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This web page chronicles the day-to-day experiences of Cheryl Stewart as she enters into the enchanting, and sometimes strange, world of Hollywood. Currently, she is in law school and, due to some rather unexpected opportunities, has changed her focus from Family Law to Business Law, with an emphasis in Entertainment Law. So, now instead of brokering divorces she is going explore this fascinating town and network to learn the behind-the-scenes business of the business. This is her Alice "Through the Looking-Glass" journey into the weird and wonderful heart of Los Angeles. In other words, yet another blog about showbiz crap that's probably all been said before.
November 6, 2009
Dropping The Ball
I Heart The Internet!!
-fine-
Dropping The Ball
I have totally dropped the ball with this site. I neglected my law school studies while I was focusing on the theatre venture. Unfortunately, due to some new developments, other than law school, the theatre project has been placed on the back burner. I will try to update the site but I don't foresee making any substantial entries until after my final exams end mid-December. Please still feel free to send me emails, I am trying to answer all of them.
September 21, 2009I Heart The Internet!!
The Internet is the most amazing thing ever! Immediate access to news, social network utilities, websites, and blogs - it’s amazing how we have time for it all. Those with ADD have an advantage because otherwise how can you keep up??
A friend of mine made a profound observation about Facebook:
“Do you guys realize that when you put a comment down it will say seconds ago, a minute ago, and so on? You realize it's changing worldwide all at different times? The universe is right here!!!”
It is pretty amazing. The Internet invites people to open up, and in ways they wouldn’t have done so without it. The digital divide is narrowing and the potential availability of information is vast.
I am relying on the Internet as a guide in the task of collecting data. I hired two research assistants to create a database of all theatres in Los Angeles to help me figure out which location would be a good fit for the kind of theatre we will open as well as a good investment for a mixed-use property that will house the theatre. I also want to put together a map of all current theatre locations, but I had no idea how to start that particular task.
So I called my very good friend Sheldon Kamieniecki. He’s the Dean of Social Sciences at UC Santa Cruz (hey, when I have a question I go right to the top). I knew he had experience with software that geography departments use called GIS. I asked him if this software would work with what I wanted to do and, if so, how much does it cost to get a license, etc., etc.
Well. He said that was completely unnecessary. All I needed to do was go to Google Maps and type in a search term and a map of most, if not all, theatre locations would pop up. He was right! And this is the best part - it took two seconds. And it was free! How cool is that?!! He then suggested going to yelp and cityguide to get ratings and reviews of each of the theatres for the database. Shel’s pretty smart. Now I have some direction and resources for my research assistants. We will create a pretty smart database. Someday I will make it available on my blog.
The Internet rules; it’s always there for you. For example, if it’s the middle of the night and you can’t sleep, and no one is signed on your IM – and maybe you are feeling frisky but you don’t want to drunk text a certain someone (or someones. . . ). Don’t fret. No need to call a phone sex hotline. Just buy a domain name from GoDaddy, sign up for their very affordable Site Manager and create a blog about random stuff. Then think of a problem or a question and give GoDaddy a call. They’re there for you 24/7 and the phone call is FREEEEE!
A friend of mine made a profound observation about Facebook:
“Do you guys realize that when you put a comment down it will say seconds ago, a minute ago, and so on? You realize it's changing worldwide all at different times? The universe is right here!!!”
It is pretty amazing. The Internet invites people to open up, and in ways they wouldn’t have done so without it. The digital divide is narrowing and the potential availability of information is vast.
I am relying on the Internet as a guide in the task of collecting data. I hired two research assistants to create a database of all theatres in Los Angeles to help me figure out which location would be a good fit for the kind of theatre we will open as well as a good investment for a mixed-use property that will house the theatre. I also want to put together a map of all current theatre locations, but I had no idea how to start that particular task.
So I called my very good friend Sheldon Kamieniecki. He’s the Dean of Social Sciences at UC Santa Cruz (hey, when I have a question I go right to the top). I knew he had experience with software that geography departments use called GIS. I asked him if this software would work with what I wanted to do and, if so, how much does it cost to get a license, etc., etc.
Well. He said that was completely unnecessary. All I needed to do was go to Google Maps and type in a search term and a map of most, if not all, theatre locations would pop up. He was right! And this is the best part - it took two seconds. And it was free! How cool is that?!! He then suggested going to yelp and cityguide to get ratings and reviews of each of the theatres for the database. Shel’s pretty smart. Now I have some direction and resources for my research assistants. We will create a pretty smart database. Someday I will make it available on my blog.
The Internet rules; it’s always there for you. For example, if it’s the middle of the night and you can’t sleep, and no one is signed on your IM – and maybe you are feeling frisky but you don’t want to drunk text a certain someone (or someones. . . ). Don’t fret. No need to call a phone sex hotline. Just buy a domain name from GoDaddy, sign up for their very affordable Site Manager and create a blog about random stuff. Then think of a problem or a question and give GoDaddy a call. They’re there for you 24/7 and the phone call is FREEEEE!
-fine-
September 16, 2009
What's In A Name?
At this moment, I don’t know what the heck my theatre will be named. *sigh* I really wanted to use my grandfather’s name, Floyd. But I am unsure that his name will work with the branding ideas I want to implement. I guess I will have to honor my grandfather’s name in some other way. Maybe I can name the stage or the green room after him. But I don’t know if I feel that is good enough. Meh.
Now that this opening a theatre idea is becoming a reality, it became clear to me that it would be foolish to use the name Empty Stage without an exclusive license. Stan is understandably uneasy with that idea. So we are trying to come up with a solution to see if we can both have our long-term interests protected. So, just in case we are unable to come to a meeting of the minds, I am still thinking of names separate from the Empty Stage. My lawyers say I need to figure this out fast. No pressure, right? Typical.
When someone does something for the first time without asking for professional assistance, chances are they are on some level going to mess up. I formed an LLC all by myself - and guess what, I got some of it wrong. So I am in the process of reorganizing the LLC structure and will have to file a certificate of name availability with the Secretary of State for a new name. Stupid rules. Okay. The rules aren’t that stupid. I was just trying to make myself feel better by name calling. But the bottom line is no matter what I call the rules, the rules still win. Blah.
Now that this opening a theatre idea is becoming a reality, it became clear to me that it would be foolish to use the name Empty Stage without an exclusive license. Stan is understandably uneasy with that idea. So we are trying to come up with a solution to see if we can both have our long-term interests protected. So, just in case we are unable to come to a meeting of the minds, I am still thinking of names separate from the Empty Stage. My lawyers say I need to figure this out fast. No pressure, right? Typical.
When someone does something for the first time without asking for professional assistance, chances are they are on some level going to mess up. I formed an LLC all by myself - and guess what, I got some of it wrong. So I am in the process of reorganizing the LLC structure and will have to file a certificate of name availability with the Secretary of State for a new name. Stupid rules. Okay. The rules aren’t that stupid. I was just trying to make myself feel better by name calling. But the bottom line is no matter what I call the rules, the rules still win. Blah.
-fine-
September 11, 2009
Another Potential Name For The Theatre
I was brainstorming with a friend of mine and we came up with:
K.C. Floyd's Variety Theatre
The "K" is for Kleone, which is my grandmother's name and the "C" is for Cody, which is my nephew's name. Floyd was my grandfather's name. I think it has a nice ring to it. I sent it to an artist to work on logo ideas. Can't wait to see them! However, if we don't use the "Empty Stage" we lose that name recognition I have to think about that before I give up the name. I don't think it would really matter, especially if the theatre is comfortable and cool and built with the performers in mind, but I am considering that possibility.
-fine-
September 6, 2009
Contingencies Are A Drag
I am developing contingency plans for my theater and bar ventures to accommodate those “what if” scenarios that may arise. While I have been in numerous meetings the last few weeks with various industry professionals, moving further is now on hold until I finish securing the funding for the property.
In order to make the vision of a theater and bar come to fruition I need to acquire an investment property. The idea is to get a mixed-use commercial property that will have tenant income to cover the mortgage. I am putting in a theater and the bar as two tenants. I am not sure if the coffee shop will be a part of the bar or its own separate entity. I also need to make sure that I can get, at a minimum, a beer and wine license for the space before I purchase (duh). It turns out ABC licensing can be tricky.
Ideally, I will be able to purchase a property that has tenants already in place. That way I will not have to immediately cover the entire mortgage out of my own pocket while the space is closed for theater and bar renovations.
Now that things are getting serious I have come to some conclusions I did not consider initially. It turns out the initial budget will have to set aside funds to cover the mortgage payments for the theater and bar build-out. I will also have to set aside money to cover all operating expenses, including employee wages, for the first few months we are open. Additionally, I need to set aside funds to cover the mortgage and all operating expenses to accommodate slow periods. Unfortunately, this realization deducts money I initially set aside to design and build the space. Ugh.
So, now I am considering the possibility of a joint-venture with the bar side or perhaps acquiring additional capital through silent partners. It was suggested that I consider the idea of looking for a chef interested in running a restaurant/bar to build his/her name and use the experience as a stepping stone for the chef to open their own restaurant. Hmmm. Well, while I wouldn’t want to have an extensive menu I am open to the possibility of small plates. So, maybe. . .
Realization: It is one thing to have these grand ideas about a theater - it is another thing to actually operationalize these ideas. My philosophy is to do business 'above-board" because, frankly, I feel that this a good way to help secure the potential longevity of the venture. However, doing things this way can sometimes be daunting and it is definitely time consuming, tedious, and certainly not always a party. However, I am passionate about the idea and I am fully committed to making a theater and bar work. It would be so much fun to be surrounded by creative people and to be able to contribute in some small way to the creative community I love.
Thinking. . .Thinking. . .Thinking. . .
-fine-In order to make the vision of a theater and bar come to fruition I need to acquire an investment property. The idea is to get a mixed-use commercial property that will have tenant income to cover the mortgage. I am putting in a theater and the bar as two tenants. I am not sure if the coffee shop will be a part of the bar or its own separate entity. I also need to make sure that I can get, at a minimum, a beer and wine license for the space before I purchase (duh). It turns out ABC licensing can be tricky.
Ideally, I will be able to purchase a property that has tenants already in place. That way I will not have to immediately cover the entire mortgage out of my own pocket while the space is closed for theater and bar renovations.
Now that things are getting serious I have come to some conclusions I did not consider initially. It turns out the initial budget will have to set aside funds to cover the mortgage payments for the theater and bar build-out. I will also have to set aside money to cover all operating expenses, including employee wages, for the first few months we are open. Additionally, I need to set aside funds to cover the mortgage and all operating expenses to accommodate slow periods. Unfortunately, this realization deducts money I initially set aside to design and build the space. Ugh.
So, now I am considering the possibility of a joint-venture with the bar side or perhaps acquiring additional capital through silent partners. It was suggested that I consider the idea of looking for a chef interested in running a restaurant/bar to build his/her name and use the experience as a stepping stone for the chef to open their own restaurant. Hmmm. Well, while I wouldn’t want to have an extensive menu I am open to the possibility of small plates. So, maybe. . .
Realization: It is one thing to have these grand ideas about a theater - it is another thing to actually operationalize these ideas. My philosophy is to do business 'above-board" because, frankly, I feel that this a good way to help secure the potential longevity of the venture. However, doing things this way can sometimes be daunting and it is definitely time consuming, tedious, and certainly not always a party. However, I am passionate about the idea and I am fully committed to making a theater and bar work. It would be so much fun to be surrounded by creative people and to be able to contribute in some small way to the creative community I love.
Thinking. . .Thinking. . .Thinking. . .
August 28, 2009
If It Were Easy Then Everyone Would Do It
Classes have started again. I am taking tax law, entertainment law, property, criminal procedure and evidence. Tax law and entertainment law are my favorites. Last week, I chatted with my tax law professor about the opening of the Empty Stage Theatre. We got into a debate about forming an LLC vs. a corporation vs. a sole proprietorship. As we were approaching the parking structure he closed the discussion by saying, "I don't understand why you formed an LLC to avoid liability if you are going to have liability insurance. You are automatically losing $800 in annual taxes even if you don't make a profit." I responded with a sigh, a roll of the eyes and said, "okay, I will look into it." He started to walk away, and, with the artistic brevity typical of a phenomenal lawyer, he shouted, "Cheryl, if it were easy then everyone would do it, right?"
He is totally right. And that was absolutely what I needed to hear. The last few weeks I have been scoping theaters, holding meetings and putting together our team of business professionals. As of today, we are officially pretty set. We have retained general counsel, two business/entertainment attorneys, two designers, some graphic artists, a webmaster, a real estate agent, and a broker. I still need to find an accountant and a tax attorney.
I am also excited about the show I am producing with Stan that will take place during the first week in December. The event is essentially a party that is being held to introduce our business peeps with the performers. There will be good food and dancing as well as a fundraising element mixed in. Stan is coordinating the improv and sketch shows. I am coordinating the magic, live music and burlesque. I am also working on a theater booking, taking care of the food and beverage, finding items for our silent auction and putting together the promotional materials. The event is going to be unbelievably fun. We will be selling tickets so stay tuned for more information!
He is totally right. And that was absolutely what I needed to hear. The last few weeks I have been scoping theaters, holding meetings and putting together our team of business professionals. As of today, we are officially pretty set. We have retained general counsel, two business/entertainment attorneys, two designers, some graphic artists, a webmaster, a real estate agent, and a broker. I still need to find an accountant and a tax attorney.
I am also excited about the show I am producing with Stan that will take place during the first week in December. The event is essentially a party that is being held to introduce our business peeps with the performers. There will be good food and dancing as well as a fundraising element mixed in. Stan is coordinating the improv and sketch shows. I am coordinating the magic, live music and burlesque. I am also working on a theater booking, taking care of the food and beverage, finding items for our silent auction and putting together the promotional materials. The event is going to be unbelievably fun. We will be selling tickets so stay tuned for more information!
-fine-
August 3, 2009
Just Because I’m Correct Doesn’t Mean I’m Right
(or, one of these things does not look like the other)
(or, my stupid mouth)
Divorce Albums of the 1980s - watch more funny videos
These provisions could have been very easily worked out because in reality we were on the same page. Unfortunately, the deal fell through because of communication styles: conversational (matter-of-fact vs. feelings) and writing (legal terminology and phrasing vs. plain English). Oh, and did I mention I could sometimes be a little impatient? (just ask Stan).? ?
This is clearly not a new issue. There is a well-known book for lawyers by Richard C. Wydick (Plain English for Lawyers) that addresses this. Additionally, psychologists have long studied the concept of different personality types (e.g., the ubiquitous Myers-Briggs personality test; or see: David Keirsey and Marilyn Bates’ Please Understand Me). Further, various learning styles such as auditory, tactile/kinesthetic, emotion, and visual have long been considered. ? ?
I feel that, with any business agreement, reliance and risk are both involved no matter who you are contracting with. There are no bright line rules on what elements of an agreement should be signed on paper and what elements would be okay to file under a so-called “gentlemen’s agreement” (other than the signature of person to be charged, quantity, and price, if total is $500 or more, under the Uniform Commercial Code). However, my law school career has required me to read case after case where agreements went awry because the parties didn’t expressly indicate what it was they wanted or one party decided to take advantage of the other when certain rights weren’t contracted for when things turned profitable. ?
I think it is fine to do business with friends. I’m optimistic that, whether working with friends or not, reasonable people can come to an agreement that legally protects both interests. However, I will always follow the precautionary principle because I am incapable of predicting the future. I just need to be mindful of different personality types as well as different communication styles. ? ?
Next time when someone says a contract doesn’t feel, look, or sound right I need to activate a filter in my head that removes my assumption that anyone and everyone can see the logic and clarity I see in the writing I propose. I need to own up to the possibility that the writing may very well be wordy, unclear, pompous, and dull. I also need to be more patient, even if I feel am correct, because it may just be a matter of style. Next time when someone takes issue with a contract I submit, and I guarantee there will be a next time, I will respond with more patience and less arrogance and ask: “what is it about the contract that feels/looks/sounds uncomfortable?”??
So I learned a lot from this experience. And we’re still friends. Who knows, maybe we can work together again in the near future. It is my understanding that, at least in show biz, even the worst of enemies can often find a way to patch things up when the right deal comes along. :D?
P.S. Given that I'm a lawyer in training, I’m sorry if this especially long blog entry was unnecessarily wordy, unclear, pompous, or dull. : - P
These provisions could have been very easily worked out because in reality we were on the same page. Unfortunately, the deal fell through because of communication styles: conversational (matter-of-fact vs. feelings) and writing (legal terminology and phrasing vs. plain English). Oh, and did I mention I could sometimes be a little impatient? (just ask Stan).? ?
This is clearly not a new issue. There is a well-known book for lawyers by Richard C. Wydick (Plain English for Lawyers) that addresses this. Additionally, psychologists have long studied the concept of different personality types (e.g., the ubiquitous Myers-Briggs personality test; or see: David Keirsey and Marilyn Bates’ Please Understand Me). Further, various learning styles such as auditory, tactile/kinesthetic, emotion, and visual have long been considered. ? ?
I feel that, with any business agreement, reliance and risk are both involved no matter who you are contracting with. There are no bright line rules on what elements of an agreement should be signed on paper and what elements would be okay to file under a so-called “gentlemen’s agreement” (other than the signature of person to be charged, quantity, and price, if total is $500 or more, under the Uniform Commercial Code). However, my law school career has required me to read case after case where agreements went awry because the parties didn’t expressly indicate what it was they wanted or one party decided to take advantage of the other when certain rights weren’t contracted for when things turned profitable. ?
I think it is fine to do business with friends. I’m optimistic that, whether working with friends or not, reasonable people can come to an agreement that legally protects both interests. However, I will always follow the precautionary principle because I am incapable of predicting the future. I just need to be mindful of different personality types as well as different communication styles. ? ?
Next time when someone says a contract doesn’t feel, look, or sound right I need to activate a filter in my head that removes my assumption that anyone and everyone can see the logic and clarity I see in the writing I propose. I need to own up to the possibility that the writing may very well be wordy, unclear, pompous, and dull. I also need to be more patient, even if I feel am correct, because it may just be a matter of style. Next time when someone takes issue with a contract I submit, and I guarantee there will be a next time, I will respond with more patience and less arrogance and ask: “what is it about the contract that feels/looks/sounds uncomfortable?”??
So I learned a lot from this experience. And we’re still friends. Who knows, maybe we can work together again in the near future. It is my understanding that, at least in show biz, even the worst of enemies can often find a way to patch things up when the right deal comes along. :D?
P.S. Given that I'm a lawyer in training, I’m sorry if this especially long blog entry was unnecessarily wordy, unclear, pompous, or dull. : - P
-fine-
*Previous blog entries can be viewed on the tabs listed by date
*Previous blog entries can be viewed on the tabs listed by date