Restaurants, Retail & Hospitality

Lawsuits alleging illness or personal injury are an unavoidable fact of business for restaurants and other hospitality companies. The firm regularly defends hotels, restaurants, and sports and entertainment venues in a wide variety of premises liability actions, including slip-and-fall, third-party criminal conduct, negligent security, and foodborne illness claims.

Thanks to our extensive insurance defense and product liability practices, we have unsurpassed skill in preventing spoliation of evidence and in preserving the injury or damage scene, securing access before evidence is destroyed. Such effectiveness is often the key to securing summary judgment dismissal of claims or reaching an advantageous settlement.

Thompson Coe successfully defends bars, taverns, hotels, and other social organizations against claims from third-parties for injury or death from the sale of alcohol to intoxicated patrons or minors. The firm has been successful in dispositive motions involving dram shop liability and seeks cost-effective dispositive motions whenever possible. Our attorneys effectively negotiate low settlements in cases involving serving alcohol to underage persons.

Thompson Coe has a practical understanding of the complex financing, development, operational, and litigation issues that restaurant franchisors face. We serve as general counsel to a major nationwide franchisor of pizza restaurants and have played a key role in structuring its franchising documents to comply with the legal requirements of states from the East Coast to California.

We help our clients work with franchisees on the legal implications of employment, financing, and dispute resolution, and are available to resolve controversies that arise in franchisor-franchisee relations.

Thompson Coe has a well-established team of attorneys who have successfully defended hotels, restaurants, and sports and entertainment venues in a wide variety of construction projects. The team has defended cases involving alleged design and construction defects and construction fee disputes. The firm’s construction defect lawyers have tried cases in virtually every area of construction in commercial projects.

Our attorneys also have demonstrated experience in the interpretation and litigation of claims arising out of indemnity agreements and additional insured endorsements, as well as expansion projects, real estate disputes, disputes surrounding construction of franchised establishments, disputes with franchisors, disputes between owners, tenants, contractors and suppliers, and generally in the context of contract negotiation, mediation, arbitration, and litigation.

Our Labor & Employment attorneys represent our hospitality clients in all phases and types of employment litigation, counseling, and training, particularly in immigration law compliance, union avoidance, and harassment or discrimination complaints.

Our services to restaurant and hospitality clients include general corporate work such as finance, tax counsel, and acquisitions and sales of companies and divisions. We also advise on more specialized issues involving:

• Real estate purchases, sales and leasing
• Intellectual property (protecting trademarks, copyrights, and service marks) and related issues in marketing and franchising activities
• Tax counsel, particularly with regard to franchise taxation
• Contracts with vendors and suppliers, and related pricing and antitrust issues.

Whether the challenge involves complex litigation, multi-state franchising laws, or everyday operational issues, Thompson Coe understands the needs of the restaurant, hotel, and hospitality industries. Some of our clients have well-known brand names, others are leaders in the behind-the-scenes operations of distribution and supply. All rely on our strong business, dispute resolution and insurance capabilities to help them manage risks and pursue opportunities in this highly visible and competitive business sector.