OUR LEGAL KNOWLEDGE, AT YOUR SERVICE
For nearly 40 years, Ball Janik LLP has represented hospitality clients with legal needs ranging from real estate, construction, acquisitions and development, contract disputes, insurance, employment, financing, and bankruptcy and reorganization. We have successfully prosecuted and defended claims for our hospitality clients, including well-known national hotel brands, resorts, luxury boutique hotels, sports and entertainment venues, and restaurants.
As an established and respected real estate law firm in the Pacific Northwest, we have cultivated relationships at the highest levels. We are equipped to assist with governmental regulatory matters, including zoning, licensing, and environmental disputes. We are also vastly experienced in advising mixed-use resort owners, including those featuring condominiums and timeshares, and advising boards and associations on a variety of needs.
Our attorneys represented the Washington State Public Stadium Authority in the $430 million financing, development, construction and leasing of Qwest Field and Event Center, a multipurpose public stadium and concert facility that is home to the Seattle Seahawks. More recently, we successfully prosecuted and resolved breach of contract and oppression claims in Oregon and New York courts involving the Ace Hotel Group. We are currently litigating business interruption claims for multiple hospitality clients.
We are dedicated to remaining steadfast to the ever-changing needs of clients in the hospitality industry. By leveraging our knowledge and breadth of capabilities, we successfully guide owners, developers, and property managers on the myriad of issues that arise over a property’s or portfolio’s lifetime. We are proud members of ARDA, the American Resort Development Association, and through our involvement, strive to cultivate high-level knowledge for those involved in the industry.
Our team endeavors to provide tailored legal services and to surpass client expectations. We are results-driven counselors and litigators with a focus on guiding clients on everything from risks to prospects in this rapidly evolving industry.
DEPTH & EXPERIENCE
When a client suffers a covered property loss, the resulting business losses can exceed the costs of repairing the damage. We understand business interruption losses and assist clients in presenting their claims to their insurers. When landslides closed the roads leading to our client, a major Northwest ski resort, we helped our client recover its lost income from its insurance carriers. We have handled other business interruption claims for our clients, including an aircraft manufacturer and a biodiesel refinery.
Commercial General Liability Coverage
We regularly advise clients on insurance coverage issues arising under commercial general liability insurance policies, including both occurrence-based and claims made policies and both primary and excess/umbrella policies. We have handled matters involving bodily injury, property damage, personal injury, and advertising injury. When our clients are faced with potentially devastating claims, we make sure that their insurance carriers understand their coverage obligations and take the appropriate steps to protect their insureds. When insurers fail to comply with the terms of their policies we pursue all appropriate options, including litigation. The firm has successfully litigated general liability coverage claims in state and federal courts throughout the Northwest.
The firm has broad knowledge in insurance issues arising from construction projects. We have helped clients recover under builders’ risk policies for losses that occurred during the course of construction. We regularly advise clients who are faced with construction defect claims on the coverage available under their liability policies, and we do everything possible to make sure the insurance carriers honor their policy obligations. Where necessary and appropriate, we sue recalcitrant carriers in state or federal court. We also advise clients regarding appropriate insurance coverage, including Owner-Controlled and Contractor-Controlled Insurance Programs (OCIP and CCIP “wrap” policies).
Directors & Officers, Fiduciary, and Errors & Omissions
We represent corporate clients with complex coverage issues arising under Directors and Officers (D&O), Fiduciary, and Errors & Omissions (E&O) insurance policies. We represented a high-tech company with regard to claims arising from accounting irregularities and restated earnings, which resulted in class action and shareholder derivative lawsuits. We sued our client’s D&O insurer in federal court in Portland and ultimately negotiated a favorable settlement. We were also retained by a bankruptcy trustee to provide expert testimony on Oregon and U.S. insurance coverage law, including D&O coverage issues, to a court in British Columbia.
Increasingly, sophisticated employers are purchasing Employment Practices Liability insurance. With that increase comes an increase in coverage issues arising under such policies. We assist clients in understanding the scope of their employment coverage and in presenting appropriate claims and negotiating, or litigating, appropriate resolutions.
In federal court in Portland, the firm successfully tried to a jury Oregon’s first environmental insurance coverage case. Since then, we have continued to advise clients on insurance coverage issues arising from environmental contamination, and we have successfully litigated environmental coverage cases in Oregon and Washington state and federal courts and in the Ninth Circuit Court of Appeals.
The firm represents clients with regard to issues arising from first-party property insurance claims, including claims for fire damage, flood damage, wind damage, and collapse. We assist clients in maximizing the benefits of their property insurance policies and in understanding their rights and obligations under the policies. Where a client’s business is impacted by a covered loss, we assist the client in the pursuit of appropriate business interruption claims. Where necessary, we have successfully litigated claims under property insurance polices throughout the Pacific Northwest.
Summary of Other Areas
Our experience and experience extends to all of the following: Amici Curiae, Asbestos, Aviation, Broker/Agent Liability, Business Torts, Contractor-Controlled Insurance Programs (CCIPs), Construction Defects, Facultative Reinsurance, Fire, Flood, Hearing Loss, Health Care, Insurer Bad Faith, Intellectual Property, London-Market issues, Long-Term Disability, Lost Policies, Owner-Controlled Insurance Programs (OCIPs), Products Liability, Professional Liability, State Insurance Department Matters, Treaty Reinsurance, Various Specialty Policies, and Workers’ Compensation.