Richard Barrett-Cuetara has more than 25 years of experience dealing with complex commercial real estate transactions and sophisticated real estate disputes, with a special emphasis on the hospitality industry. Mr. Barrett-Cuetara has represented hotel owners, hotel operators, franchisees, franchisors, real estate developers, real estate investors, retail brokerage companies, mortgage brokerage companies and property management firms in complex disputes in Texas and throughout the U.S. He has prosecuted and defended them against a variety of claims involving the acquisition of hotels, price gouging, the constitutionality of a hotel ordinance, franchise and complex partner and office/retail lease disputes, among others. Mr. Barrett-Cuetara's commercial real estate transactional experience includes matters involving hotel, office, apartment, retail and industrial buildings, loan underwriting, appraisal, franchise, license and asset management agreements, office and retail leases, tenant finish letters, and related instruments, joint-venture and partnership agreements, contracts of sale, loan agreements and guarantor agreements and closings.
Mr. Barrett-Cuetara is admitted to practice before the United States Tax Court, the U.S. Court of Appeals for the Seventh Circuit, the U.S. District Court for the Northern District of Texas and the United States Bankruptcy Court, Northern District of Texas. He is licensed in Texas, having graduated with a Master of Laws degree in Taxation from the University of Miami and a law degree from California Western School of Law.
In 2012, Mr. Barrett-Cuetara was invited to become a member of the Academy of Hospitality Industry Attorneys. AHIA was formed by attorneys from across the United States who represent clients engaged in the hotel, restaurant, hospitality, travel, meeting, convention, tourism and related industries. AHIA’s membership consists of attorneys who have demonstrated experience, competence and recognition in handling legal matters for clients in the Hospitality Industry or as serving as in-house counsel to companies within the Hospitality Industry. Mr. Barrett-Cuetara is also the Founding Director and Member of the Hospitality Industry Bar Association. Previously, he worked as a financial analyst, commercial appraiser (M.A.I. Education), loan underwriter and asset manager in the Real Estate Investment Division of MetLife in Dallas, Texas.
Hospitality Litigation Experience
Special Litigation Counsel, Adversary Proceeding, U.S. Bankruptcy Court
Commercial Mortgage Backed Securities (CMBS) litigation against REIT, Master and Special Servicers, and third-party consultants
Price-gouging defense against lawsuit filed by Attorney General, State of Texas
Extended-stay hotel brand lawsuit against municipality, challenging constitutionality of hotel ordinance, actions by hotel inspectors, city manager and law enforcement personnel
Franchise disputes relating to termination rights, conversion/renovation policies, encroachment/impact statements, and misuse of franchise fees
Complex partnership disputes relating to division of hotel assets and liabilities and breach of fiduciary duty, mismanagement, conversion, disgorgement, negligence, fraud and civil RICO claims
Lender liability litigation relating to unlawful acceleration of debt, alleging debt service coverage ratio (DSCR) was breached, loan work-out and pre-bankruptcy strategy
Serves as Litigation Counsel to hotel companies, commercial real estate developers, real estate management companies, retail leasing companies and owners of commercial assets
Real Estate and Complex Commercial Litigation Experience
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 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
Office and retail lease disputes involving CAM charges, audits, and standard defaults under leases
Complex partnership disputes relating to division of assets and liabilities, mismanagement, conversion, breach of fiduciary duties, theft and fraud
Cases of Note
December 2010: Rick Barrett-Cuetara settled a $22 million commercial mortgage-backed securities (CMBS) loan dispute. Mr. Barrett was retained as Special Litigation Counsel to represent a hotel client in an Adversary Proceeding in the U.S. Bankruptcy Court for the Northern District of Texas. The client owned an upscale, full-service luxury hotel branded with a world-wide leader in the hotel industry. The client exercised its right under the loan agreement to “re-brand” the hotel. However, the Master Servicer and Special Servicer of the CMBS loan allegedly failed to grant borrower’s unfettered right to “re-brand” the hotel in a timely manner. The hotel client sued the CMBS lender, Master Servicer, and Special Servicer. Borrower asserted damage claim of diminution in value to the hotel. CMBS lender waived default interest, attorneys’ fees and other monetary claims. Borrower re-negotiated interest rate, maturity date and other issues favorable to borrower.
February 2010: Rick Barrett-Cuetara successfully represented a hotel client in obtaining a new trial relating to code citations issued by a local municipality. The basis for the new trial was the hotel fully complied with the citation violations and procedural and evidentiary irregularities existed during the trial that resulted in the imposition of fine amounts far in excess of the amounts proper under the actual facts of each such cause.
January 2010: Rick Barrett-Cuetara's client, one of 45 subcontractors in a luxury condominium development, was sued by the general contractor in an arbitration proceeding. Mr. Barrett was retained only 3 ½ months before the start of the arbitration hearing. Through its “fast-track” review and analysis of hundreds of thousands of pages of documents produced by the condominium developer/owner, the general contractor, and others found and collected previously undiscovered documentary evidence showing that – after the arbitration process started – but before the client was sued or could make any inspections – the developer/owner and/or the general contractor had removed, destroyed, or replaced the work done by the client, thereby depriving the client of any ability to mount a factual defense to the claims. Consequently, the client filed and aggressively prosecuted motions for summary judgment and motions for sanctions (death penalty) against the developer/owner and the general contractor for their spoliation of critically important evidence. The “spoliation of evidence” strategy resulted in the client’s very nominal contribution to the multi-million dollar settlement of this complex construction defect case.
November 2009: Rick Barrett-Cuetara settled a complex “price-gouging” lawsuit filed by the OFFICE OF THE ATTORNEY GENERAL, CONSUMER PROTECTION & PUBLIC HEALTH DIVISION, on behalf of the STATE OF TEXAS. The STATE OF TEXAS alleged the hotel client engaged in price-gouging by demanding and charging Hurricane Ike evacuees excessive prices for lodging after TEXAS GOVERNOR RICK PERRY declared a state of disaster from Hurricane Ike. The STATE OF TEXAS further alleged the hotel charged and collected state and local hotel/motel taxes from Hurricane Ike evacuees in violation of the waiver issued by TEXAS GOVERNOR RICK PERRY. The hotel client entered into a Final Judgment and Permanent Injunction.
September 2009: Rick Barrett-Cuetara successfully represented the owner of a hotel in a condemnation proceeding instituted by a local municipality. The client alleged the condemnation hearing was not properly authorized under the TEXAS LOCAL GOVERNMENT CODE, the municipality failed to comply with and breached its own ordinances resulting in the issuance of void citations and inspections, the notices posted on the hotel were illegal and void acts, the hotel was illegally and wrongfully closed down, the notice of condemnation hearing was illegal and void, the condemnation hearing was illegal and void, and the Order issued by the Board at the condemnation hearing was illegal and void. As a result of Mr. Barrett’s efforts, the hotel was not condemned and has reopened for business.
April 2009: Rick Barrett-Cuetara successfully resolved a $2 Million investment fraud case on behalf of his clients. The clients were investors, officers, shareholders and members of the board of directors of the defrauded corporation. The lawsuit alleged the President of the defrauded corporation had misappropriated corporate funds, breached his fiduciary duties, participated in “self-dealing” and conspired with a national banking institution to usurp all ownership rights in the defrauded corporation in a “quid pro quo” arrangement of favorable loans to the President of the defrauded corporation in exchange for alleged bribery payments to the national banking institution. In a favorable settlement, the clients received the return of more than $1.5 million dollars, representing approximately 75% of their initial investment of $2 million dollars. The settlement documents included the Settlement Agreement, Promissory Note, Pledge Agreement utilizing stock in several corporations as security for payment of settlement obligations, corporate resolutions and consents, and Deeds of Trust to secure performance of obligations under the terms of the settlement documents.
March 2009: Rick Barrett-Cuetara tried a jury case and obtained a six figure jury verdict along with an award of attorneys’ fees and costs on behalf of his client. The litigation involved enforcement of two post-separation agreements (Separation, Release and Restructuring Agreement and Contribution and Indemnification Agreement) that related to the division of commercial shopping centers, the transfer of general partner interests, and liability of the managing general partner for committing “Bad Boy Guarantor” acts under the Indemnification Agreement. The Defendant was found liable for not indemnifying and reimbursing the Plaintiff for payment of ad valorem taxes to the lender.
August 2008: Rick Barrett-Cuetara 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.
June 1, 2007: Rick Barrett-Cuetara successfully resolved a $27 million partnership dispute involving the control, management and transfer of ownership interest in six hotels branded by three international hotel companies. The complex dispute among fourteen entities and five individuals resulted in the filing of a State District Court lawsuit in Texas, setting aside two settlement agreements entered into during the pendency of the state court litigation, the filing of a Private Arbitration proceeding and the enforcement of the terms of a third settlement agreement entered into by the parties.
April 1, 2007: Rick Barrett-Cuetara successfully pursued claims against a co-owner in a dry cleaning business for breach of his fiduciary duty, breach of contract, mismanagement, and derivative claims, resulting in the client obtaining 100% ownership of the corporation and its assets, which are valued in excess of $2.4 million.
April 2007: Rick Barrett’s client closed a $60 million acquisition of four mid-tiered hotels located in Texas. The hotels were converted to “select-service” hotels and franchised with an international hotel company. Mr. Barrett-Cuetara handle the purchase sale agreements, land use and ancillary rights, review of title commitments and surveys and closed the transaction with the client’s equity partner and lender.
November 2005: Rick Barrett successfully represented a member of a private golf course located in a luxury residential development in retaining his membership after the club owners attempted to terminate his relationship in retaliation for speaking to club management in his capacity as a member of the golf course advisory committee.
September 2005: Rick Barrett-Cuetara 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. Mr. Barrett 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.
July 13, 2005: Rick Barrett-Cuetara successfully defended against a request for injunctive relief in The United States District Court for New Mexico, on less than 24 hours notice, in a securities litigation case. Defendant in the underlying case tried to restrict transfer of a multi-million share stock certificate that it gave to client in payment for marketing services. Defendant unsuccessfully attempted to use federal court to restrict the transferability of the certificate, resulting in litigation in Texas and New Mexico.
June 2005: Rick Barrett-Cuetara represented several clients protecting their interests from a toxic mold claim from third-party tenants in a multi-tenant 72,000 S.F. industrial building and a 400,000 S.F. Class “A” office building.
Admissions & Certifications
State Bar of Texas (1983) United States Tax Court (1997) U.S. Court of Appeals for the Seventh Circuit (1993) U.S. District Court, Northern District of Texas (1984) U.S. Bankruptcy Court, Northern District of Texas (2010)
Professional Affiliations, Memberships & Other Accomplishments
Shannon Gracey Hospitality Group, Group Head Academy of Hospitality Industry Attorneys (2012) REC, ImPACT Dallas, special fundraising arm of The Real Estate Council’s Political Action Committee (PACs) State Bar of Texas, Texas Minority Counsel Program (TMCP), Steering Committee, 2012 Texas Hotel & Lodging Association (TH&LA) Advisory Panel, Hospitality Law Conference (HLC), Houston, TX HLC Panel member, moderator and host Hospitality Industry Bar Association (HIBA) Lodging Hospitality Magazine, contributing author HospitalityLawyer.com, contributing author GlobalHotelNetwork.com, contributing author Global Alliance of Hospitality Attorneys (GAHA) Republican National Lawyers Association (RNLA) Dallas Hispanic Bar Association (DHBA) SMU Real Estate Society Rotary Club of Park Cities (Dallas)
Honors & Recognitions
Martindale-Hubbell® Rating: AV® Preeminent™ 5.0 out of 5 Profiled in Diversity & the Bar issue, as a “Mover & Shaker” by the Minority Corporate Counsel Association (November/December 2008)
February 1, 2011: Mr. Barrett-Cuetara's article “Super Bowl XLV Hoteliers – Beware of Sporting Women,” was published on GlobalHotelNetwork.com.
Panel Member, Moderator and Host of Legal Seminars on cutting edge hospitality law issues at national hotel conferences, such as the Lodging Conference and Hospitality Law Conference
Oct 31, 2006: Guest speaker at the North Dallas MLS Meeting. Rick's topic was "Fraudulent Financing: Do Not Pass Go - Go to Jail! “
2005: Mr. Barrett-Cuetara's article, “Is the USA Patriot Act the Model Legislation for Foreign Governments to Use in Combating Terrorism?” was published in the second edition of Hospitality Law, a book on managing legal issues in th hospitality industry
August 2003: “Viewpoints,” a nationally syndicated talk show broadcast to over 215 radio stations nationwide. The interview discussed travel taxes and hotel occupancy taxes
May 2000: Mr. Barrett-Cuetara's article “Splitting the Red Roof-Ramada Difference,” was published in Lodging Hospitality Magazine
January 1998: Mr. Barrett’s article “Sons of Thunder to the Rescue? A Ruling in New Jersey May Bring Relief for Victims of Unilateral Terminations of Management Agreements,” was published in Lodging Hospitality Magazine (co-author)
1998: Mr. Barrett-Cuetara's law review article “Avoiding the Expropriation Nightmare – Tax Consequences and Asset Protection Techniques” was published in 52 (3) U. MIAMI L. REV. 701
1997: Mr. Barrett-Cuetara's law review article “Confronting Tax Havens, The Offshore Phenomenon, and Money Laundering” was published in 23 (2) INT’L. TAX. J. 12
Rick grew up in Santa Barbara, California. As a youngster, he played golf, an awful lot of golf. So much, that he qualified to play in the U.S. Junior Amateur Golf Championship, one of thirteen U.S. national golf championships organized by the United States Golf Association. Rick was co-medalist in the Los Angeles Qualifier that sent him to the U.S. Junior Championship in Rockville, Maryland. One of the co-medalists in the Los Angeles Qualifier went on to win the U.S. Open, Byron Nelson Golf Classic and several other professional tournaments. As it turned out, the low-medalist in the U.S. Junior Championship also went on to win back-to-back U.S. Opens, numerous professional tournaments, and served as Captain of the U.S. Ryder Cup Team.
Rick represented the Southern California Junior Golf Association team in the Junior America’s Cup, a three-way international golf tournament played in Mexico City, Mexico, between junior golfers from the Southern Cal. Golf Association, the Canadian Junior Golf Association, and the Mexico Junior Golf Association. Fortunately, the Southern Cal. team won that year’s Junior America’s Cup led by Rick and a future U.S. Open Champion and PGA Hall of Famer. Rick loved golf but too many pull-hooks destroyed his desire to play on the PGA Tour. It wasn’t until law school that he appreciated the unique diversity of his family background.
Demetrio Cuetara, Rick’s grandfather, was born in Havana, Cuba, with family roots from Spain. While growing up in Cuba, Mr. Cuetara became close friends with Gerardo Machado, who became the 5th President of Cuba on May 20, 1925 and left office on August 12, 1933. Demetrio Cuetara was active in the Latin consular circles. He served as Consular General for Peru in Montreal from 1926 to 1930. During World War II, Demetrio Cuetara served as Consul General for Spain. During his retirement years, Demetrio Cuetara taught Spanish at the University of California, Santa Barbara.
Rick’s father, Enrique Jose Eugene Cuetara y Mesa, enlisted in the Royal Canadian Air Force and was assigned to the RAF’s Coastal and Bomber Commands in March of 1941. After World War II, Enrique Cuetara returned to Montreal but then moved to Southern California to escape the harsh winters of England and Canada. He became a naturalized U.S. Citizen and changed his name to Richard Barrett-Cuetara because Spanish surnames were not accepted in the radio and television industries at the time.
Rick’s interest in politics is based in large part on his Grandfather’s consular background in the Latin community and his own Father’s involvement in local and state politics in California. While in law school, Rick attended Ronald Reagan’s last 1980 presidential election campaign stop in Jack Murphy Stadium, San Diego. After Rick moved to Dallas, he was active in the Dallas Young Republican Party and attended the 1984 Republican National Convention that nominated President Ronald Regan to seek a second term as President of the United States. Rick is a member of the Republican National Lawyers Association.
Rick is also active in community affairs. He is on the Board of Directors for the Southwest Jewish Congress, an active member of the Rotary Club of Dallas (Park Cities), and volunteers at the Dallas VA Medical Center, United States Department of Veterans Affairs.
