring – from marquee hotels and destination resorts to restaurants and meeting spaces – we bring creative, practical solutions to fast-paced projects and concepts.

Overview

The Spencer Fane Hospitality team delivers forward-thinking counsel across every phase of a project or business’ life cycle, guiding clients through complex real estate, financial, and operational challenges without losing momentum. At Spencer Fane, we are dedicated to providing exceptional legal services tailored to the entire hospitality industry.

Our extensive coverage spans various sectors, including resorts, hotels, lodging, restaurants, food and beverage concepts, experiential and entertainment venues, marinas, luxury RV parks, franchises, and related technology companies.

By collaborating across corporate, real estate, labor and employment, intellectual property, and tax disciplines, we provide coordinated counsel that aligns with the operational realities of hospitality enterprises. We provide clients with broad, experienced, and practical counsel, whether the challenges are purely domestic or involve worldwide expansion.

Experience

Transactions

  • Represented owners, developers, and operators in the development and sale of a $600 million multistate resort portfolio, including resort, hotel, and timeshare properties.
  • Represented a large hospitality company in the development of a mixed-use hotel, retail, and condominium project, including the negotiation and documentation of a redevelopment agreement with the city and joint venture agreement with development company, the issuance of federal and state historic tax credits and TIF bonds to subsidize financing of project costs, obtaining Brownfield tax credits to subsidize environmental remediation, and the negotiation of a license agreement with large hotel chain.

  • Advised on an 18-acre mixed-use development in downtown Nashville that is home to more than three million square feet of Class A+ office and creative office space, a 591-room luxury hotel, and a 4,000-seat music venue.
  • Represented a hotel developer in connection with the negotiation of a redevelopment agreement with a municipal government that provided for, among other things, the establishment of a community improvement districts and a transportation development district in order to offset infrastructure costs, sales tax rebates, and real property tax abatement.
  • Represented a hospitality company in the acquisition of a hotel project, including the negotiation and documentation of the assumption of a permanent non-recourse loan with existing CMBS lender.
  • Successfully negotiated and closed a $190 million construction and development financing transaction for hotel and timeshare developer in Las Vegas.
  • Represented the primary construction lender on a $93 million hotel and convention center construction project in large mixed-use development.
  • Served as primary counsel for the acquisition and disposition of two historic hotels, including a five-story luxury property.
  • Represented multiple hotel debtors in Chapter 11 bankruptcy cases.
  • Served as lead counsel for the sale of multiple hotels and corresponding 1031 exchange transactions.
  • Provided legal counsel on construction contracting, financing, and development risks for resort and hospitality properties, as well as advice on commercial real estate procurement, land use zoning, and development issues.
  • Offered guidance on securing permits, entitlements, and drafting resort Public Offering memorandums.
  • Advised clients on securing resort privilege licenses for restaurants and casinos.
  • Represented lenders making hundreds of millions of dollars in loans secured by resort hotel assets and golf course assets.

Litigation

  • Represented a hotel in a case alleging lax security measures resulted in a guest being assaulted by another hotel guest during her stay. The case resolved for a nominal cash payment and hotel reward points.
  • Represented a hotel in multiple premises liability matters claiming that various aspects of the property caused guests to fall, break bones, and suffer damages.
  • Obtained extremely favorable midtrial settlement for a renowned boutique hotel in a multimillion-dollar catastrophic injury lawsuit.

Areas of Focus

Our experience in this area includes the representation of public and private entities in the acquisition, development, and disposition of hotel properties and ancillary facilities. We represent developers in connection with financing hotel projects, including construction and permanent financing and negotiating and obtaining various development incentives, including tax increment financing (TIF), tax abatement, sales tax exemption, and other forms of public financing.

We also regularly assist hotel owners and developers in connection with capitalizing and/or recapitalizing their portfolios and investments through the private placement of securities (equity and debt) and various other capital raising activities, including JV transactions with private equity funds and venture capital groups.

With a deep knowledge in real estate development, encompassing multi-use developments and legacy projects, and significant experience in luxury resorts and specialty lodging, we strive to ensure that our clients receive the highest level of support. We work with stakeholders – ranging from owners, lenders, investors, family offices, funds, private equity, REITs, management companies, food and beverage operators and managers, golf resorts, nonprofit entities, member groups, developers, franchisors, and others – to create and implement solutions focused on meeting client objectives throughout the life cycle of an asset. We take a proactive approach to identifying and managing insolvency risk, working closely with stakeholders to safeguard their interests.

At the forefront of opportunity and innovation, we are dedicated to reshaping the future of marina and luxury RV development. We aim to ensure that our clients not only thrive but also take the lead in this dynamic industry. Ongoing corporate compliance guidance ensures that operations run smoothly while adhering to local and federal regulations for ground leased developments. We specialize in working with public sector entities to obtain ground leases, entitlements, and other complex development approvals for our client. We regularly represent and advise clients on operational issues and regulatory compliance in maritime-related outdoor recreation and boat storage.

Our comprehensive legal services address:

  • Complex real estate and financial transactions
  • Advising developers and member groups in equity conversions
  • Representing buyers and sellers in the purchase, sale, and financing of assets
  • Full-service business formation services, contract negotiations
  • Developing and implementing owner strategies
  • Representing major marina operators
  • Conversion of government plots into leasehold interests for RV parks
  • Securing loans for development against permits
  • Zoning, permits, and construction compliance

Restaurants operate at the intersection of creativity, operations, and capital, requiring strategic legal guidance to support growth while managing evolving business, consumer, and regulatory demands.

Our team advises hospitality groups, restaurateurs, celebrity chefs, and investors at every stage of the business life cycle, from concept formation through expansion, transition, and exit. We assist clients with new concept development, multi-unit scaling, recapitalization, domestic and international expansion, and transactions that support long-term growth. Our experience includes investment and capital raising, joint ventures, licensing and management agreements, and complex equity and debt financing arrangements, as well as structuring ownership models that balance competing priorities.

We also counsel clients on brand development and protection, including intellectual property strategy, licensing, merchandising, and publicity and endorsement matters. In addition, we support day-to-day operations across real estate, workforce management, technology, regulatory compliance, and dispute resolution, helping clients adapt to changing market conditions while maintaining operational continuity.

The management and restructuring of distressed assets in the hospitality sector present distinctive chances for rejuvenation and expansion.

 

We focus on providing support to hotel owners, restaurateurs, secured lenders, and landlords in matters of debt restructuring, related litigation, receiverships and bankruptcy proceedings. Our services include managing distressed assets, assisting buyers of distressed assets where we act as legal counsel for stalking horse bidders and potential buyers, particularly within the hospitality sector. In particular, the team has experience:

  • Representing a leading hospitality firm in several distressed asset situations.
  • Acting as legal counsel for stalking horse bidders in transactions to ensure their interests were protected, acquisition opportunities were maximized, and that favorable terms were negotiated.
  • Collaborating with lenders to manage receiverships within the hospitality sector.
  • Assisted with debt restructuring and managed related litigation for hotel owners, restaurateurs, secured lenders, and landlords.

In advising hospitality technology companies, investors, and adopters, we employ our decades of experience working with technology companies across other industries, remaining mindful of what is special about the hospitality landscape. The Spencer Fane team understands the unique demands of businesses serving hotels, restaurants, travel platforms, and other hospitality-sector clients, and we deliver practical guidance that helps innovators move quickly while protecting their commercial interests.

From early-stage advisory work to complex commercial and financing transactions, we serve as a trusted legal partner to hospitality technology companies navigating a rapidly changing market.