Joshua M. Bowman
Partner, Hospitality Chair
Pronouns: he, him, his
Joshua M. Bowman is a partner in the firm’s Real Estate and Corporate departments and is chair of the firm’s Hospitality Practice Group.
Described by his clients as “a skilled and tenacious attorney with a collegial demeanor” who provides “a practical approach with deal-focused creativity,” Josh brings decades of experience counseling clients in connection with real estate acquisitions and sales, debt and equity financing (including real estate fund formation, mezzanine financing, and private placements), management agreements, franchise agreements, 1031 transactions (including TIC Agreements), leasing, joint venture agreements, permits and licensing, construction and design agreements, and a variety of other legal matters.
He has counseled owners of residential apartments and condominiums, shopping centers and retail assets, office parks, manufactured housing community parks, mill buildings, and industrial properties. However, as the Chair of the firm’s Hospitality Practice Group, Josh is widely known for his expertise representing hoteliers and restaurateurs around the country.
Josh has been invited to join several organizations, including the Academy of Hospitality Industry Attorneys and the International Society of Hospitality Consultants. Since 2017, he has been on the faculty of the Boston University School of Hospitality (SHA), where he has taught the courses “Hospitality Law” and “The Fundamentals of a Hotel Real Estate Deal”. The latter is a business oriented course that Josh co-created and co-teaches with the Chief Investment Officer of a large hotel company that he has represented.
Through the years, he has served on several non-profit boards, including as a Trustee of the Massachusetts Continuing Legal Education (MCLE), as a Trustee of the Chunilal Initiative (a nonprofit that organizes neurosurgery mission trips in under-served, impoverished, and marginalized communities around the world), and as a Member of SHA’s Real Estate Advisory Board. Earlier in his career, Josh was active with the International Council of Shopping Centers (ICSC), serving on the Government Relations Committee and the ICSC NextGen Boston Steering Committee.
When not working, Josh is an avid biker, skier, guitar player, traveler, and poker player. Recently, he traveled to the Galapagos Islands, where Josh and his daughters went SCUBA diving with hammerhead sharks. Since 2013, he has been a regular rider in the Pan-Mass Challenge, a two-day bicycle ride that raises money for cancer research and treatment.
“Josh has proven to be a partner to our business rather than a vendor of our business. Timely and fully-responsive answers to questions, a basket of strategies for every problem drawing from technical expertise under a business-practical umbrella, and an invoice that does not shock the conscience are elements that coalesce to cement our lawyer-client relationship. His thoughtful and professional approach to the company’s transactions/files is tempered by a refreshing irreverence about himself that stretches the relationship beyond merely lawyer-client.”
Experience
- Represented a purchaser in the acquisition of 20 hotels in New England and 4 hotels in New York City
- Represented a purchaser of a 6 hotel portfolio
- Represented a developer in the ground-up development and construction of 6 hotels in New England and 4 hotels in New York City
- Represented various ground lessees / operators in connection with ground leased hospitality projects
- Represented one of the largest third party management companies in North America in connection with third party management agreements
- Represented borrowers and lenders in connection with various hospitality related debt financing
- Represented borrowers in debt workouts totaling over $100mm of debt
- Represented various investors in joint venture arrangements, often with large institutional investors
- Represented franchisees of Marriott, Hilton, Starwood, IHG, Choice and Best Western flagged hotels
- Represented the purchaser of a 460,000 s.f. office portfolio
- Represented various restaurateurs with leasing and licensing issues
- Represented hotel owner / operator in private placement and debt refinance
- Represented hotel franchisee in franchise negotiations with major franchisor
Accolades
Speaking Engagements & Publications
- “Hotel Acquisition Due Diligence: Seller’s Representations and Warranties, Indemnification, Timing,” panelist, Strafford Publications, October 10, 2024
- “The Corporate Transparency Act (CTA) and state analogues,” co-author, New England Real Estate Journal (NEREJ), June 21, 2024
- “Massachusetts Shelter Hotels,” author, New England Real Estate Journal (NEREJ), September 22, 2023
- “Machinations of Bringing a Casino to New Markets,” moderator, Academy of Hospitality Industry Attorneys (AHIA) Spring 2023 Meeting, April 21, 2023
- “Student Exchange: The Many Paths to Hospitality Law,” panelist, Academy of Hospitality Industry Attorneys (AHIA) Spring 2023 Meeting, April 20, 2023
- “Commercial Leases and Frustration of Purpose, Impossibility Defenses: Strategies for Landlords and Tenants,” panelist, Strafford Publications, April 28, 2022
- “Franchisee terminations of hotel franchise agreements,” co-author, New England Real Estate Journal (NEREJ), March 18, 2022
- “Hotel Acquisition Due Diligence: Seller’s Representations and Warranties, Indemnification, Timing,” panelist, Stafford Publications, March 8, 2022
- “Force Majeure Clauses,” panelist, MCLE 21st Annual Business Litigation Conference, January 26, 2022
- “Rent Payments and COVID-19: What Businesses Need to Know,” panelist, Massachusetts Lawyers Weekly webinar, April 20, 2021
- “Commercial Leases and Frustration of Purpose, Impossibility Defenses: Strategies for Landlords and Tenants,” panelist, Strafford Publications, April 15, 2021
- “Unsatisfied PPP Loans may pose challenges to hotel transactions,” co-author, New England Real Estate Journal (NEREJ), March 23, 2021
- “Distressed Hotel Loans: Current Trends, Drafting Tips, and What’s Next,” panelist, Boston Bar Association, March 11, 2021
- “Boston/New England Lodging Update: Silver Linings,” panelist, Boston University’s School of Hospitality Administration and Pinnacle Advisory Group, December 4, 2020
- “Paycheck Protection Program Flexibility Act – Needed changes to CARES Act,” co-author, New England Real Estate Journal (NEREJ), June 19, 2020
- “Legal Issues: Hotel closures, negotiating agreements, business interruption insurance, and the CARES Act relief status,” panelist, New England Lodging Conference, May 11, 2020
- “The State of the Real Estate Industry,” panelist, The Warren Group, May 7, 2020
- “Counseling the Hospitality Industry through the COVID Crisis: The 60-Minute Lawyer,” faculty member, MCLE, April 29, 2020
- “What Hotel Owners and Operators Need to Know About the CARES Act,” co-author, LODGING Magazine, April 6, 2020
- “New Massachusetts Business Interruption Insurance Bill Could Provide Lifeline to Hotels and Restaurants During the Coronavirus Pandemic,” author, Boston University’s School of Hospitality Administration’s Boston Hospitality Review, March 27, 2020
- “Force majeure: What owners, operators need to know,” author, HOTELS Magazine, March 21, 2020
- “Performance Termination Clauses in Hotel Management Agreements,” author, New England Real Estate Journal, June 20, 2019
- “Personal Branding & Business Development for Law Firm Associates,” faculty member, MCLE, October 10, 2018
- “Should a hotel operator be an ‘agent’ of the hotel owner? Why this question matters,” author, New England Real Estate Journal, August 17, 2018
- “Drive-by litigation in the hotel industry—An unintended result of the ADA,” author, New England Real Estate Journal, December 15, 2017
- “What does the future hold for Airbnb? The times they are a changin’,” author, New England Real Estate Journal, December 2016
- “Franchising,” panel moderator, New England Real Estate Journal’s Hotel and Hospitality Summit, September 2016
- “Hotel Hot Streak,” panelist, NAIOP, January 2016
- “Hotel Crowdfunding Grows Up,” Boston Hospitality Review, September 2015
- “What is an HMA SNDA to every hotel owner, operator and lender anyway?,” author, New England Real Estate Journal, September 2015
- “Crowdfunding vs. Private Equity – A Sea of Change for Equity Raises?” moderator, HELP Conference, April 2015
- “Who should ‘own’ the hotel employees: No easy answers to that question,” author, New England Real Estate Journal, December 2014
- “Legal Touchpoints: Contract Confusion Clarified,” keynote speaker, New England Chapter of Meeting Professionals International (MPI), October 2014
- “Hiring third party management companies for your hotel: Proceed with caution,” New England Real Estate Journal, January 2014
- “Hotel Equity and Lender Perspective Conference,” moderator, May 2013
- “The EB-5 Program: What will the future bring for hotel owners?,” New England Real Estate Journal, April 2013
- “State of the Seaport District by Bisnow,” moderator, March 2013
- “Delaware v. Massachusetts LLCs and Corporations,” instructor, MCLE, September 2012
- “Liquidated damages clauses in hotel franchise agreements,” New England Real Estate Journal, July 2012
- “Dealing with the 2010 ADA Standards for Accessible Design, Part 2,” New England Real Estate Journal, May 2012
- “Hotel Equity and Lender Perspective Conference,” moderator, May 2012
- “International travel and the hospitality industry – Change needs to start,” New England Real Estate Journal, January 2012
- “Boston Hotel Investment Summit by Bisnow,” moderator, December 2011
- “Liquor license transfers in the context of hotel purchases and sales,” New England Real Estate Journal, June 2011
Related Blog Posts
- U.S. Airlines and Hotels to Receive Long-Awaited Relief as Part of New $900 Billion Aid Package, December 21, 2020
- Paycheck Protection Program Flexibility Act – Needed Changes to CARES Act, June 22, 2020
- SBA Regulatory Update: Paycheck Protection Program Flexibility Act of 2020, June 12, 2020
- Paycheck Protection Program Flexibility Act of 2020 – Changes To The CARES Act, June 4, 2020
- Electronic Hearing for the Massachusetts Business Interruption Insurance Act Scheduled for May 21, 2020, May 19, 2020
- Brief Update on the Paycheck Protection Program (“PPP”), May 7, 2020
- What the Hospitality Industry Should Know About New Regulations and Guidance for the CARES Act, May 6, 2020
Memberships
Certifications
- Urban Land Institute (ULI) Certificate in Commercial Real Estate Pro Forma Fundamentals
Community Involvement
- Columbia University Irving Medical Center’s Laugh to Remember Comedy Show
- Benefit Committee Member
- Boston University School of Hospitality
- Hospitality Real Estate Advisory Board
- New England Real Estate Journal
- Hotel Industry Advisory Board
- Pan Mass Challenge
- Rider – Since 2012
- Volunteer Lawyer’s Project
- Hebrew Senior Life
- Lifetime Member
- The Chunilal Initiative
- Board of Directors