Murtha Means More

Retail, Restaurant & Hospitality


Contact: Joseph R. Tarby, III, Chair

The Retail and Hospitality Group represents real estate developers, owners and operators of shopping centers throughout New England. In addition, we represent numerous retailers and businesses within the hospitality sector, including restaurant and hotel chains. We regularly represent clients on the full gamut of landlord-tenant matters, from lease drafting and interpretation issues, to landlord/tenant disputes and evictions, to creditors' rights and bankruptcy. Murtha attorneys are active in development, including zoning and land use, environmental due diligence and remediation, and construction contract negotiations and disputes. We provide representation in all phases and types of financings, including funding pre-closing development costs, construction and permanent lending and loan modifications and workouts and foreclosures, and are skilled counselors in labor, employment and corporate law issues.

Population patterns, real estate price fluctuations and distressed properties, complex transportation issues, and an increasing focus on locally and regionally driven planning processes (e.g., smart growth) and the market and regulatory requirements of each, create a challenging but also rewarding development environment. In this complex and constantly changing environment, successful participants must understand where, why and how their competition is operating; anticipate emerging markets and issues that may arise from local government officials and neighborhood stakeholders; and have a firm grasp of the economics of a deal, including state, regional and local factors that may influence this analysis. Owners and operators are also challenged by the lead time necessary to permit projects and the resulting uncertainty of construction and energy costs, fluctuating financing requirements and availability, and an unstable labor market.

We partner with our clients to navigate through these issues. Our clients rely on us for excellent legal advice, but also, equally importantly, for the strategic counseling that often can be the difference between a good deal and a bad one, between opportunity gained and opportunity lost. Our performance in this regard is made possible because we understand how to do business in the retail and hospitality sectors. We are particularly proud of the fact that our reputation in this regard is most recognized by the one group that matters most: our retail and hospitality industry clients.

Over the years, our lawyers have striven to establish credibility with local and regional business communities and our contemporaries. We enjoy the highest reputation in our courts. This credibility is an essential component of our effectiveness.

We believe that effective legal representation requires clear communication and the most efficient and cost effective disposition of matters. This includes creative solutions to client problems. In each matter we endeavor to match our legal team exactly to the needs of the problem being addressed, bearing in mind the management philosophy, cost expectations, internal experience and resources of the client.

  • Litigated enforcement of the "Recapture Clause" in a Commercial Lease on behalf of shopping center owner.
  • Represented major restaurant chain in connection with a $55 million dollar sale/leaseback transaction involving 30 restaurant properties with GE Capital and U.S. Realty Advisors LLC.
  • Represented major restaurant chain in connection with a $160 million dollar sale of restaurant business.
  • Represented major retailer in obtaining zoning approvals for home improvement store.
  • Organized and provided private placement documentation in connection with establishment and development of a new restaurant group with exclusive franchise rights in Connecticut and portions of Massachusetts to construct and operate seven $3 million casual dining, full service restaurants. Three restaurants are currently in service and a fourth is under construction.
  • Counsel for property owner in creatively marketing and leasing interior hall of train station as a bar and lounge.
  • Represented major shopping center developer in obtaining zoning approvals to expand shopping mall.
  • Counsel for hotelier in the acquisition of four hotels in Connecticut over a two-year period, including ongoing labor, employment and liquor control issues.
  • Counsel of hotel owners in Massachusetts for employment matters.
  • Leasing counsel for landlord in connection with multiple leases with Doctor's Associates Inc. for the operation of Subway Restaurants.
  • Successfully represented National Restaurant Chain in pursuing CAM Audit rights under a Commercial Lease.
  • Leasing Counsel for major restaurant chain.
  •  Represent(ed) numerous restaurants on liquor license violations throughout the Commonwealth of Massachusetts and before the Commonwealth Alcoholic Beverages Control Commission.
  • Assisted major East Coast shopping center developer in addressing contamination issues at various developing and owned sites, including dry cleaner issues.
  • Represented drug store site developer in purchase of sites in Connecticut involving significant contamination issues under the Connecticut Transfer Act.
  • Successfully represented a high-end restaurant in a suit against its landlord for breach of the covenant of quiet enjoyment.
Description

Contact: Joseph R. Tarby, III, Chair

The Retail and Hospitality Group represents real estate developers, owners and operators of shopping centers throughout New England. In addition, we represent numerous retailers and businesses within the hospitality sector, including restaurant and hotel chains. We regularly represent clients on the full gamut of landlord-tenant matters, from lease drafting and interpretation issues, to landlord/tenant disputes and evictions, to creditors' rights and bankruptcy. Murtha attorneys are active in development, including zoning and land use, environmental due diligence and remediation, and construction contract negotiations and disputes. We provide representation in all phases and types of financings, including funding pre-closing development costs, construction and permanent lending and loan modifications and workouts and foreclosures, and are skilled counselors in labor, employment and corporate law issues.

Population patterns, real estate price fluctuations and distressed properties, complex transportation issues, and an increasing focus on locally and regionally driven planning processes (e.g., smart growth) and the market and regulatory requirements of each, create a challenging but also rewarding development environment. In this complex and constantly changing environment, successful participants must understand where, why and how their competition is operating; anticipate emerging markets and issues that may arise from local government officials and neighborhood stakeholders; and have a firm grasp of the economics of a deal, including state, regional and local factors that may influence this analysis. Owners and operators are also challenged by the lead time necessary to permit projects and the resulting uncertainty of construction and energy costs, fluctuating financing requirements and availability, and an unstable labor market.

We partner with our clients to navigate through these issues. Our clients rely on us for excellent legal advice, but also, equally importantly, for the strategic counseling that often can be the difference between a good deal and a bad one, between opportunity gained and opportunity lost. Our performance in this regard is made possible because we understand how to do business in the retail and hospitality sectors. We are particularly proud of the fact that our reputation in this regard is most recognized by the one group that matters most: our retail and hospitality industry clients.

Over the years, our lawyers have striven to establish credibility with local and regional business communities and our contemporaries. We enjoy the highest reputation in our courts. This credibility is an essential component of our effectiveness.

We believe that effective legal representation requires clear communication and the most efficient and cost effective disposition of matters. This includes creative solutions to client problems. In each matter we endeavor to match our legal team exactly to the needs of the problem being addressed, bearing in mind the management philosophy, cost expectations, internal experience and resources of the client.

  • Litigated enforcement of the "Recapture Clause" in a Commercial Lease on behalf of shopping center owner.
  • Represented major restaurant chain in connection with a $55 million dollar sale/leaseback transaction involving 30 restaurant properties with GE Capital and U.S. Realty Advisors LLC.
  • Represented major restaurant chain in connection with a $160 million dollar sale of restaurant business.
  • Represented major retailer in obtaining zoning approvals for home improvement store.
  • Organized and provided private placement documentation in connection with establishment and development of a new restaurant group with exclusive franchise rights in Connecticut and portions of Massachusetts to construct and operate seven $3 million casual dining, full service restaurants. Three restaurants are currently in service and a fourth is under construction.
  • Counsel for property owner in creatively marketing and leasing interior hall of train station as a bar and lounge.
  • Represented major shopping center developer in obtaining zoning approvals to expand shopping mall.
  • Counsel for hotelier in the acquisition of four hotels in Connecticut over a two-year period, including ongoing labor, employment and liquor control issues.
  • Counsel of hotel owners in Massachusetts for employment matters.
  • Leasing counsel for landlord in connection with multiple leases with Doctor's Associates Inc. for the operation of Subway Restaurants.
  • Successfully represented National Restaurant Chain in pursuing CAM Audit rights under a Commercial Lease.
  • Leasing Counsel for major restaurant chain.
  •  Represent(ed) numerous restaurants on liquor license violations throughout the Commonwealth of Massachusetts and before the Commonwealth Alcoholic Beverages Control Commission.
  • Assisted major East Coast shopping center developer in addressing contamination issues at various developing and owned sites, including dry cleaner issues.
  • Represented drug store site developer in purchase of sites in Connecticut involving significant contamination issues under the Connecticut Transfer Act.
  • Successfully represented a high-end restaurant in a suit against its landlord for breach of the covenant of quiet enjoyment.
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