Litigation, Labor & Employment

Hospitality clients facing litigation and labor and employment-related challenges rely on Foley’s deep bench for advice and guidance in connection with risk management and dispute resolution. Foley helps clients navigate complex litigation matters while ensuring compliance with industry-specific regulations including labor laws. In addition, Foley provides strategic legal counsel in receivership matters, assisting lenders, investors, and court-appointed receivers in preserving and maximizing the value of distressed hospitality assets. Our key areas of focus include:

• Hospitality Industry Litigation – Representing hotel owners, operators, restaurants, and resorts in a wide range of disputes including those involving contract enforcement, franchise issues, construction defect claims, property damage, business interruption, and consumer claims.
• Employment Law & Workforce Management – Advising on labor and employment issues specific to the hospitality sector, including wage and hour compliance, overtime disputes, tip pooling, and employee classifications.
• Discrimination & Harassment Claims – Defending against employment discrimination, wrongful termination, and harassment claims, ensuring compliance with federal and state employment laws, including the ADA, FMLA, and Title VII.
• Labor Relations & Union Negotiations – Assisting with union-related matters, including collective bargaining agreements, labor disputes, and compliance with the National Labor Relations Act and local labor laws.
• Workplace Safety & Health Compliance – Advising on OSHA regulations and ensuring compliance with health and safety standards in hospitality environments.
• Employee Benefits & Compensation – Providing guidance on employee benefits, incentive programs, and compliance with the Affordable Care Act and other regulatory requirements.
• Crisis Management & Risk Mitigation – Developing strategies to handle reputation-damaging events, employee misconduct, and guest safety incidents, including crisis communication plans.
• Insurance – Foley’s well-seasoned insurance team can assist with insurance claims and related matters.
• Class Actions & Mass Torts – Defending against class actions and mass torts related to hospitality claims in the context of consumer protection, labor disputes, and related litigation.
• Alternative Dispute Resolution (ADR) – Guiding clients through mediation, arbitration, and expert resolution for dispute resolution.

Clientes representativos

• In trade secret litigation, negotiated forensic protocols, and performed forensic analysis in discovery process to uncover spoliation (destruction of evidence by opposition), including location of “smoking gun” document evidencing purging of files prior to production. Litigation settled favorably for client shortly thereafter.
• Provided Football Fit, LLC day-to-day advice and counseling on HR matters.
• Represented a client in resolving a complex lease dispute involving fiduciary‑duty issues, potential defenses, late‑fee claims, and statute‑of‑limitations questions. Achieved settlement through targeted negotiation, legal research, and drafting of a comprehensive Settlement Agreement and Lease Amendment.
• Represented a hotel owner in dispute regarding a third-party restaurant management agreement for an outsourced restaurant including appearing in the restaurant manager’s bankruptcy proceeding in California. Mediation of the dispute and eventual negotiation of a settlement and termination as well as the rebranding of the restaurant and takeover of the restaurant operations by the hotel manager.
• Represented a timeshare developer as the plaintiffs sought to represent a class of purchasers alleged to have signed a promissory note that did not comply with Wisconsin law. The case is ongoing.
• Represented Club Exploria, LLC in defending an enforcement action brought by the North Carolina Attorney General, successfully arguing key statutory‑limitations issues. The case resolved with no payment from the client and a consent order limited to future compliance, underscoring the strength of the firm’s state AG practice and litigation strategy.
• Represented Howard Johnson International, Inc., in the defense of a personal injury lawsuit.
• Represented a commercial landlord client’s interests as a creditor in a tenant’s bankruptcy proceeding.
• Represented a company managing Near North Chicago hotel in a collective bargaining with Teamsters (doormen and bell staff) and UniteHere (housekeeping, maintenance, and food service).
• Represented the 49ers Fit, a gym and athletic facility, in day-to-day labor and employment advice on a variety of topics, from onboarding to termination.
• Represented one of the owners of Cordillera Golf Club, located near Vail, Colorado, in a four-year arbitration against certain of the other owners. The claim included allegations of fraud, misappropriation of funds and concealment. A favorable decision in the arbitration eventually led to the acquisition of The Club at Cordillera. Thereafter, Foley represented the debtor in a successful Chapter 11 reorganization of Cordillera Golf Club.
• Represented TOG hotels, a hotel owner, against former guest that damaged hotel premises resulting in floor damage to multiple substantial portions of the hotel. Matter mediated to a favorable client settlement.
• Represented a hotel and timeshare hospitality client in defending lawsuit brought by timeshare owner who was banned from use due to sex crime conviction.