The End Of Impact: Has The Death Knell Sounded For Economic Impact Studies In Encroachment Disputes Between Managers And Owners?
Mondaq Business Briefing › United States Law Articles in English (2008)
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The End Of Impact: Has The Death Knell Sounded For Economic Impact Studies In Encroachment Disputes Between Managers And Owners?
Impact studies have become a staple of most hotel industry encroachment disputes. But are such studies necessary or even relevant in an encroachment dispute between an owner and its managing agent? In other words, if an owner wishes to stop its manager from competing against it, must the owner demonstrate an adverse economic impact in order to prevail? This Newsletter analyzes these questions and discusses a favorable ruling that Stroock's Hospitality Industry Practice Group recently obtained from an arbitration panel on behalf of an owner. In that ruling, the panel found...
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