Richard Barrett-Cuetara, born in Santa Barbara, California, is a Shareholder in the Commercial Litigation Practice Group of Cowles & Thompson. He has over 20 years of experience in real estate transactions and legal matters relating to the commercial real estate industry. He has represented independent hotel owners, franchisors, franchisees, and hotel management companies in significant disputes throughout the United States involving cutting-edge legal issues relevant to the hospitality industry. He gained significant commercial real estate experience in finance, transactional matters, asset management issues (hotels), and the appraisal of commercial real estate while working in the Real Estate Investment Division of Metropolitan Life Insurance Company in Dallas, Texas. Rick is also a member of the Firm's Hospitality and Lodging Practice Group.

Richard Barrett-Cuetara, born in Santa Barbara, California, is a Shareholder in the Commercial Litigation Practice Group of Cowles & Thompson. He has over 20 years of experience in real estate transactions and legal matters relating to the commercial real estate industry. He has represented independent hotel owners, franchisors, franchisees, and hotel management companies in significant disputes throughout the United States involving cutting-edge legal issues relevant to the hospitality industry. He gained significant commercial real estate experience in finance, transactional matters, asset management issues (hotels), and the appraisal of commercial real estate while working in the Real Estate Investment Division of Metropolitan Life Insurance Company in Dallas, Texas. Rick is also a member of the Firm's Hospitality and Lodging Practice Group.

Hospitality & Lodging Litigation

Hotel management contract disputes relating to operational, pre-opening, "Woodley Road" (rebates/kickbacks/commissions) and termination issues
Franchise disputes relating to territorial exclusivity, impact/encroachment, renovation/conversion, reservation (GDS), and termination issues
Toxic mold, lender/liability, receivership, limited partnership, and transfer occupancy tax disputes
Complex bankruptcy disputes involving consolidated returns, NOL's, and adversary proceedings

Real Estate Litigation

Office building lease disputes involving accountings and reimbursement of building expenses
Lender liability, joint-venture, asset management, and bankruptcy disputes
Limited partnership, general partner, and limited partner disputes
Commercial real estate appraisal experience (M.A.I. Courses)

Complex Commercial Litigation

Officer and director disputes involving indemnification issues
Limited partnership, general partner, and limited partner disputes
Copyright infringement, Lanham Act, fraud, and general litigation matters

Commercial Real Estate - Transactional Experience

Hotel, franchise, license, and asset management agreements
Office building leases, tenant finish letters, and related matters
Joint-venture, partnership, and loan agreements
Contracts of sale
Closings

Reported Opinions:

Empire Holdings LLC v. Radisson Hotels Int'l., Inc., Civ. No. 600961-99 (Sup. Ct. N.Y. Co., IAS Part 27, Oct. 5, 1999) (Gammerman, J.) (franchise dispute)
Chamison v. HealthTrust, Inc. - The Hospital Company, 748 A.2d 407 (Del. 2000) (officer and director indemnification/contribution dispute)
Zurich Ins. Co. v. Bank One, Texas N.A., et al., 2000 WL 640906 (Tex. App. - El Paso 2000)(restricted appeal)

Hospitality Industry - Articles, Interviews & Speaking Engagements

On June 23, 2004, Rick spoke on the Sarbanes-Oxley Act of 2002 at the HITEC 2004 Conference in Dallas, Texas. Rick discussed the applicability of Sarbanes-Oxley to the hospitality industry.
On March 26, 2004, the Dallas Business Journal published "The Franchise Relationship is Complicated" in a DBJ Special report on the hospitality industry.
"Asset Manager: Gatekeeper or Bean Counter?," Lodging Hospitality (March 15, 2004)
"Mold Growth Threatens Property Values," Lodging Hospitality (Nov. 2003 at 58)( co-authored with Raymund King)
The Lodging Conference 2003 (Oct. 16, 2003). Mr. Barrett-Cuetara was a guest speaker on the following panels: Franchise Legislation Impacting the Hotel Industry and Internal Accounting and Financial Controls in a Hospitality Environment. Cowles & Thompson was a co-sponsor of the Lodging Conference
"Dilemma of a Convention Hotel: 'Special Interests' v. 'Civic Pride'," Fort Worth Business Press (Sept. 3, 2003)
"Viewpoints," a nationally syndicated talk show broadcast to over 215 radio stations nationwide. The interview discussed travel taxes and hotel occupancy taxes (week of Aug. 31, 2003)
"Avoiding Tortious Interference Lawsuits," Lodging Hospitality (Aug. 2003, at 18)
"How to Avoid the Nightmare of Litigation," Lodging Hospitality (Jan. 2003, at 14)
Hotel, Resort and Tourism Committee Newsletter of the ABA, Co-Editor (1999-2001)
"Holding Franchisors' Feet To The Fire: The Hotel Franchisee's Right To Terminate Non Performing Franchisors," 4th Legal Strategy Conference, Cornell University, School of Hotel Administration (Oct. 4-6, 2000)(co-author)
"Splitting the Red Roof-Ramada Difference," Lodging Hospitality (May 2000, at 10)
Hospitality Law Institute, Cornell University, School of Hotel Administration, Co-Founder & Advisory Panel Member (f/k/a Hospitality Industry Law Institute, Conrad N. Hilton College of Hotel & Restaurant Management, University of Houston) (1996-2000)
"Sons of Thunder to the Rescue? A Ruling in New Jersey May Bring Relief for Victims of Unilateral Terminations of Management Agreements," Lodging Hospitality (Jan. 1998, at 45)(co-author)

Tax - Articles and Interviews

"Buyer Beware: Bought Business, Not Witholding Taxes," Fort Worth Business Press, January 2, 2004
"Enron, Worldcom Legally Could Get Tax Refunds," Fort Worth Business Press, Vol.16, No. 23 (Jun. 9, 2003)
"Massive Loophole Found in Tax Code," Bankruptcy Court Decisions, Weekly News and Comment, Vol. 41, No. 6 (May 20, 2003)
"Avoiding the Expropriation Nightmare - Tax Consequences and Asset Protection Techniques,"52 (3) U. MIAMI L. REV. 701 (1998)
"Confronting Tax Havens, The Offshore Phenomenon, and Money Laundering, "23 (2) INT'L. TAX. J. 12 (1997)

Recent Accomplishments

In August 2008, Richard Barrett Cuetara and Eric Yepez represented the purchaser of a retail shopping center that alleged both seller and real estate agent had fraudulently concealed construction defects in the building. The favorable settlement required the seller to enter into a 10 year lease with the owner and to repair the construction defects. The real estate agent's conduct violated TREC Rules.
In January 2006, Rick became a member of the Board of Directors for the Caruth Hills & Homeplace Neighborhood Association. CH&HNA is an association of residents living in University Park and Dallas, Texas.
In September 2005, Rick represented a municipality in seeking enforcement of construction code violations involving an 8-story high-rise luxury condominium. The code enforcement actions were related to an underlying construction defect lawsuit filed by the condominium homeowner's association against the developer, general contractor, and sub-contractors. The Firm advised the municipality in the underlying lawsuit and in the code enforcement proceedings, which included the potential condemnation of the condominium project and revocation of certificates of occupancy of all unit owners.
In August of 2005, Rick advised a New York City investment firm on the legal claims and defenses asserted in lawsuits filed in Washington, California, Pennsylvania and Texas relating to Internet hotel web sites. The Internet hotel lawsuits were filed by shareholders and municipalities regarding the collection of hotel occupancy taxes.
Rick's article, "Is the USA Patriot Act the Model Legislation for Foreign Governments to Use in Combating Terrorism?" will be published in the second edition of Hospitality Law (2005), a book on managing legal issues in the hospitality industry.
On March 10-12, 2004, Cowles & Thompson co-sponsored the 4th Annual Lodging Hospitality Strategic Conference on Hospitality Operations and Technology, at the Wyndham Anatole Hotel, Dallas, Texas. Rick moderated a panel on "Hotel Technology Issues -- Telling Tales Out of School."
Lodging Hospitality Contributing Editor in 2004.
On January 22-23, 2004, Rick spoke at the 2nd Annual Hospitality Law Conference at the Conrad N. Hilton College, University of Houston, on liquidated damages, impact and encroachment policies, and renovations and upgrades to the hotel chain from the franchisor's perspective. The Hospitality Conference is sponsored by the Hotels, Resorts, and Tourism Committee of the American Bar Association. The Hospitality Law Conference is the premiere hotel law conference in the country.
On January 1, 2004,"Moldy Misperceptions and Plummeting Property Values" was published in Probate and Property, a publication of the Real Property, Probate and Trust Law Section of the American Bar Association (Jan./Feb. 2004, Vol. 18, No.1, at pp. 33-36). Rick and Raymund C. King wrote the article.
December 2003: The Hospitality & Lodging Practice Group successfully negotiated a franchise license agreement for an all-suites hotel. Richard Barrett-Cuetara represented the Firm's client in the hotel transaction.
On November 24, 2003, the Fort Worth Star-Telegram published "Too Many Rooms at the Inn: With Little New Construction, Hotel Chains Turn to Acquisitions for Growth." The article featured an interview with Rick, along with other hotel industry experts, on the status of the hotel industry, the lack of new hotel construction, the sale of non-core hotel assets, and the decision of owners to renovate hotels.
On November 7, 2003, the Dallas Business Journal published "Accommodating Relations -- Successful Hotel Investing Requires Cooperation Between Investors, Brand Owners, and Management" in its Commercial Real Estate Section. The article featured an interview with Rick on hotel franchise relationships
November 2003: The Hospitality & Lodging Practice Group reached a favorable settlement in two complex hotel franchise cases filed in the United States District Court, District of New Jersey. Rick and Mike Northrup represented the Firm's clients in the hospitality dispute
September 2003: Sim Israeloff, Richard Barrett-Cuetara and Raymund King obtained a favorable settlement and payment for damage suffered by a hospitality industry client in a complex commercial case involving a hotel with toxic mold. Rick is a member of the Firm's Hospitality & Lodging Practice Group. Raymund is a member of the Firm's Toxic Mold Litigation Team.
On May 16, 2003, Rick spoke on hospitality & lodging issues at a special presentation to Ernst & Young, L.L.P.'s Real Estate Advisory Services Group (Dallas Office)
In March 2003, Rick was unanimously selected to serve on the Hospitality Industry Liaison Subcommittee of the American Bar Association's Hotels, Resorts, & Tourism Committee.

Education:

B.S. Degree, San Diego State University, Cum Laude, With Distinction, 1977
J.D. Degree, California Western School of Law, 1981
LL.M. Degree, Taxation, University of Miami (Fla.), Cum Laude, 1992

Admissions:

State Bar of Texas, 1983
United States District Court for the Northern District of Texas, 1984
United States Tax Court, 19907
United States Court of Appeals for the Seventh Circuit, 1993

Memberships & Affiliations:

State Bar of Texas
Dallas Bar Association (Business and Franchise & Distribution Law Sections)
American Bar Association (Litigation/Tax/Franchise and Real Property Probate & Trust Sections)
Hospitality Industry Liaison Subcommittee, American Bar Association's Hotels, Resorts & Tourism Committee
Cuban-American National Foundation
Hispanic National Bar Association
Southern Methodist University Real Estate Society
Rotary Club of Park Cities (Dallas)
Recipient of P.A.D.'s International Best Chapter Award, 1981
Tax Research Assistant to Director of LL.M. Taxation Program, University of Miami, 1991-1992.

Representative Matters:

Serves as Litigation Counsel to several commercial real estate developers, real estate management companies, retail leasing companies, and owners of commercial assets.

Part of team that closed a $60,000,000 acquisition of four mid-tiered hotels located in Texas. Assisted in handling the purchase and sale agreements, land use and ancillary rights, review of title commitments and surveys, and closing of the transaction with the client's equity partner and lender.

Obtained unanimous jury verdict against Dallas Central Appraisal District reversing DCAD's denial of an ad valorem tax exemption filed by a non-profit charitable organization.

Resolved complex $27 million partnership dispute involving the control, management, and transfer of ownership interests in six hotels branded by three international hotel companies.

Represented co-owner of multi-million dollar business in successfully pursuing claims against partner of business for breach of fiduciary duties, breach of contract, mismanagement, and derivative claims resulting in client obtaining 100% ownership of the corporation and its assets.

Obtained dismissal of lawsuit against retail leasing company based on allegation that real estate agents failed to monitor parking ratios in retail shopping center, thereby damaging owner due to acquisition of adjacent land to provide additional parking for retail center.

Facilitated pre-suit mediation of retail lease matter. Landlord alleged tenant (the firm's client) was liable for early termination of class "A" retail lease in second year of seven year lease and sought reimbursement of delinquent rent and tenant improvement allowance. Landlord and Tenant agreed to pre-suit mediation to resolve dispute. Corporate tenant and guarantor released of approximately $700,000 in alleged liability under retail lease and guaranty. The landlord did not receive any compensation.

Removed five sub-contractor liens, in excess of $150,000, filed against multi-million dollar residential property so owner could obtain new funding to complete construction of residence.

News:

10-07-2008: Rick Barrett Presents Lodging Track at Hospitality Law Conference, Houston, TX
09-29-2008: Rick Barrett presents CLE: The Hotel Industry -- Franchise and Hotel Management Agreements
09-08-2008: Cowles & Thompson to Sponsor Real Estate Symposium on Sept. 18, 2008
02-12-2008: Barrett to Speak at Hospitality Law Conference
01-03-2008: Barrett Interviewed on Real Estate Fraud
09-24-2007: Cowles & Thompson to Sponsor Real Estate Symposium
06-01-2007: Good Results for Our Clients -- Resolution of $27 Million Partnership Dispute
05-31-2007: Barrett Interviewed in National Legal Publication
04-11-2007: Good Results for Our Clients
04-10-2007: Good Results for Our Clients -- Removal of Liens
04-09-2007: C&T Lawyers Finalize $60 Million Hotel Acquisition
02-08-2007: Rick Barrett Speaks at Hospitality Law Conference
10-31-2006: C&T Attorney to Speak on Fraudulent Financing
08-30-2006: Cowles & Thompson Sponsors Real Estate Conference
08-28-2006: Barrett Speaks at Catering Symposium
03-08-2006: Barrett to Speak at Hospitality Conference
01-30-2006: Barrett Article on HospitalityLawyer.com
12-05-2005: C&T Lawyer Speaks on Mold Issues
11-12-2005: Good Results for Our Clients
09-10-2005: Good Results for Our Clients
07-13-2005: Good Results for Our Clients
06-23-2005: Barrett Named Rotary Officer
06-23-2005: Good Results for Our Clients
06-22-2005: C&T Co-Sponsors Real Estate Symposium
06-01-2005: Good Results for Our Clients
05-18-2005: Good Results for Our Clients
04-23-2005: Good Results for Our Clients
03-10-2005: Barrett to Address Hotel Technology Conference
02-05-2005: Barrett-Cuetara Contributes to Upcoming Hospitality Book
02-04-2005: Cowles & Thompson Attorney To Speak at Hospitality Conference
11-12-2004: Barrett to Speak at Lender Conference
06-24-2004: Good Results for Our Clients
06-23-2004: Barrett-Cuetara Speaks at Hospitality Conference
06-19-2004: Cowles & Thompson Presents Mold and Commercial Real Estate Seminar
06-07-2004: Barrett Speaks at Business Seminar
06-07-2004: Barrett-Cuetara on Hotel Industry Website
04-23-2004: Barrett-Cuetara Article Published in Hospitality Law
03-26-2004: Barrett-Cuetara Article in Dallas Business Journal
03-10-2004: Cowles & Thompson Co-Sponsors Lodging Conference
01-22-2004: Barrett-Cuetara Speaks at Hospitality Law Conference
01-02-2004: Barrett-Cuetara Article in Fort Worth Business Press
12-01-2003: Good Results for Our Clients
11-24-2003: Barrett-Cuetara Interviewed in Star-Telegram
11-07-2003: Interview with Richard Barrett-Cuetara
11-01-2003: Good Results for Our Clients
11-01-2003: Mold Article Published in Lodging Hospitality Magazine
10-16-2003: Richard Barrett-Cuetara Speaks at Lodging Conference
09-01-2003: Good Results for Our Clients

Publications:

10-20-2008: Arbitration, the Panacea for Justice in the Hospitality Industry or Nightmare on Elm Street?
05-18-2005: The Franchisor/Franchisee Relationship
11-23-2004: Commercial Values Impacted by Moldy Misperceptions
10-15-2004: HOTs - Friend or Foe to Convention Center Hotels?
08-01-2004: An Examination of the Hotel Industry and Multi-Branded Francisors
08-01-2004: The Complications of the Franchise Relationship
07-28-2004: In Defense of the Franchisor
03-26-2004: The Franchise Relationship is Complicated
03-15-2004: Asset Manager: Gatekeeper or Bean Counter?
02-01-2004: Moldy Misperceptions and Plummeting Property Values
11-24-2003: Too Many Rooms at the Inn: With Little New Construction, Hotel Chains Turn to Acquisitions for Growth
11-02-2003: Mold Growth Threatens Property Values
09-03-2003: Dilemma of a Convention Hotel: 'Special Interests' v. 'Civic Pride'
08-01-2003: Avoiding Tortious Interference Lawsuits
01-01-2003: How to Avoid the Nightmare of Litigation

Richard Barrett-CuetaraShareholder

Education:

Admissions:

Memberships & Affiliations:

Richard Barrett-Cuetara
Shareholder