STOKES WAGNER, ALC COLLABORATION PROPOSAL prepared for URBANA VARRO HOSPITALITY MANAGEMENT CO, LLC June 2022 1
I've learned that people will forget what you said, people will forget what you did, but people will never forget how you made them feel. - Maya Angelou
STOKES WAGNER & URBANA VARRO HOSPITALITY It's Our Turn to Listen Urbana Varro Hospitality didn’t get to where it is today by sitting back. Your desire for deeper, more meaningful guest engagement speaks directly to our passion for crafting proactive, creative, and intelligent legal solutions for you. Stokes Wagner is focused on understanding the specific needs of Urbana Varro Hospitality and what ideal solutions look like. We listen to your needs and put this knowledge to use through constant collaboration, rejecting the view that practicing law is a solitary experience. Our belief in team effort brings value; engaging our firm means you engage the wisdom of all our resources. You will know what all of us know. Stokes Wagner would like the opportunity to partner with Urbana Varro to provide advice on preventative employment counseling and employment litigation defense. 3
WHY STOKES WAGNER FOR EMPLOYMENT COUNSELING & LITIGATION? Because Stokes Wagner is fluent in hospitality. Most lawyers do not know the difference between a tip pool and a tip credit. Most lawyers also can’t tell you the difference between a service charge and gratuity, let alone explain why the distinction is important. Have questions about the 7(i) exemption as it relates to spa therapists and banquet sales? Chances are your average employment lawyer will “have to get back to you on that.” We know hospitality because we are hospitality. On purpose, a significant majority of our team’s professional roots were planted in the hospitality industry. • Founder Arch Stokes began working in hospitality at the ripe old age of 14, washing 4
dishes and bussing tables at The Pancake House in Atlanta, Georgia. Arch later worked as a banquet server and front desk agent at various hotels before joining the Marine Corps. • CEO Hayden Pace worked as a banquet server during college and law school. •Shareholder Ashley Nunneker worked her way through college and law school as a bartender and server. •General Counsel John Hunt worked the front desk of the Boston Park Plaza Hotel in Boston. •COO Diana Lerma worked as a pizza cook in Los Angeles. Our organic boots-on-the- ground hospitality experience gives Stokes Wagner insight into Urbana Varro Hospitality’s guest-facing employees that most lawyers simply cannot relate to. 5
WHAT'S ON THE MENU? Whether you find yourself entangled in a legal issue or trying to prevent one, we understand that our presence is usually the first step toward a solution. It enables us to see your needs in context and better understand the variables, your culture, and your goals. By understanding the big picture, we partner with you to collaboratively find the best solution. 6
LITIGATION PREVENTION While our primary job is to prevent problems before they happen, we are well equipped to resolve disputes when they occur. We not only vigorously defend and advocate for you in and out of court, but also provide preventative services such as: ♦ Handbook drafting and updates; ♦ Non-compete drafting, defense, and enforcement; ♦ Non-disclosure and confidentiality agreements; ♦ Guidance regarding vendor relationships and contracts; ♦ Misclassification prevention and guidance; ♦ Wage and hour audits; ♦ Lawdit® ♦ Workplace Harassment; ♦ Retaliation & Favoritism; ♦ WARN Act compliance; ♦ Human Resources Counseling; ♦ COVID-19 reductions in force. AGENCY RESPONSES, ACTIONS & AUDITS Whether it is an unannounced on site audit by state agencies, a charge filed with the EEOC, or an inquiry by any other state or federal agency, we are there to help. We will partner with you to accomplish the following: ♦ Be your conduit with government agencies; ♦ Responses to Agency Charges; ♦ Defense against Agency Actions; ♦ Counseling and compliance efforts for audits and investigations. 7
LITIGATION We have your back should you ever find yourself in a dispute that has devolved into litigation. We have the skill, experience and drive to achieve the results you desire and we stand ready to defend Urbana Varro Hospitality in the following types of disputes: ♦ Wage & Hour Compliance; ♦ Meal & Rest Breaks; ♦ Over Time; ♦ Wages & Salaries; ♦ Misclassification; ♦ Collective and Class Actions; ♦ Workplace Harassment; ♦ Retaliation & Favoritism; ♦ Business Disputes & Litigation; ♦ Franchise Disputes; ♦ Discrimination Claims. Our mission is to provide effective and responsive services to reduce your exposure to legal problems and associated costs, no matter what legal challenges you may face, actual or prospective. We provide legal advice tailored to you. 8
Boutique Firm, Big Footprint We are boots-on-the ground—wherever you are. We have tried cases and handled legal matters in every U.S. state and seven foreign countries. 9
STOKES WAGNER'S RECENT WINS Whoemheatreuntos rbercaegn,tblyu.t we've hit a few SBE ENTERTAINMENT D/B/A THE DELANO HOTEL Stokes Wagner successfully compelled the arbitration of a high-stakes, twenty-plaintiff discrimination case in Miami, Florida. The motion was fervently fought by plaintiffs’ counsel and required six months of arbitration-related discovery. Following the court’s order, the case was quickly and favorably resolved. 10
COMPLETE ARBITRATION WIN FOR HOSPITALITY EXECUTIVE Stokes Wagner obtained a complete arbitration victory for the former executive of a luxury hotel company. After defeating the employer’s summary judgment motion, the arbitrator determined, following the final hearing, that the employer’s failure to consider the executive for other positions for which she was qualified constituted unlawful retaliation, resulting in a significant damages award for our client and attorney’s fees. 11
SUCCESSFUL UNION ELECTION CAMPAIGN Stokes Wagner led a successful union election campaign on behalf of a hotel employer in New York against Local 947. The deck was stacked against the employer, with 85% of the bargaining unit on active furlough due to COVID-19 and the entire campaign having to be conducted virtually. Despite the obstacles, the employer won in a landslide: 35- MIZAY ENTERTAINMENT, INC. V. KARIM KHARBOUCH The Stokes Wagner team successfully overturned a 2013 state court judgment against our client in the amount of $1.8 million in a breach of contract case. 12
COVID-19 and the WARN ACT In the middle of one of the most unprecedented periods in our lifetimes, Stokes Wagner assisted more than 100 employers in their successful compliance with the Worker Adjustment and Retraining Notification Act of 1988 as a result of COVID-19. 13
DEQUANTES LAMAR V. THINK IT’S A GAME ENTERTAINMENT, LLC, ET AL. Famous hip-hop artist and Stokes Wagner successfully enforced an exclusive recording agreement which the plaintiff claimed was unenforceable. Stokes Wagner also assisted the client in drafting a new agreement so the parties could amicably work together in the future. ARSENIO ARCHER V. LONDON HOLMES, ET AL. Plaintiff brought suit against our clients, asserting copyright infringement under the copyright law of the United States. Stokes Wagner swiftly and diligently moved the court to dismiss the action, which it granted in part, leaving the parties to work cooperatively to settle the case favorably. 14
BARBARA NORWOOD v. QUALITY CONTROL MUSIC, LLC Stokes Wagner successfully defended a world-renowned publishing company in a copyright infringement case. Stokes Wagner's comprehensive and well-reasoned motion to dismiss led to the case's early and voluntary dismissal by the plaintiff. CONFIDENTIAL ARBITRATION FOR INTERNATIONAL HOSPITALITY COMPANY Stokes Wagner secured a rare arbitration summary judgment win in an employment contract dispute. The court agreed with the employer's decision to terminate an employee following an investigation into excessive drinking and inappropriate behavior with subordinates. 15
MEET THE TEAM 16
ATLANTA. FLORIDA. NEW YORK. [email protected] T: 404.766.0076 M: 678.232.4542 ANSUHNLNEEYKER SHAREHOLDER ♦ J.D., Stetson University College of Law, Gulfport, Florida ♦ B.A., Political Science, Georgia State University, Atlanta, Magna Cum Laude 17
Throughout Ashley’s career, she has advocated for clients in a variety of diverse civil matters, including commercial and real estate disputes, contract and insurance disputes, partnership disputes, business torts, employment litigation, and intellectual property litigation. A significant part of her practice also includes advising clients on e-discovery management and best practices. Ashley has represented clients in multiple jurisdictions, including Georgia, Florida, Alabama, New York, and California. Some of her favorite experiences include: ♦ Complete reversal of injunction prohibiting rock quarry from operating related to alleged violations of zoning ordinances; ♦ Sanctions award against the plaintiff and opposing counsel related to discovery abuses; ♦ Rare order compelling production of private social media communications from multiple social media accounts and turnover of personal passwords; ♦ Multiple favorable settlements on behalf of banks in bank negligence cases; ♦ Decertification of FLSA putative collective action involving tip pools in arbitration proceeding; ♦ Spearheading favorable settlement of trade secret misappropriation litigation for a national software company; ♦ Leading and managing litigation for national airport concessionaire in tax litigation with local government; ♦ Successfully compelling arbitration of 18
15-plaintiff discrimination case on behalf of hotel client in South Florida, resulting in a subsequent favorable settlement. ♦ Obtaining rare monetary sanctions against a sexual harassment plaintiff and her attorney for discovery abuses; ♦ Obtaining a rare order compelling production of private social media communications from multiple social media accounts and the turnover of personal passwords related to a sexual harassment and defamation claim by a former employee; ♦ Leading and managing litigation for major international airport concessionaire in tax litigation with local government related to operations at Hartsfield Jackson International Airport. A true wine lover, Ashley recently completed her WSET Level 2 wine certification with the Napa Valley Wine Academy and is working on her WSET Level 3. She has had the honor and privilege of teaching Hospitality Law as an adjunct professor at her alma mater, Georgia State University, for its Cecil B. Day School of Hospitality. Ashley co-foundeda501(c)(3)non-profitorganization called Power Suit Project (PSP), whose mission is to provide opportunities for Atlanta women to build lifelong meaningful professional relationships with other women. As CEO and President of PSP, she learned invaluable management, operational, and “people” skills that she has shared with her clients. 19
GEORGIA [email protected] T: 678.596.9311 M: 404.964.5191 ARCH STOKES FOUNDER & CHAIRMAN ♦ B.A., English, Emory University; ♦ J.D., Emory University School of Law. 20
Arch Stokes is a trial lawyer. He has represented clients in courts, arbitrations and disputes in over 130 jurisdictions in the United States, The Bahamas, Jamaica, U.S. and British Virgin Islands, Puerto Rico, and Canada in 51 years of practicing law. He has defeated over $500 million in claims against defendants, and won over $100 million on behalf of plaintiffs. A list of sample cases is here. He has specialized in labor and employment litigation and disputes in the hospitality and foodservice industries, traveling over 7 million air miles. He began working as busser, front desk agent, server, and maintenance worker throughout high school, college and law school. Arch was born and raised in Atlanta by educators. He attended Emory University for both his B.A. and J.D. degrees. In high school and college he lettered in wrestling. In law school, he was Managing Editor of the law review and elected to ODK national leadership fraternity. He served in the U.S. Marine Corps during the Vietnam War as a chief defense counsel, chief trial counsel and military judge in over 200 courts-martial. Arch is committed to education. He is the author of 3 books and many articles on law. He has spoken to thousands all over the world about living and working with ethos, pathos and logos. He is a former member and chair of the advisory board of the Harrah College of Hospitality, UNLV; the Board of Visitors, Emory University; the Board of Trustees, Pfeiffer University; and an outgoing member of the Board of Trustees of Lake Junaluska. He has 21
taught/lectured at Georgia State University’s Day School of Hospitality Administration, Michigan State University’s School of Hospitality Business, Cornell’s School of Hotel Administration, Johnson & Wales University, University of Houston’s Hilton College of Hotel & Restaurant Management, Carolina Coastal Community College, among other schools. He is the past winner of the International Platform Association’s speaking competition. He (along with his best friend Bob Gardner) is the recipient of the Lewis H. Beck Medal (Georgia) for heroism for saving the life of Gabriel “Buzzy” Benzur. 22
GEORGIA [email protected] T: 404.766.0076 M: 404.606.6039 FJOISRHDMAANN ASSOCIATE ♦ B.S., Corporate Communications, University of Texas at Austin ♦ J.D., University of Georgia School of Law, Atlanta 23
While Jordan intended for the practice of law to be only a temporary detour from her path to become a politician – that detour has instead become her passion. And that’s one less politician for the world! Jordan is pleased to admit that she has acquired a true enthusiasm for the practice of employment law, especially within the hospitality industry. What could be more gratifying than helping a new hotel open its doors, or counseling a restaurant with best practices to elevate the employee-employer relationship and avoid lawsuits? To the conventional belief that the practice of law is nerdy or boring… she objects! At Stokes Wagner, we take pride in our “preventive law” approach – helping you avoid costly and distracting issues before they may arise. Jordan has fully embraced this concept. By counseling clients on a daily basis, Jordan seeks to build a communicative relationship whereby her familiarity with the client enables her to spot issues before they become problems. And should litigation be unavoidable, Jordan steps up to the plate as a dedicated and informed advocate for her clients. As a mid-level associate, Jordan has gained an impressive range of experience. Jordan has already deposed celebrities, conducted confidential workplace investigations, completed on-site audits of iconic hospitality institutions, trained an army of managers, argued countless motions (several for Grammy-winning rappers), served as lead counsel in arbitration, mediated numerous cases, and served as lead counsel in a jury trial. She has also drafted a 24
mountain of vendor contracts, handbooks, tip pool agreements, employment agreements, employee policies, S.O.P.’s, releases, leave notices and other hospitality-related documents. And while each client’s needs may present new challenges, Jordan is undaunted. As Benjamin Franklin stated, “energy and persistence conquer all things.” When Jordan is not throwing herself into the legal deep-end, she is a noted restaurant hound, amateur chef and new dog-mom. But above all else, she is a problem-solver that seeks to lead by showing-up prepared and ready to take on a challenge. 25
RATES & INSURERS Stokes Wagner strives to stay competitive in all markets while providing white-glove service. We will evaluate all aspects of each matter and provide a budget for hourly work. In addition to the traditional hourly billing method, overused by so many of our competitors, we offer a variety of creative billing solutions - monthly retainers, FlatMax fees, flat rates, and fee caps. We are confident we can achieve your goals on-budget. For matters not covered by EPL insurance, our discounted rates for monthly retainer clients are as follows: Shareholders $450-$600 / Hour Associates $325-$375 / Hour Paralegals $155 / Hour Stokes Wagner has had the privilege of working with or serving as panel counsel for the following insurance carriers: ♦ ACE Limited ♦ American International Group, Inc. ♦ Beazley Group ♦ Chubb ♦ Hiscox Insurance Company ♦ Liberty Mutual ♦ Markel Specialty ♦ Reliance General Insurance ♦ The Travelers Companies ♦ XL America, Inc. ♦ Willis Insurance Agency, Inc. 26
STOKES WAGNER'S 10 Guiding Principles ♦ We apply ethos, pathos, and logos. ♦ We love complex and daunting challenges. ♦ We think about the trees but never forget the forest. ♦ We believe in the legal system and trust in our skills and experience. ♦ We emphasize responsiveness. ♦ We embrace pragmatism and speak plainly. ♦ We are passionate about culture. ♦ We inspire resolutions and earn long relationships. ♦ We measure our success by the results we achieve for you. ♦ We support entrepreneurship. 27
ATLANTA PITTSBURGH One Atlantic Center, Suite 2615 858 Kennebec St 1201 W. Peachtree Street, NW Pittsburgh, PA 15217 Atlanta, GA 30309 412.521.6691 404.766.0076 SAN DIEGO NEW YORK 600 West Broadway 903 Hanshaw Road Suite 910 Ithaca, NY 14850 San Diego, CA 92101 607.257.5165 619.232.4261 LOS ANGELES SAN FRANCISCO 15250 Ventura Blvd 1 Harbor Drive, Suite 211 Sherman Oaks, Suite 710 Sausalito, CA 94965 Los Angeles, CA 90013 415.943.9471 213.618.4128 28
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