With a deep bench of industry-savvy attorneys, Tonkon Torp is a trusted legal partner for hospitality businesses in Oregon and beyond. We bring practical insight, clear communication, and proactive legal strategies to help your business thrive.
At Tonkon Torp, we understand the unique legal challenges facing businesses in the hospitality industry—from independent boutique hotels and award-winning restaurants to national franchises and resort operators. Our multidisciplinary team provides strategic, cost-effective counsel tailored to your operational needs, growth plans, and brand identity.
Corporate & Transactional
Hospitality businesses often involve complex ownership structures, franchising relationships, and management agreements. We assist clients with business formation, capital structuring, acquisitions and sales of hotels or restaurants, and negotiating joint ventures and franchise agreements. Our work ensures the legal underpinnings of the enterprise are sound and aligned with long-term business goals.
Real Estate & Land Use
Real estate is fundamental to the hospitality sector. We guide clients through the purchase, lease, and development of hospitality properties, including site selection, zoning approvals, entitlements, and permitting. Our experience extends to working with municipal authorities and navigating land use restrictions that impact hotels, resorts, and food service venues.
Labor & Employment
The hospitality industry is labor-intensive and heavily regulated. We help clients comply with wage and hour laws, workplace safety requirements, and employee classification rules. Our counsel covers employment agreements, employee handbooks, harassment prevention, and defense against wrongful termination or discrimination claims. We also assist with union-related matters in unionized settings.
Licensing & Regulatory
Hotels, bars, and restaurants must comply with a web of local, state, and federal regulations. We assist clients in obtaining and maintaining liquor licenses, food service permits, and business registrations. We also advise on ADA compliance, OLCC and local regulatory authority rules, and city ordinances affecting short-term rentals or entertainment venues.
Dispute Resolution & Risk Management
Disputes are inevitable in hospitality, whether involving customers, vendors, or employees. We represent clients in commercial litigation, including contract disputes, premises liability claims, regulatory disputes, and insurance coverage issues. Our focus is on resolving conflicts efficiently and protecting the operational integrity of our clients’ businesses.
Intellectual Property & Branding
Hospitality brands often distinguish themselves through names, logos, proprietary recipes, or interior design elements. We help clients secure and enforce trademark rights, draft licensing agreements, and protect trade secrets or unique brand assets in franchising or partnership contexts.
Data Privacy & Cybersecurity
The hospitality sector increasingly relies on digital systems that collect personal guest data. We assist with data privacy compliance under laws such as the CCPA and GDPR, advise on vendor and IT contracts, and help prepare for and respond to data breaches. Our work helps minimize exposure and build trust with customers.
Construction & Development
New builds and renovations are common in the hospitality world, from hotel expansions to restaurant remodels. We assist with construction contracts, bid disputes, lien issues, and claims related to construction defects or delays. We also advise on labor agreements for construction projects involving union labor or prevailing wage requirements.
Environmental Law
Environmental compliance issues arise in hospitality projects involving land development, waste disposal, water usage, or hazardous materials. We provide counsel on regulatory requirements, sustainable development practices (e.g., LEED certification), and environmental due diligence for acquisitions or property development.
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Case Studies
Portland’s James Beard Public Market Moves Forward—Decades of Dedication Pay Off
After nearly 30 years of perseverance, Portland’s James Beard Public Market is finally getting set to open—thanks to a coalition of dedicated Portlanders, including Tonkon Torp, which has been part of the journey from day one.
Tonkon Torp Attorneys Help Secure Portland’s First Five-Star Hotel Project
Tonkon Torp played a foundational role in paving the way for Oregon’s first five-star hotel development, the 35-story Ritz-Carlton hotel in downtown Portland. Attorneys from the Real Estate & Land Use Law Practice Group represented their client, the landowner, in negotiating an agreement to enter into a ground lease (AEGL) with BPM Real Estate Group, a Portland-based developer, assisting with the fulfillment of the AEGL’s conditions, and closing the transaction with the parties entering into the ground lease itself.
Tonkon Torp Secures Favorable Ruling for the Heathman Hotel
Tonkon Torp was hired by the Heathman Hotel in 2015 with the goal of gaining a swift resolution to a dispute regarding McCormick & Schmick’s lease renewal terms. Find details and more featured cases here.
Representative Matters
Defeasance of Portland Hotel Loan
Advised Portland hotel owner on defeasance and simultaneous new loan transaction secured by hotel real estate.
Hotel Purchase, Sale, Financing, and 1031 Exchange
Represented hotel investor in sale of two Seattle area hotels and acquisition of a replacement hotel in a reverse 1031 exchange while simultaneously refinancing secured debt.
WHI Hotel, LLC, et al. v. Wilsonville Holiday Partners LLC, et al.
Defended Wilsonville Holiday Partners (WHP) against claims for breach of warranty and misrepresentation in a hotel property sold by WHP to buyers in 2008. The buyers claimed that alleged defects in the hotel allowed water intrusion from the roof and windows. The case was tried to a jury in Washington County Circuit Court. Plaintiffs sought damages of $5 million and punitive damages of $15 million. After the jury had deliberated to impasse, the case was settled on terms favorable to the client, for a small fraction of the amount sought by plaintiff, and the settlement consisted mainly of forgiveness of a note from buyers to seller for seller financing of a portion of the purchase price.
Representation of Restaurant Owner
Represented a company that owned a chain of restaurants in a Chapter 11 proceeding which resulted in a successful confirmed plan of reorganization. On behalf of this company, Leon Simson led a Tonkon Torp team to seek protection under Chapter 11 and to produce a fast track resolution that resulted in a confirmed plan of reorganization allowing the reorganized company to emerge from bankruptcy.
McCormick & Schmick Restaurant Corp., v. Professional Facilities Management, Inc.
(U.S.D.C. Case No. 3:10-cv-362-pk) – Represented PFMI in defense of breach of contract and business tort claims filed by McCormick and Schmick relating to a repair and maintenance contract for a chain of 93 restaurants. Also filed counterclaims on behalf of PFMI for breach of contract and business torts. The case was settled on a confidential basis.
Acquisition of Property Leased to Restaurant Chain
Represented client in acquisition of commercial property leased to prominent restaurant chain at a premier regional shopping center in Fredericksburg, Virginia.
Purchase of Restaurant Development Site in Shopping Center
Represented client in the purchase of the site of a prominent national chain restaurant under construction in Fresno, California. The property was part of an existing shopping center with an extensive and complicated title history. Tonkon Torp handled real estate evaluation, lease review and resolution of title issues on an expedited basis, as the agreement gave buyer less than three weeks to complete all due diligence.
Restaurant Lease
Negotiated the lease for a Hawaiian-Time Restaurant in Springfield, Oregon.
Portland Restaurant
Representation of the buyer in its acquisition of the controlling interest in a Portland restaurant.
Sale-Leaseback of Fast Food Restaurant
Negotiated the sale and long-term leaseback of two locations of a prominent fast food franchise in Oregon.
Services + Industries
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We encourage you to contact us if you have further questions about our firm or our experience. For your protection, we cannot represent you until we know that doing so will not create a conflict of interest. Accordingly, please do not send us any confidential or secret information about any matter that may involve you until you receive a written statement from us that we represent you (an engagement letter).
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