Martin H. OrlickPartner
Marty Orlick's practice, encompassing more than 30 years, focuses primarily on real estate transactions and real estate litigation, including hospitality, financial institution, shopping center, retail and commercial leasing, acquisitions and sales, lease administration for developers and tenants, portfolio management, regulation of real property use and development, eminent domain litigation and counseling, and abstracting lease portfolios. He is experienced in counseling and defending clients with respect to Americans with Disabilities Act claims in State and Federal court and defending Department of Justice investigations and complaints, including negotiating Voluntary Compliance Agreements. His ADA practice includes counseling businesses on the full spectrum of ADA compliance including the development of policy and procedure manuals and website accessibility issues. Marty has represented the nation's largest financial institutions in corporate real estate, litigation, class actions, and ADA cases. He has also represented trust clients of Wells Fargo Bank, N.A., Bank of America and Bank of the West. He is a member of the Global Hospitality Group®.
Marty's practice includes chain-wide roll-outs for regional and national tenants, operations counseling, land use regulation and permitting, code compliance, lease termination negotiations, contract and lease administration, and public relations issues.
Marty is involved in all aspects of real estate transactions and litigation including trials, arbitrations and alternative dispute resolution.
Additionally, he prosecutes and defends a variety of Federal and State actions, including consumer class actions, commercial transactions, unfair competition and business practice claims, construction disputes and design professional liability cases.
- Represents Target Corporation in real estate transactions, land use and environmental matters.
- Litigation counsel for Jo-Ann Stores, Inc.
- Represented the former PepsiCo Real Estate, Inc.'s (now YUM! Brands, Inc.) casual dining division, including Taco Bell Corp., Pizza Hut, Inc. and KFC in real estate transactions, litigation, operational issues, land use regulation and eminent domain matters
- Litigation counsel for 24 Hour Fitness USA, Inc.
- National real estate roll-out representation for The Gap, Inc., Office Depot, Score Learning Centers (a division of the Washington Post) and other retailers
- Acquisition of manufacturing and distribution facilities for Frito-Lay, Inc.
- Represents retailers, shopping center developers, financial institutions, hotels, restaurants, performing arts theaters, wineries and other business property owners in ADA litigation and counseling
- Litigation counsel for Wells Fargo Bank's Corporate Real Estate Group
- Represented Bank of America's Corporate Real Estate Group in litigation and transactions
- Represented California State Automobile Association Inter Insurance Bureau in the sale and lease back of its corporate headquarters in the largest real estate transaction in San Francisco in 2008
- Represents national and regional hotels in Department of Justice and state agency Americans with Disabilities Act ("ADA") investigations
- Represents national and regional restaurant systems in ADA and lease litigation
J.D., University of San Francisco School of Law, 1978
M.A., San Francisco State University, 1975
B.A., Temple University, 1970
American College of Real Estate Lawyers
Real Property and Insurance Law Sections, State Bar of California
Litigation, Real Estate and Insurance Sections, American Bar Association
Advanced Commercial Leasing Institute, Georgetown University Law Center
Member, Advisory Board of Directors
International Council of Shopping Centers
Member and Lecturer
International Association of Attorneys and Executives in Corporate Real Estate
American Bar Association
Awards & Recognition
- Intern to the Honorable Ira A. Brown, San Francisco Superior Court and extern to the Ninth Circuit Court of Appeal, San Francisco
- Martindale-Hubbell Peer Review, AV Rating
- Listed, San Francisco Magazine, Northern California Super Lawyer, 2004-2011
- Listed, Corporate Counsel Super Lawyer, May 2010
ADA Representation Bio
Marty Orlick’s practice, encompassing more than 30 years, focuses primarily on real estate transactions and real estate litigation, including financial institution, shopping center, retail and commercial litigation, leasing, acquisitions and sales, lease administration for developers and tenants, ADA counseling and litigation, portfolio management, regulation of real property use and development, and eminent domain litigation and counseling. He is involved in all aspects of real estate transactions and litigation including state and federal trials, arbitrations and alternative dispute resolution.
Marty's ADA practice includes the representation of hotel owners, restaurants, shopping center developers, wineries, retail and financial institution clients in ADA lawsuits, portfolio audits and counseling. He has defended more than 450 ADA lawsuits and is a frequent author and speaker on ADA issues.
- Financial Institution Clients: Bank of America N.A., N.T. & S.A., JPMorgan Chase, N.A., Wells Fargo Bank, N.A., Bank of the West, Union Bank, City National Corporation, East West Bancorp, Far East National Bank, Fremont Bancorporation, The Mechanics Bank, Pacific Union Bank, Union Bank, Wachovia Bank, N.A., and Washington Mutual, Inc.
- Hospitality Clients: Homestead Studio Suites, Kimpton Hotels and Restaurant Group LLC, Joie de Vivre Hospitality, Motel 6 Operating Partnership, Best Western, Ramada, Vagabond Inn, and ExtendedStay America Hotels; Landry’s Restaurants, Inc. (Rainforest Café), Darden Restaurants (Red Lobster, Olive Garden), Vicorp Restaurants, Inc. (Bakers Square), Strategic Restaurants Acquisition Corp. (largest Burger King franchisee), Harman Enterprises (largest KFC franchisee), Campbell Soup Company
- Retail Clients: Godiva Chocolatier, Limited Too, Inc., Victoria's Secret, Office Depot, Chelsea Property Group, Save-Mart Supermarkets, Best Buy, Adidas America, Inc., Reebok International, Inc., Ecko Direct, LLC, Brown Shoe Company, Inc., Midas International Corporation
- Other Clients: Pacific Gas & Electric Co., City and County of San Francisco, YMCA, and California State Automobile Association
- Advise clients in Department of Justice Investigations including negotiating voluntary compliance Agreements and Consent Decrees.
- Has performed system-wide ADA audits for JPMorgan Chase, N.A., City National Corporation, and ExtendedStay America Hotels.
- Represented the City and County of San Francisco's Union Square in ADA litigation.
- Advised on “cyber-accessibility” for Pacific Gas & Electric Co., Wells Fargo Bank, N.A., JPMorgan Chase, N.A., regarding issues that cover ATM and website accessibility for visual and hearing-impaired customers.
- Advised ExtendedStay America Hotels regarding its on-line reservation system for visual and hearing impaired customers and potential customers.
Reported ADA Decisions
- White v. GMRI, Inc. dba Red Lobster (2006 U.S. Dist. LEXIS 2059. Apr. 12, 2006.) __ F.Supp.2d. __
- White v. Save Mart Supermarkets (E. D. Cal. Oct. 20, 2005. No. 03-2402) __
- Sanford v. GMRI, Inc. (E. D. Cal. Nov. 22, 2005. No. 04-1535) __ F.Supp.2d. __
- Doran v. Corte Madera Inn Best Western (N. D. Cal. Mar. 7, 2005. No. C 03-1192-SI) 360 F.Supp.2d 1057
Hollynn D’Lil v. Best Western Encina Lodge & Suites, et al (415 F. Supp. 2d 1048 , 2006)
- Paulick v. Ritz-Carlton Hotel Co., LLC, Slip Copy, 2011 WL 6141015, N.D.Cal., December 09, 2011 (NO. C 10-04107 CRB, C 10-01115 CRB)
- Oliver v. GMRI, Inc., Not reported in F.Supp.2d, 2007 WL 4144995, S.D.Cal., November 19, 2007 (NO. 07CV1719-IEGWMC)
- Hotel Online: ADA Alert: Attention all Owners and Operators of hotels, restaurants, timeshares and other places of 'public accommodation'
- Hotel Online: Service animal policies for your hotel or other place of 'public accommodation'
- Hotel Online: A case study in how not to handle an ADA defense?
- Movie, Concert, and Performing Arts Theaters Beware of Possible ADA Lawsuit: Should theaters provide personal hearing devices for the Deaf and Hard of Hearing?
- Hotel Online: Department of Justice (DOJ) ADA enforcement "sweeps" hit the West Coast. What you need to know now
- Hotel Online: Mass-produced ADA litigation: Plaintiff and his lawyer sanctioned. The end to sue-and-settle 'drive bys'?
- District Court Rules that Longer Benches in Accessible Dressing Rooms are ADA-Compliant
- Hotel Online: Hotels and the ADA: How far do the responsibilities of hotel owners and managers extend to their disabled guests? March 29, 2010
- Hotel Online: Hotel Lawyers and the ADA: Is the DOJ's ADA Compliance Survey Coming to Your City Soon? What to do when you receive the DOJ's ADA Compliance Review questionnaire, December 15, 2009
- Hotel Online: ADA Hotel Lawyers: California opens door to more ADA litigation, but also offers protection to the well-informed, October 2, 2009
- California Supreme Court Decision Could Lead to Increased ADA Litigation, June 2009
- Hotel Online: Hotel & Timeshare Lawyer: Does the timeshare exit strategy or repositioning your property create ADA problems? April 10, 2009
- JMBM Tax Newsletter: Equal Public Access or Access to Deep Pockets? ADA Lawsuits Continue to Proliferate, Spring 2009
- JMBM ADA Update, U.S. Sues Five Manhattan Hotels for Violations of the Americans with Disabilities Act, February 2009
- JMBM ADA Update, Changes To ADA Guidelines "On Hold" Pending A Regulatory Review By The Obama Administration, February 2009
- JMBM Focus: ADA "Sweeps" by U.S. Department of Justice -- Coming to a theater district or hotel near you soon? January 1, 2009
- JMBM Focus: Is your hotel ready for an ADA Class Action because visually impaired do not have accessibility? January 6, 2010
- JMBM Alert: United States Supreme Court Refuses to Entertain Appeal by Frivolous, Vexatious Litigant in Federal Courts, November 20, 2008
- Commercial Property Management Insider: Don't Let Your Client's Web Site Become Target of ADA Lawsuit, June 2007
- JMBM Alert: Is Your Hotel’s Online Reservation System a Golden Marketing Opportunity or an ADA Lawsuit Waiting to Happen? March 28, 2007
- Ehotelier.com, How Hotel Swimming Pools May Spawn ADA Lawsuits and What to Do About It, May 2007
- Hotel Online, Landmark ADA Decision Could Provide Relief for California Hotels (Gunther v. Lin), October 2006
- Global Hospitality Advisor, ADA Cases Can Be Won - JMBM Helps Hotel Owner Beat the Shakedown, March 2006
- Hotel Business, Condo Hotels and the ADA: A Case of Mistaken Identity? February 2006
- Hotel and Motel Management, extensive interview for Possible ADA Rule Changes Spur Worry, October 17, 2005
- Hotel Online, ADA Update: Courts Deal Blow Plaintiff’s Lawyers, October 2005
- Hotel Online, Who’s Crying “Woof”? Adopting Pet and Service Animal Policies to Avoid Lawsuits from Disabled Hotel Guests, September 2004
- Ground Support Magazine, extensive interview for Airport Accessibility Issues, June/July 2005
- Hotel/Casino/Resort Security, ADA Lawsuit Alert: The Internet Surf-by, a New Twist on the ADA Drive-by Lawsuit, November 2004
- Global Hospitality Advisor, Prepare NOW for an ADA Attack, October 2003
- American Banker, extensive interview for Disability Statutes Cause Legal Fits, Retrofits, July 2, 2002
ADA Media Mentions
- 11/28/11 Daily Journal: Legislation Aims to Help Businesses Avoid ADA Suits
- 11/16/11 Lawyers USA: Businesses Brace for New ADA Accommodation Rules
- 11/18/10 Travel Weekly: Hilton Disabilities Settlement Seen as Template for Hotel Res Systems
- 04/10/09 Daily Journal: A Champion of the Disabled or Overly Litigious?
- 06/01/08 AAHOA Lodging Business: ADA and Hotel Pools
- 10/17/05 Hotel & Motel Management: Possible ADA Rule Changes Spur Worry
- California Bankers Association's 44th Annual Bank Counsel Seminar: Old and New Frontiers of the Americans with Disabilities Act of 1990 (“ADA”): ADA Compliance for Financial Institutions
- How new developments in the ADA impact financial institutions
- KQED Forum with Michael Krasny: Americans With Disabilities Act Turns 20
- Mendocino Hotel and Lodging Association Meeting: ADA Compliance - what you need to know to be in compliance and protect your small business from potential lawsuits, May 2010
- Academy of Hospitality Industry Attorneys: The ADA and Department of Justice Hotel Sweep . . . Coming To a City Near You, April 2009
- Great Western Franchisee Association, Annual Meeting, Recent Developments in the ADA, October 2008
- State Bar of California, Annual Meeting, ADA Update: Litigation and the Proposed Revised Americans with Disabilities Act Guidelines (ADAAG), Spring 2006
- California Hotel & Lodging Association, ADA Litigation and the Hotel and Lodging Industry, 2004
- American Asian Hotels Owners Association, How to Avoid ADA Litigation Impacting the Hotel and Lodging Industry, December 2002
- California Bankers Association, California Bank Counsel Conference, The Anatomy of ADA Access Claims and Cyber Accessibility, April 2002
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