Profile
Practicing at Taylor English provides our team with unparalleled freedom and flexibility to deliver the highest level of service, expertise and value to our clients, most of whom regard us first as their business partners and second as their attorneys.
Anthony T. Polvino chairs the Leisure and Hospitality Department and is a recognized leader in the shared vacation ownership and resort development industry. Mr. Polvino has more than 25 years’ experience providing business and legal counsel to hotel and resort developers, lenders, marketing, sales and management companies. Mr. Polvino serves as the primary outside counsel for a number of major resort hospitality companies, as well as serving as the de facto general counsel for more than a dozen small-to-midsize entrepreneurial companies operating in the travel and vacation arena. Mr. Polvino is a trustee of the American Resort Development Association, an accredited member of the Academy of Hospitality Industry Attorneys, and a frequent lecturer at hospitality industry conferences.
Mr. Polvino represents and advises clients in negotiating business/project acquisitions and sales as well as joint venture arrangements; structuring, creating, and documenting all varieties of vacation products and programs; satisfying state registration and disclosure requirements; developing legally compliant marketing and sales programs; and structuring and documenting complex financing facilities, including acquisition, development, construction and consumer receivables. He also represents clients in marketing trade practice cases and governmental investigations in the areas of direct marketing and sales, including telemarketing and “do not call” compliance.
In addition to his hospitality practice, Mr. Polvino also practices in the area of film entertainment law, in which he represents independent film production companies. This practice area includes assisting clients in the acquisition of rights, private placement securities financing, and negotiating talent, union/guild and film distribution contracts.
Memberships
State Bar of Georgia, Member
District of Columbia Bar, Member
New York State Bar Association, Member
American Resort Development Association (ARDA), Board Member, Trustee
Academy of Hospitality Industry Attorneys, Accredited Member
State Bar of Georgia, Entertainment & Sports Section
New York State Bar Association, Entertainment, Arts and Sports Law Section
Practice Highlights
Experience
Performed all due diligence and assisted as to acquisition of resort operator, Intrawest Resorts by Fortress Investments for more than $2 billion.
Originated all legal work and required registrations for the Bluegreen Vacation Club in 1994 and have continuously represented that Club in its success the last 22 years through present.
Served as lead counsel in the creation, structuring, negotiation and documenting of more than two dozen “capital light” and “fee for service” timeshare acquisition, sale, marketing, development, management, and financing transactions involving projects located in Arizona, California, Colorado, Florida, Georgia, Illinois, Massachusetts, Missouri, Tennessee, Maine, New Hampshire, New York, N. Carolina, South Carolina, Tennessee, Virginia ...
Acted as lead counsel for an international resort hospitality company in connection with the structuring and creation of a multi-faceted strategic alliance with Choice Hotels International, Inc., which included components of brand licensing, affinity marketing, loyalty program integration, and hotel franchising.
Acted as lead counsel for an international resort hospitality company in connection with the restructure and extension of a marketing and development joint venture with Bass Pro Shops and Big Cedar Lodge.
Served as lead counsel in structuring, negotiating and documenting the acquisition of the Hotel Blake – Chicago and its subsequent phased conversion to the first timeshare condominium in Chicago, while simultaneously maintaining its existing hotel operation.
Served as lead counsel in structuring, negotiating and documenting a vacation club marketing and license agreement involving the Sheraton Bijao Beach Resort located in the Republic of Panama.
Served as lead counsel in structuring, negotiating and documenting the acquisition of 84 Main Street, Kennebunk, Maine – and its subsequent conversion to a mixed use timeshare condominium.
Assisted clients in structuring, creating, documenting, and registering dozens of single site and multi-site timeshare vacation clubs with resorts located throughout the U.S. and the Caribbean.
Served as lead counsel to both borrowers and lenders in dozens of timeshare and travel club financing transactions, including acquisition, development, construction, and receivable financing facilities (hypothecation, sale, securitization, and private placements) involving projects located throughout the U.S., Aruba and the Bahamas.
Assists clients in the licensing and registration of all varieties of shared ownership and vacation products with applicable federal and state agencies, including timeshare, vacation, travel and destination clubs, condominium, seller of travel, telemarketing, and timeshare exchange programs.
Drafts consumer purchase and financing documents for sale and financing of vacation products, including related disclosure documents, escrow agreements, and security instruments.
Counsels clients in the creation and execution of effective and compliant marketing, promotional, sweepstakes, and incentive products and programs for marketers and sellers of vacation products, as well as consumer goods and services.
Acted as lead counsel in structuring, creating and documenting the first travel club purchase escrow arrangements as a means to enhance and ensure the protection of consumers and legitimate businesses.
Serves on the State Legislative Committee for the American Resort Development Association (ARDA) and participates in the monitoring and drafting of legislation affecting the resort development and vacation industry.
Advises clients on achieving compliance with federal and state telemarketing laws and do not call (DNC), including under the federal Telephone Consumer Protection Act (TCPA) and the FTC Telemarketing Sales Rule.
Served as lead (pre-litigation) counsel in dozens of civil marketing/sales trade practice investigations and cases brought by various state Attorneys General throughout the U.S.
Served as lead advisory (non-litigation) counsel in numerous private consumer trade practice actions-including class actions-throughout the U.S., often involving auto-dialer and do-not call (DNC) allegations under the TCPA.
Represented clients in civil investigations, subpoenas and lawsuits by the United Department of Justice and State Attorneys General Offices of Michigan, Illinois, Pennsylvania, Florida, Utah, Alaska, Kansas, Georgia, Wisconsin, Ohio, Indiana and Minnesota regarding alleged general deceptive trade practice.
Reviewed and advised clients on marketing materials, prize promotion materials, and sweepstakes for various jurisdictions.
Represented clients to resolve complaint issues, volume, and pattern with various United States Attorneys General.
Represented clients to address and resolve issues and improve ratings with various Better Business Bureaus, including obtaining favorable settlement that required the BBB to reinstate a client’s A+ rating and correct inaccuracies in their business summary.
Represented clients in investigations or in obtaining an opinion or ruling from state or local taxing authorities regarding the application of sales and use tax to various products and services.
Represented clients in state by state registration of the multi-site timeshare plans, including state registration work for telemarketing and seller of travel purposes.
Represented clients in the acquisition, formation and development of residential and resort property, including condominium, timeshare and country club developments.
Represented a bank resort lender in connection with the structuring, negotiation and documentation of the conversion of a construction loan to a vacation ownership receivables hypothecation loan.
Newsroom
Speaking Engagements
- April 10, 2019
- Moderated a panel presentation on the expanding project development trend utilizing “capital-light” and fee-based services arrangements, ARDA WorldApril 12-16, 2015
- Participated in a panel presentation on issues and considerations pertaining to the use of rental and resale programs as a conduit to product up-sales, ARDA Convention and Exposition2011
- Moderated a panel presentation on issues and considerations pertaining to nontimeshare travel/vacation clubs, ARDA Convention and Exposition2011
- Participated in a panel presentation on the structure and operation of fractional and private residence clubs, ARDA Convention and Exposition2010
- Led a presentation on structured workouts on distressed hotels, condominiums and resorts utilizing fee-based services arrangements, AHIA Annual Conference2010
- Participated in a panel presentation of "Ask the Attorneys" in which attendees submitted legal questions from the floor to panelists, ARDA Convention and Exposition2009
- Led a panel presentation on the keys to properly structuring reservation use plans in luxury fractional projects, ARDA Convention and Exposition2008
- "Timeshare Legal Basics," ARDA Convention and Exposition2007
- Led a presentation on securities considerations relating to rental & resale arrangements in extended occupancy programs, AHIA Annual Conference2007
- Participated in a panel presentation on national lead generation, marketing and sales campaigns utilizing telemarketing, e-mail, Internet and direct mail, ARDA Convention and Exposition2006
- Moderated a panel presentation on the fundamentals of timeshare project and receivable financing, including acquisition, development, construction and hypothecation financing, ARDA Convention and Exposition2005
- Led a presentation on considerations relating to the full or partial conversion of resort hotels to shared vacation ownership, Hunter Hotel Investment Conference2005
Publications
- "Travel Clubs: Considerations for an increasingly valuable vacation product," Developments Magazine
- "Fractional Ownership/Club Programs: Securities Considerations Relating to Owner Rental and Resale Opportunities," Developments Magazine
Headlines
- June 3, 2017
- June 3, 2017
- May 31, 2017
- December 13, 2013
- October 14, 2013
- April 23, 2013
News Releases
- Ten Attorneys Also Recognized as Leaders in Their FieldsMay 30, 2017
- December 1, 2014
Services
- Corporate and Business
- Government and Internal Investigations
- Leisure and Hospitality
- Business Law Services
- Complex Credit Facilities and Securitizations
- Formation of Timeshare Resorts and Vacation, Travel and Destination Clubs
- Hotel and Resort Management and Operations
- Marketing, Promotional and Affinity Programs
- Project (Hotel and Resort) Acquisition
- Project (Hotel and Resort) Financing
- Project (Hotel and Resort) Structuring and Development
- Regulatory Compliance and Administrative Law
- Restaurant, Food and Beverage
- Trade Practice/Governmental Investigations
- Lending and Corporate Finance
- Real Estate
- Technology
Education
Emory University School of Law, JD, 1994
Villanova University, BS, Business Administration, Concentrations in Marketing and Finance, 1988
Bar Admissions
Georgia
District of Columbia
New York
Accolades
Chambers USA: Leading Business Lawyers – Leisure & Hospitality, 2017
Martindale-Hubbell AV® Preeminent™ Peer Review Rated
Georgia Trend Legal Elite, Corporate Law, 2014
Georgia Trend Legal Elite, Business Law, 2013