John M. Keeling

John M. Keeling

The Keeling Consultancy, LLC
4400 Post Oak Parkway, Suite 2800
Houston , TX 77021
Mobile: 713-819-3179
Office: 713-871-0221

Introduction

John Keeling the the principal of The Keeling Consultancy, LLC that accepts occasional consulting assignments including arbitration or the formation of an expert opinion on matters involving hotels. Consulting assignments may involve:

- Expert testimony on hotel issues;
- Hotel appraisals;
- Calculation of lost profits;
- Workouts and repositioning of troubled hospitality assets;
- Negotiation of hotel franchise or management agreements;
- Hotel acquisition, site selection and financing;
- Hotel facilities planning;
- Hotel asset management; and,
- Hotel disposition

With over 30 years of hotel development, operations, consulting, appraisal and brokerage experience, Mr. Keeling is a recognized authority on hotel matters and has been quoted in the Wall Street Journal, New York Times, Newsweek, Business Travel News, Hotel Management, and numerous weekly business journals and daily newspapers. He has been inducted into the exclusive Counselors of Real Estate (CRE).

Mr. Keeling is a Certified Public Accountant (CPA), member of the Appraisal Institute (MAI) and a licensed Real Estate Broker. The Keeling Consultancy, LLC is not a CPA firm.


Areas of Expertise

  • Hotel & Hospitality
  • Hotel Appraisal
  • Intangible Assets Appraisal
  • Lost Profits
  • Real Estate Valuation

Expert Background

Q: Please list your professional accreditations, degrees, licenses, and certificates granted:
A: American Institute of Certified Public Accountants
- Certified Public Accountant (CPA)
- Member of the AICPA member section for Forensic and Valuation Services
- The Keeling Consultancy, LLC is not a CPA firm.

Member, The Appraisal Institute
- MAI Designation

Member, The Counselors of Real Estate
- CRE Designation
- Former Chairman of the Houston Chapter of the Counselors of Real Estate

Member, National Association of Realtors
- CRE Affiliate Member

Texas Society of Certified Public Accountants
- Member

Louisiana Real Estate Appraisers Board
- Louisiana Certified General Real Estate Appraiser (G1117)

Texas State Board of Public Accountancy
- Texas Certified Public Accountant (026106)

Texas Appraiser Licensing & Certification Board
- Texas Certified General Real Estate Appraiser (TX-1330308-G)

Texas Real Estate Commission
- Texas Real Estate Broker (0334658)
Q: Please list your affiliations or memberships in any professional and/or industry organizations:
A: Boutique & Lifestyle Lodging Association
- Serves on the Board of Advisors

Forensic Expert Witness Association
- Member

Greater Houston Convention & Visitors Bureau
- Serves on the Executive Committee of the Board of Directors

Hotel & Lodging Association of Greater Houston
- Former Chairman of the Board of Directors
- Serves on the Executive Committee

The Urban Land Institute
- Full Member
- Urban Development & Mixed Use Council - Gold Flight
Q: Please list any teaching or speaking experience you have had, including subject matter:
A: Mr. Keeling has lectured numerous times at the Conrad N. Hilton College of Hotel and Restaurant Management at the University of Houston and lectures on hotel design and serves on the student review panel at the Rice University School of Architecture.

Recent Speaking Engagement Include:
- "Hotels Are Hot (State of the Hotel Industry) - National Association of Real Estate Editors Spring Conference - Jun 2017 Denver, CO
- "Equity" - Boutique Hotel Investment Conference - Jun 2017 New York, NY
- "Strategies for Developing or Redeveloping a Hotel" - Meet the Money - May 2017 Los Angeles, CA
- "Minimizing Costs" - Hotel ROI - Apr 2017 Houston, TX
- "Houston Hospitality Boom" - BisNow - Jan 2017 Houston, TX
- "Real Estate Development Roundtable" - Hotel Management Magazine - Nov 2016 New York, NY
- "From the Ground Up: The Hotel Development Process" - University of Houston Hall of Honor Think Tanks - Oct 2016 Houston, TX
- "Upper Up-Scale, Luxury and Ultra-Luxury Hotels: Creating the WOW Factor" - The Lodging Conference - Jun 2016 Phoenix, AZ
- "Innovation, Ingenuity and Ideology of Today's Boutique Sector Development" - Meet the Money - May 2016 Los Angeles, CA
- "The Hotel Consolidation Wave: What It Means to You?" - Real Estate Investment Advisory Council, Michigan State University - Apr 2016 East Lansing, MI
- "Buy vs. Build" - Hospitality Law Conference - Feb 2016 Houston, TX
- "Luxury & Ultra-Luxury Hotel Development" - The Lodging Conference - Oct 2015 Phoenix, AZ
- "Management for Branded or Independent Hotel Owners" - The Lodging Conference - Oct 2014 Phoenix, AZ
- "Boutique Hotels" - The Hunter Conference" - Oct 2013 Atlanta, GA
- "Lifestyle Boutique Hotel Outlook" - The Lodging Conference - Oct 2013 Phoenix, AZ
- "Hotel Development" - Hospitality Law Conference - Mar 2013 Houston, TX
- "Boutique & Lifestyle Hotels" - The Lodging Conference - Oct 2012 Phoenix, AZ
- "Negotiating a Management Contract" - The Lodging Conference - Oct 2011 Phoenix, AZ
Q: Have any of your accreditations ever been investigated, suspended or removed? (if yes, explain)
A: No
Q: On how many occasions have you been retained as an expert?
A: Over a 35-year career, well over 50.
Q: For what area(s) of expertise have you been retained as an expert?
A: Ad Valorem Taxes
- separating business enterprise value from real property value
Arbitration
- calculation of damages suffered by owner due to failure of operator to
operate the hotel profitably
- alleged damages incurred by investors because of a "non-competitive"
management agreement and inadequate marketing efforts in the sale of
the hotel
- contractor's failure to complete a hotel on time
Appraisal Review
- reviewed appraisals of two internationally known appraisers, each of
whom represented opposing sides in a lost profits case
- review appraisals prepared in a syndicated hotel portfolio
- testified on adherence to professional standard in a case alleging
malpractice in the conduct of a hotel market study
Bankruptcy & Foreclosure
- represented counsel for the lender in critiquing debtor's plan of
reorganization
- represented counsel for the debtor in evaluating the plan of reorganization
- testified as to the achievability of a plan of reorganization
Business Interruption Claims
- lost profits calculations following Hurricane Katrina in New Orleans
- lost profits calculation following a hotel fire
Condemnation
- quantified impact of loss of parking in a partial condemnation proceeding
- valued a site for an owner being condemned by a convention authority
- valued a site for counsel representing a convention authority in a
condemnation case
- determined the impact of construction of a freeway interchange in a partial
taking of a hotel site
Economic Impact
- estimated impact on the local economy and the collection of hotel
occupancy taxes from the proposed conversion of an iconic building into
a convention hotel
- estimate the impact on the New Orleans hotel industry from the
construction of Harrah's hotel adjacent to their existing casino
Lease Valuation
- valued a ground lease in a dispute between landlord and lessee
Lost Profits
- lost profits due to interference in the development of a hotel
- lost profits on two hotels as a result of the British Petroleum oil spill
- lost profits from a land owner's failure to go forward on leasing his site for
hotel development
- refutation of expert's damage calculations attributed to the construction of
an adjacent hotel
- lost profits resulting from FEWAs cancellation of a contract following
Hurricane Katrina
- lost profits resulting from misrepresentation by a mortgage brokerage firm
and their law firm
- lost revenues resulting from the failure of the contracted reservations
service to adequately program the reservations for two hotels
- lost profits from a contractor's failure to complete a hotel on time
Management Contracts
- case involving a claim against a hotel syndicator that he should have
assumed some management responsibilities
- alleged non-competitive management agreement
- determination as to whether a hotel was being maintained and operated in
a "first class" manner
Q: In what percentage of your cases were you retained by the plaintiff?
A: approx 30%
Q: In what percentage of your cases were you retained by the defendant?
A: approx 70%
Q: On how many occasions have you had your deposition taken?
A: 30+
Q: When was the last time you had your deposition taken?
A: 2016
Q: On how many occasions have you been qualified by a court to give expert testimony?
A: 25+
Q: On how many occasions have you testified as an expert in court or before an arbitrator?
A: 25+
Q: For how many years have you worked with the legal industry as an expert?
A: 35+
Q: What is your hourly rate to consult with an attorney?
A: $450
Q: What is your hourly rate to review documents?
A: $450
Q: What is your hourly rate to provide deposition testimony?
A: $450
Q: What is your hourly rate to provide testimony at trial?
A: $450
Q: Please list any fees other than those stated above (E.g.: travel expenses, copy fees, etc.)
A: Out of pocket expenses are billed at cost and are in addition to professional fees.

References

American Liberty Hospitality
Beal Service Corporation
Bickel & Brewer
Camara & Sibley
Deckelbaum Ofens & Fischer
Edgar Law Firm
Elkins, P.C.
The Erlich Law Firm
Farrell & Patel
Fowler Rodriguez
Fraser Stryker
Fulbright Jaworski
Greenberg Traurig
Hartel & Kenny, PC
Helmes & Greene
Holland & Knight, LLP
Hughes, Watters & Askanase, LLP
Mayer Brown
McGlinchey Stafford Land, PLLC
Miller Cassidy Laqrroca & Lewin
Law Office of C. Gary Mitchell
Moseley and Associates
Mosier McEnrue
Law Offices of Charles A. Master, Pc
Popp Hutcheson, PLLC
Pugh, Boudreau & Shelton
Preaus, Roddy & Krebs
Reed Smith
Sheet Serpe & Ware
Sheinfeld Maley Kay
Sher Garner
Smith & Fawer, LLP
Todd Barron
Warren Baker
Weil Gotshal & Manges