Los Angeles – In the New Year, there are many benefits to opening or acquiring a subsidiary company. With the economy in the doldrums, it is possible to obtain control of another company with less investment than it would be to consolidate or merge. A parent company must only have a controlling interest in the new company.

Parent companies, also known as holding companies, and their subsidiaries are deemed separate legal entities, so the parent company’s assets are not exposed to creditors’ claims that could come against the subsidiary. Each subsidiary has its own management team and is responsible to the holding company for its own profits and losses. Underperforming subsidiaries can be sold off without tarnishing the parent company’s assets and credit ratings.

“Today’s marketplace is not easy to thrive in, so having a lawyer when starting a business or acquiring a new one can mean the difference in your bottom line,” said Anthony Spotora, Los Angeles business lawyer. “We go over specialized tax structuring advantages, how to limit personal liability and what documents are necessary to keep your company in good standing.”

The parent-subsidiary structure allows for decentralized management and fees. Their corporate identities can be very distinct, yet the holding company can benefit from positive recognition and at the same time offer specialized staff that can benefit the subsidiaries.

When it comes to taxes, a consolidated tax return can be done when the parent company owns at least 80 percent of the voting stock in the subsidiary. Losses from one subsidiary can be used to offset profits on another side of the business to decrease taxable income on the tax return.

The Law Offices of Spotora & Associates work with individual clients as well as corporate clientele that range from closely held corporations to Fortune 500 standouts. Anthony Spotora, Managing Attorney, counsels on the establishment and structuring of various legal enterprises, advising clients on business operations as well as legal and tax issues involved.

To learn more, visit https://www.spotoralaw.com/.

All eyes will be on Barbie versus the Bratz dolls when Mattel v MGA begins a new, three-to-four month federal courtroom battle in Santa Ana, Calif.

Mattel alleges that some of their employees were hired by MGA and encouraged to download Mattel documents before leaving their position to go to the competitor. Mattel also claims that several of their employees who were wooed by MGA helped start MGA’s Mexico division using safeguarded Mattel information and expertise.

Protecting a business’ trade secrets is essential no matter how big or small the company may be. Successful companies have proprietary techniques and information that oftentimes their competitors do not have. Trade secrets include business and marketing plans, pricing and customer lists, and research and development. Every business should have a plan to protect their trade secrets from theft or inappropriate disclosure, otherwise a business can compromise its long-term success and profits.

Business lawyers can help create confidentiality and non-disclosure agreements for employees, and any individual, investor or vendor that might deal with a business’ proprietary information should be required to sign them. It is also crucial to have rules for limiting access to proprietary information and documents. Make sure only those employees who must receive certain information have access to it, and secure these documents in locked file cabinets and/or password-protected online files, and mark them as confidential. Limiting photocopying and shredding documents after use can also help. And for visitors to a corporate headquarters, restrict their ability to bring in video cameras and recording devices, even if it means restricting them bringing in cell phones that have all these recording capabilities.

Businesses should also be wary when an employee quits his or her job. Supervision during an employee departures can ensure they are not removing proprietary info, and all passwords should be changed so they cannot log in at a later date to access high-level documents.

A good business attorney will create very specific nondisclosure agreements, ensure inventions and products stay the ownership of the company and protect the rights of the company without infringing on the rights of the employee. Businesses that are proactive will help prevent trade secrets from falling into the competitor’s hands.

Anthony Spotora is a Los Angeles entertainment lawyer and Los Angeles business attorney. To learn more, visit Spotoralaw.com.

Los Angeles – The LA based law firm, Spotora & Associates, P.C., long acclaimed as a “Unique Legal Boutique” and which curated The Virtual Lawyer, an innovative program and business model that methodically blends high-level legal services with technological advancements, has been sparking the interest of not only other attorneys and law firms, but attention has been further raised with top insurance heads.  Why?

When asked, Anthony Spotora, Managing Attorney to the firm shared, “[T]here is an overwhelming and common price gap in the legal industry between junior and senior counsel; so much so, many who are in need of legal help are begrudgingly left to accept the former, anxiously aware that they may get what they pay for.  Virtual Lawyer changed that, and more, and I guess we are doing something right. I have been repeatedly asked the same questions about our firm’s operations. First, from other attorneys; that seemed reasonable enough. However, when the heads of insurance brokerages also independently asked how we were accomplishing some of our objectives, I figured we might really be onto something.”  Spotora told us that he later learned that some of the inquiring attorneys attempted to replicate the firm’s business model.

In the end, the result of the firm’s inventive business model helps potential new clients get more affordable access to expert legal advice.  And while some of the firm’s operational methods remain confidential, the firm seems to believe the primary ideologies behind The Virtual Lawyer are simply based on an emergence of the inevitable “new-age” of law.

The firm’s services and operations notably get them regarded as a cutting-edge law firm and clients undoubtedly appreciate how the firm’s forward-thinking and subsequent implementation of available technologies provide them with both a financial and a service-quality advantage.

Spotora & Associates counsels on business, corporate, entertainment, and intellectual property laws. They also are broadly experienced in labor and employment laws, real estate matters, family law, and estate planning. From Fortune 500 companies to individuals, the firm is known for their dedication, innovation, and results-driven passion for the practice of law.

To learn more, visit https://www.spotoralaw.com/.

Trademarks are essential because they serve to identify the source of a particular service or goods.

But sometimes, there can be confusion – or the potential for confusion – in the marketplace. Trademark law is set up in part to prevent such occurrences from happening and many applications for trademarks are rejected each year if The United States Patent and Trademark Office believes that a proposed mark may infringe upon the rights of an existing mark or pending application.

What tests do courts use to determine a “likelihood of confusion”?

“The tests used are based on the Circuit Court involved and whether the trademark is Internet-based or otherwise,” said Anthony Spotora, a Los Angeles-based business and intellectual property lawyer. “Some of the most widely recognized tests, however, are the Du Pont Factors and the Sleekcraft Factors. These refer to specific court case rulings.”

What follows is a list of factors that courts may consider, though some factors may be given more weight than others. Also, trademark infringement issues are considered on a case-by-case basis. Trademarks don’t have to be exactly similar either – just confusingly similar.

Heading Off Problems Before They Occur

“A trademark is a sign or indicator that can include one or more of the following: a logo, a word or phrase and images,” Spotora said. How does one avoid potential trademark infringement problems when selecting a mark?

Common factors in testing for likelihood of confusion:

-Similarity of the two marks

-Whether or not the goods and services offered by the two parties are related or similar

-The strength of the marks

-Proof of actual confusion

-What channels each party markets their respective goods or services

-How customers are likely to purchase the goods or services

-Intent in selecting the mark

-Whether there might be expansion into other markets and how that might impact each party

If one is seeking to apply for a federally protected trademark and/or service mark and is unsure if his or her mark might infringe upon the rights of a registrant or common law rights holder, it would be wise to order a comprehensive trademark search report through an intellectual property lawyer and let him or her review the findings and advise on such.

An ounce of prevention is worth a pound of cure!

To learn more, visit https://www.spotoralaw.com/.

It may have been tweaked a thousand times. Labored over for several years. And had heart and soul poured into it.

Every screenplay writer’s dream is to have his or her screenplay sold and end up on the silver screen. Getting Hollywood to bite and then knowing how to legally protect one’s creation are two important considerations.

Protecting the Intellectual Property

It is important to copyright the finished screenplay. While it is unlikely an agent or studio would steal from a script and risk litigation, the possibility does exist. A little bit of extra effort can prevent this unfortunate event from occurring.

There are two popular methods for copyrighting screenplays. One is to go through the Library of Congress. Legally, it is necessary to register a work in order to be successful in court.

The other option is to go through the Writers Guild. The Writers Guild is a writer’s union, though it is not necessary to be a member to have a script copyrighted. It is worth noting that this route can be relatively useless if the party ever winds up in litigation. Only a federally registered copyright with the U.S. Copyright Office will gain admission into federal court.

Selling The Script

Sometimes screenwriters use agents to sell or option their scripts, and sometimes they do not. Either way, here are the two kinds of common deals.

Sales: This is when a script is purchased outright by the producer. Sometimes there is a flat-fee provided upfront and other times an additional amount of money is offered if and when the film is actually completed. There are even some experienced screenwriters who can negotiate for residuals from such revenues as those generated from DVD sales.

Option: This is when the script is essentially rented for a certain time period. The producer retains the exclusive rights to the story and can then either relinquish the rights to the script or purchase it outright.

Negotiations

The compensation received for optioning or selling a script can vary greatly, depending on how well-known the script writer is, the quality of the story and how good of a negotiator the writer’s team is.

If an agent is used, there may be an entertainment attorney who can look over the legal issues in the contract. If no agent is used, it is best to hire an entertainment lawyer who can make sure one’s best interests are being looked after in the deal.

While selling a script can be a thrilling experience, it is important to make sure that one receives the most beneficial terms possible.

Anthony Spotora is a Los Angeles entertainment lawyer and Los Angeles business attorney. To learn more, visit Spotoralaw.com.

Both talent managers and talent agents try to find work for their clients, but each has a different manner of going about things.

For example, talent managers often work with a much smaller group of clients – often a couple dozen or less – when compared with talent agencies, which can have hundreds of clients. Agents primarily deal with casting directors to place actors in particular jobs. But talent managers also have relationships with producers and directors and others in the industry.

Talent managers, in short, help guide careers and can provide more personal attention and typically have a greater network at their disposal. Naturally, they also usually charge more.

For starters, agents are licensed by the state they work in and most commonly earn their money by negotiating deals for their clients. Typically, they also enter into a client agreement which is, in pertinent part, regulated by industry labor unions such as, the Screen Actors Guild (SAG), the Writers Guild of America (WGA) and, the Directors Guild of America (DGA). Through these regulated agreements, the commissions that agents charge their clients are legally bound to a prescribed percentage. Furthermore, it should be noted that agents may not serve as a producer on their clients’ projects.

On the other hand, managers are not commission-regulated, do not need a license to “manage” and, can charge their clients 15 percent or more. . . and often do.

The length of a contract with a talent manager can vary. Managers only get paid via commission, but a really good manager will actually cover various costs for his/her client due to their belief in their success and the manager’s ability to make things happen. It is also important to also choose someone who will actually take the time to help his or her client.

An actor with little or no experience may be willing to just sign up with any manager, but it is important to take a detailed look at the contract that is being offered. More than likely it will be a “standard” contract, but there is always an opportunity to seek adjustments.

Consider Before Signing

It is prudent to research a talent manager before signing a contract. Ask for references. Research court records to see if they have been involved in any lawsuits. And ask around the industry.

Before signing, it is also wise to have an entertainment attorney review the document. The money spent on the review could be well worth the cost of future problems.

Anthony Spotora is a Los Angeles entertainment lawyer and Los Angeles business attorney. To learn more, visit Spotoralaw.com.