The downslide of the economy has hit many industries hard in recent years, including the franchise industry.  According to IFA (International Franchise Association), the steady growth that the franchise industry saw in 2012 will continue in 2013, although at a slightly slower pace.  As experienced franchise law attorneys, we understand that the economy is still not what most would consider stable; while many people believe the U.S. is back on a strong track, others argue that we are still in a recession, and that it is far from over.  So what does 2013 hold for franchise owners?  Entrepreneur Magazine describers the outlook as “cautiously optimistic.”

According to an article at the IFA’s website, the franchise industry is still a bit shaky because of uncertainly over public policy decisions, however it is expected that 162,000 new jobs will be added in 2013.  There are specific industry sectors that are expected to experience better success than others this year, including fast-food restaurant franchises, real estate, and residential/commercial service franchises.  The franchises which may see slower growth this year according to Entrepreneur include food retail and automotive franchises.

Even though the franchise industry as a whole is not forecast to do as well this year as in 2012, a survey conducted last November by the IFA found that in general, most franchisors were optimistic about the possibility for expansion in 2013.  Only a small portion of franchisors (8.4%) expected to see a decline in units this year, while 81.3% indicated at the time of the survey they planned to increase units.  Two areas of concern for franchisees are taxes and credit access, as many reported that they would be forced to cut jobs due to requirements under the Affordable Care Act.

The news in the franchise industry is both bad and good, however it appears that growth in the industry is on a far better pace than that of other private sectors.

Individuals who are interested in franchising or who are considering getting into the business should first consult with a skilled Los Angeles franchise law attorney.  At the Law Offices of Spotora & Associates, our lawyers are capable and knowledgeable in every area of franchising including review of agreements and restrictions, lease and business plans, financing/development, business incorporation, joint ventures, licensing, and more.  We offer both creative and practical solutions, helping entrepreneurs meet challenges with successful results.

As Beverly Hills business attorneys, we realize how pleasant it would be if business agreements could be entered into without disputes cropping up – but that just isn’t how it happens in the real world.  In the “ideal” situation, both parties would be satisfied with the outcome and thereby benefit from the agreement, but this is simply not always the case.  There are many reasons a contract is not successfully carried out, including delays, unforeseen circumstances and financial issues.

What does ‘breach of contract’ actually mean?

When two or more parties enter into an agreement, there are specific obligations which are expected to be met by those parties (individuals or companies).  However, when one or more of those parties fail to meet the express obligations, it is known as a ‘breach’ in legal terms.  There are many actions (or even inactions) that can be considered a breach, depending on the terms of the agreement.  A breach may occur when one of the parties does not perform according to the agreement’s terms, does not perform within the time guideline outlined in the contract, or simply fails to perform at all.

When a contract is breached, or allegations made that an agreement has been breached, either party or both may desire to enforce the terms of the contract or agreement, or recover financial compensation for losses which were a result of the alleged breach.  This may be approached in a variety of ways from a legal standpoint including litigation, through mediation, binding arbitration, or other alternative methods of dispute resolution.

Examples of remedies or “relief” for breach of contract under the law

There are several remedies which may be awarded to one party by the other to settle a dispute over a contract that has been breached, including specific performance, damages, or cancellation of the contract or agreement and restitution.

Specific performance – when damages are not an option, the party who did not breach the contract may seek specific performance which simply means that the party breaching the contract may be ordered by the court to perform a specific duty so that the non-breaching individual or party essentially ends up in the position they were initially intended.  This is usually only a remedy when the terms contained in the contract are unique or rare.

Damages – damages may be compensatory, punitive, nominal or liquidated, and are the most common remedy sought when a contract is breached.  Essentially, the party who breached the contract will make payment in some form to the non-breaching party.

Cancellation and restitution – the contract or agreement may be cancelled by the non-breaching party; this party may then take action and file a lawsuit for restitution provided the party who breached the contract has been given a benefit by the non-breaching party.  Cancellation essentially relieves both parties of all obligation, and voids the contract; restitution allows the non-breaching party to reclaim the benefit given to the breaching party, putting the non-breaching party back in the position it was in before the breach occurred.

For further explanation of breach of contract and legal options, contact the Beverly Hills business attorneys at the Law Offices of Spotora & Associates.

The job of a Los Angeles entertainment lawyer is not to rub shoulders with celebrities, an opinion that seems to be shared by many.  It may seem like a career that is glamorous and comes with many perks, and sometimes that is true – but most of the time it isn’t.  In actuality, an attorney who practices in the many areas of entertainment has a demanding career and one that requires extensive knowledge and skill in legal areas including litigation, labor and contract laws, intellectual property and more.

A Los Angeles entertainment attorney works with individuals in television, music, film, theater, and other areas of entertainment in various capacities; sometimes it means ensuring contracts are properly drawn up or helping a new and upcoming recording artist with financial decisions, or filing a lawsuit over a film that has been pirated.

Whether it involves reviewing contracts to ensure they are fair to his client, drafting new contracts, drawing up film, management, or licensing agreements or litigation over copyrights or trademark infringement, many lawyers who provide legal guidance and support in the entertainment industry focus on various specialties, including:

Digital – Copyright issues, image/music use agreements, employee contracts, talent agreements and more.

Music – Some of the legal issues involved in the music industry include drawing up contracts with agents, record labels, concert producers and managers.  Copyright issues and royalty agreements are other areas of focus in music.

Film – In the film specialty, a Los Angeles entertainment attorney may focus on merchandising and product placements, arranging financial backing, negotiating labor contracts with employees and union crews, or liability issues regarding production, among other things.

Radio and television – As with other specialties in the entertainment industry, there are always contract and agreement issues to be addressed in TV and radio, including network agreements, regulatory issues, licensing for broadcasting, and production studio agreements.

Other specialties an attorney may focus on include theater and publishing.  Some lawyers who work in the industry give their attention to transaction-based law, which focuses more on negotiating contracts and agreements for entertainers, while other attorneys specialize in litigation law, which simply means resolving disputes over contracts, copyright agreements, trademark infringement or other issues through mediation, arbitration or a lawsuit.

As you can see, attorneys who provide legal guidance and support in the entertainment industry have far more to do than “rub shoulders” with their clients.

If you are in need of a skilled and capable Los Angeles entertainment attorney, count on the team at the Law Offices of Spotora & Associates.  Our senior level attorneys offer an individual, dedicated approach that is a rarity in legal counsel today.

Individuals are not the only ones affected when the economy has been in a slump for years;

small businesses and corporations are affected as well.  Is bankruptcy your only option?  As Los Angeles corporate attorneys, we realize that regardless of how good a service or product may be, there are many external factors that affect whether ultimately a business or corporation succeeds or fails; the economy is definitely one of those factors.

Should your file chapter 11 or chapter 7 bankruptcy?  An experienced and knowledgeable lawyer can analyze your situation and work to determine all of the possible options.  There are many situations in which a corporation may be able to survive bankruptcy, whether the failure was caused primarily due to poor business management and/or decisions, or cash flow issues which can be attributed to declines in revenue, something very common in down economic times.

Regardless of the cause, a Los Angeles business bankruptcy lawyer can help.  However, it is critical that you choose the right attorney for the best possible resolution.  Here are a few questions you should ask before making your final decision:

• Ÿ  How long has the firm and/or its partners practiced bankruptcy law?
• Ÿ  Are the attorneys well respected by their peers?
• Ÿ  How many corporate bankruptcies has the firm handled, and what were the results?
• Ÿ  Are the lawyers with the firm (or at least some of them) Board Certified Specialists in Bankruptcy Law?

Do a bit of research on the lawyer or firm you are considering, and set up a consultation.  You can often get a good feel for the competency of an attorney by simply discussing your situation, and analyzing the response you get to your questions.  A consultation also gives you an opportunity to see how well the ‘fit’ is between you and your attorney, and if you feel comfortable.

When it comes to business matters, financial issues and restructuring debt are some of the most complex problems you may encounter.  Regardless of how complicated your situation may be, our Los Angeles corporate lawyers possess the experience and required knowledge to resolve it.  Contact the Law Offices of Spotora & Associates today for unsurpassed legal guidance and support.