Month: May 2019

business partners

Business Partners: Resolving Disputes Within the Company

As a business owner today, there is more stress than ever for everyone from the owner to the cleaning crew. Competition can be fierce within nearly every industry—and especially depending on what specific products and services you provide. You may be continually concerned about keeping your team members happy and keeping them from going to the competition. If you have a great idea, others will follow suit and you may be street fighting in marketing and pricing to keep your place at the top in the neighborhood—whether running a restaurant, a computer repair shop, or a larger corporation.

If you have business partners, it is vital to have a strong partnership contract from the beginning. With the help of a skilled business partnership attorney, you can create a contract that outlines everyone’s titles, what they do in the company, outline when profits and pay are to be disbursed, and most importantly, offer a comprehensive explanation of the delegation of work. Money and job duties may be the stickiest points throughout the years in trying to get along with a partner.

One of the most important things you can do within your business partnership contract from the outset is to include a special clause for dispute resolution. Not only is it important to write this into your contract initially while you are still getting along, later if there is a dispute you will have already outlined how legal action is to be taken care of—whether through litigation, arbitration, or mediation, or other means. You and your partners may have even detailed where the dispute would be handled and who would pay attorney’s fees.

If you and your partner are both very invested in keeping the partnership going, mediation may be the best route, offering a more comfortable venue for discussing the issues at hand, over the courtroom—not to mention the amount of money that would be paid for litigation. With the help of a mediator or a skilled business attorney, hopefully you can save the partnership if it is agreed upon that is for the best of your company.

Do you have questions about a business issue, or do you need legal assistance regarding a business dispute? If so, contact the Bolender Law Firm.  Our attorneys are experienced in representing clients in state and federal courts, at both the trial and appellate level. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!

insurance claim

Filing an Insurance Claim: Communications with the Insurer Should Be Easy

When it comes to the actual process of purchasing an insurance policy the steps are clear. First, and especially if you’re purchasing multiple lines of insurance, you need to find a good agent. Often our best suggestions come from friends and family. You may be having dinner with your parents or another relative and find out that they have worked with the same insurance agent for many years. In other cases, you may read about an agent online, and upon meeting them feel extremely comfortable and ready to purchase. The requirement should be that the insurance agent is educated about the types of insurance you need, that they are able to research and suggest all the facets required to protect your finances and property.

Once you have purchased your insurance, your job is to fulfill the details of the policy, agreeing that you will pay on time, mainly; however, there are of course other stipulations such as not making any changes to the existing property without letting them know, and following the proper steps if you do have an accident or damage to your home. Chances are, you have kept up your end of the bargain and paid the bill. And when you go to file a claim, everything should run just as smoothly for you as it did for them over the years while you were paying untold thousands in premiums.

Payments for premiums are not always easy to come by, and if you have suddenly had a problem or reason to file a claim, you probably feel quite serious about reaping the rewards now of owning that policy.

But what if the insurance company does not respond? What if they are difficult to deal with? What if they are disorganized, or what if they are completely nonresponsive? If you are worried about any of those things, you may be dealing with an insurance company acting in bad faith. This can be a very disturbing realization, and you will need the help of a skilled bad faith law insurance firm like the Bolender Law Firm.

Other red flags surrounding bad faith practices may include unreasonable delays or an outright denial that does not seem right. They may have somehow tried to convince you that the details of your policy are different from what you thought, meaning that you will be denied, or they may request excessive amounts of documentation, Hoping that you will bow out of the claim all together and just forget about it. If you are having difficulty with your insurance company, the first step is to ask what the problem is. It may be a clear-cut issue, or they may have had a snag in their investigation of your claim. But if you see any signs of bad faith, do not try to go it alone and continue communicating with the insurer or trying to set things right. This is the job for an experienced lawyer who will be able to protect your best interests.

If you need help reviewing your insurance policy, or if you suspect your insurance company may be denying your claim in bad faith, contact the attorneys at the Bolender Law Firm.  If a dispute over a claim cannot be easily resolved through a call or written communication, our attorneys will advocate on behalf of policyholders through litigation, arbitration, or non-binding mediation. Our attorneys are experienced in representing clients in state and federal courts, at both the trial and appellate level. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!

 

insurance adjusters

Insurance Adjusters Asking About Your Medical Condition: Why You Should Not Answer

If an insurance adjuster has just called, you may be somewhat startled by the speed in which they not only procured your phone number, but also how quickly they opened communications and began pelting you with questions. This is not always the most thoughtful way to treat someone who may have just been in a major or even catastrophic car accident, but insurance, as we all know, is about business. Insurance adjusters are heavily invested in protecting their company, and often their own finances too as they may be offered extra bonuses and lucrative compensation for saving their company time and money. This means that they have probably become very skilled at convincing policyholders to take the least amount of money as possible in a settlement, and quickly.

So, don’t be surprised if you get a call even while you may still be in the hospital. It may seem like an intrusion, and the truth is that you do not have to speak to them, then, or ever. This is a job for your car accident attorney, and if you do not have one yet, consult with an experienced injury firm as soon as possible. This could be vital to your case, and your settlement.

Insurance adjusters are very crafty at getting as much information from you as possible and then using whatever they can against you too. And as we often mention, the insurance companies are not your friend, and they did not become billionaires through attempting to win a popularity contest. So, if the insurance adjuster is on the other line and you are flustered or not sure what to do, you may give them some basic facts like your name, policy number, and the date and most elementary facts about your accident.

Insurance adjusters will ask for police records and medical records, and they may ask to tape record any or all conversations. Do not give out any information about your medical condition. Although you may be quite certain you know what is wrong; for example, maybe you have a broken leg. You may be tempted to pass on this seemingly basic fact when you speak to the insurance adjuster but as is common in car accidents, there may be some time before other medical issues emerge.

You could have much more complex health issues or internal damage than you realize, which is why you should not tell the adjuster anything about your health or the current injuries.  In many cases they will try to insinuate that an older injury is what is causing you pain or discomfort, when you are obviously suffering due to a car accident.

If you need help reviewing your insurance policy, or if you suspect your insurance company may be denying your claim in bad faith, contact the attorneys at the Bolender Law Firm.  If a dispute over a claim cannot be easily resolved through a call or written communication, our attorneys will advocate on behalf of policyholders through litigation, arbitration, or non-binding mediation. Our attorneys are experienced in representing clients in state and federal courts, at both the trial and appellate level. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!

mediation

What Happens When an Agreement Cannot Be Reached in Mediation?

Mediation is often an extremely attractive alternative to the courtroom. Formally termed alternative dispute resolution (ADR), mediation is typically held in a more casual and relaxed setting, led by a mediator. While the mediator may not technically be licensed or may not even have a legal degree, they are usually very experienced in helping two or more parties deal with some sort of legal dispute that has brought them to such serious odds that they cannot reach an agreement or settlement decision on their own.

In some cases, a judge may even send two parties into mediation during a case, requiring them to work it out. While that puts some added pressure on everyone in a mediation, it also takes them out of the stiff courtroom and out of what may be a more adversarial atmosphere. The mediation offers a setting where the mediator can help if the disputing parties have reached an impasse, encouraging them to think outside the box, and perhaps even learn to empathize with the other party’s situation. The mediator usually has prior, extensive knowledge of the case due to meeting with the parties involved before mediation begins, getting to know them both separately, and understand what brought them into the legal arena to settle their differences.

If a stalemate is so serious that the parties involved cannot or will not budge, the mediator may suggest they take an extended break. This could be a few days, a few weeks, or an indefinite period. If the parties are involved in a court case and they still cannot reach an agreement in mediation, this may not be pleasing to the judge, and their case could be delayed, there may be more mediation suggested (or required), or a trial may be scheduled. Such an ordeal is never easy on anyone, but negotiations simply may not be possible if neither side can give at all.

As in any negotiation, it may be up to the mediator or an attorney to keep the conversation going until someone thinks of something that they can give. Perhaps they have a concession they can make that would not paying them too terribly but could mean a lot to the other side. Most mediations are successful, and the exceptions can be frustrating for everyone involved.

Do you have questions about a mediation or a business issue, or do you need legal assistance regarding a business dispute? If so, contact the Bolender Law Firm.  Our attorneys are experienced in representing clients in state and federal courts, at both the trial and appellate level. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!

Can there Be More Than One Owner for a Patent?

For an entrepreneur, there is nothing more exciting than getting into the momentum of innovation, creating a business plan and a business model—not to mention an incredible business product that you know will make an impact within your industry. And even though your business may be new, capital may always be a pressing concern, and you may have a lot on your plate in every way, protecting intellectual property is just as important as protecting everything else in your business; in fact, without the proper protection now, you could find yourself extremely regretful later if someone has stolen a patent, or even a copyright or trademark.

Patents can be complex to apply for, and on average take around 21 months to come through from the date of applying. Dealing with the patent application process is a job for an intellectual property attorney, or more specifically a patent attorney. Unless you have extensive legal knowledge, writing a patent and completing the process most likely would prove to be very challenging, and considering how long it takes a patent to be approved, it is critical to have your application filled out correctly.

There may be added complications in applying for the patent also, if there is some question as to ownership. Did you hire an independent contractor who came in and worked on a dynamic, exciting new project, creating the intellectual property that was left to your business permanently? If so, you should have an airtight contract with them, detailing the work they did, the duration of their employment, and making it very clear that any work created for the company belongs to the company. If you do feel comfortable with having them as part owner of the patent, then that should be in a written contract, or agreed upon if the patent is created later and is not included in any of the details of their initial contract.

There can be more than one owner for a patent, however, and if that is the case, both should be listed on the application as joint owners. There could be some gray area, however, if for example you created the entire invention and lead the process from beginning to end, while the other person only did work as instructed. In that case, they were really acting in the stead of an employee rather than an inventor. Because innovation today can be so valuable tomorrow, it could be vital to the success of your company to have everything in writing.

The Bolender Law Firm can assist you in all intellectual property matters. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!

mediation struggles

Mediation Struggles: Could We End up in Court Anyway?

Mediation offers a way for disputing parties a way to avoid what is often thought of as the horrors of the courtroom; and while litigation is sometimes the best route to settle a legal issue, there can be easier and more comfortable ways to do so today—as with alternative dispute resolution. Mediators are often practicing or retired attorneys, but they do not have to have a law degree or even be licensed. What they do need is experience in working with parties that may be having trouble coming to an agreement, even if they are motivated to find a resolution.

Mediations are usually successful, and it is easy to see why when you explore the model. The mediator is usually much more flexible and can meet with everyone involved separately, to get an in-depth understanding of what the dispute is about, the background of the parties involved, and an idea of what their end goal is for a settlement. The mediator can often work around the schedules of the parties, even setting meetings for after hours or on weekends. The atmosphere is usually much less hectic than the courtroom, relaxed, and casual.

The mediator is there to assist the disputing parties in coming to a settlement, not to decide the case for them. Their position is much less authoritative than that of a judge, which is often helpful as those involved can decide the direction of their case—and usually much more quickly, affordably, and in many cases, amicably. For business owners, mediation also allows the chance to preserve a relationship that may have already been long-term and profitable. Sometimes though, mediation is not successful, and a stalemate simply cannot be broken. If the judge has mandated the process, then they may be sent back to try again multiple times—and if that does not, the case could be held up for a very long time.

If mediation was voluntary and a decision cannot be reached through that route, a more aggressive approach with litigation may be the only option. In the end, however, the parties involved may wish they had been able to take a simpler approach and lay their grievances to rest more amenably.

The Bolender Law Firm will advocate on behalf of clients through litigation, arbitration, or non-binding mediation. Our attorneys are experienced in representing clients in state and federal courts, at both the trial and appellate level. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!

insurance company

Why Isn’t the Insurance Company Interested in Investigating My Homeowners Claim?

While all forms of risk protection are important and worth investigating, homeowner’s is one of the most critical types of insurance—and especially if you have a family to house. Home may be where the heart is, but often it is strongly tied to all your worldly possessions and the place where you made so many memories, from first birthday parties to many years of holidays and family milestones. Experiencing major property damage may in some cases feel almost as traumatic as having a physical accident, and you may be almost as uncomfortable if you are facing living in a home that is close to uninhabitable. You may have been displaced also, if the damage was catastrophic—with your life being extremely disrupted.

Most types of accidents and damage claims have a sense of urgency to them, so if the insurer is simply not responding at all, they are sending a clear message that they do not want to deal with you. There is the outside chance that their customer service department is completely disorganized and inept and unable to get to you, but you should be able to figure that out quickly. Continued red flags mean it is time to consult with a bad faith insurance attorney from a firm like the Bolender Law Firm.

If you have ever had a claim that was handled properly before, the adjuster probably contacted you almost right away. It was imperative for you to have all your information ready, an attorney for them to communicate with if necessary, all leading to a streamlined claims payment. So, when you hear crickets it is disturbing. And you may be growing increasingly worried about your financial future if your house has partially burned or been flooded or exposed to other serious issues.  Lack of investigation is often a sign of bad faith practices, along with long delays that seem to occur with no reasonable excuse or are followed by an outright denial. Other issues often include intimidation tactics such as requests for excessive documentation, or a pressing emphasis on how important it is to take a lowball offer.

If you need help reviewing your insurance policy, or if you suspect your insurance company may be denying your claim in bad faith, contact the attorneys at the Bolender Law Firm.  If a dispute over a claim cannot be easily resolved through a call or written communication, our attorneys will advocate on behalf of policyholders through litigation, arbitration, or non-binding mediation. Our attorneys are experienced in representing clients in state and federal courts, at both the trial and appellate level. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!

business partner contracts

New Business Partner? Contracts May Need to Be Updated for Everyone

If you are the owner or a partner in a business, you may find yourself immersed in daily details. While your true job is to make sure that the clients keep coming in by the droves, you may often feel like you are able to do everything but that. Your team needs you, and you must not only be a great role model to them, but also pay them, offer enticing benefits, make sure everyone is being treated properly, and continue finding good hires as necessary. You must work with vendors—and these could be extremely long-term relationships, so they should stay as positive as possible, always. There may be landlords, real estate to deal with, and so much more.

Aside from having enough capital to maintain your business, the other most important facet to keeping your company successful is how you run it. For many owners, this means bringing in new partners. Perhaps you are bringing in one new partner of your choosing, and someone you know you will get along with – or perhaps there is a new partner joining a group of you. Regardless, business partnership contracts are in order. And while many other aspects of your business may be critical, without a sound contract locked down from the beginning, a legal issue with a partner could be extremely costly to your business.

Upon bringing in a new partner, consider everything anew—and especially if you are restructuring. What will their duties be, along with everyone else’s now? Will there be new titles? What about pay structure and profit disbursements? There should also be clauses regarding any exit strategies, dissolution plans, and more, to include a conflict resolution clause to be put into effect if there is a legal dispute; in fact, this clause can be so detailed that you will know ahead of time whether litigation would be chosen as the mode for resolution, or perhaps mediation or arbitration. Writing new contracts may also be a good time to update other partner’s job descriptions as well as negotiating some financial terms.

Do you need legal assistance with a business dispute? If so, contact the Bolender Law Firm.  Our attorneys are experienced in representing clients in state and federal courts, at both the trial and appellate level. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!

lowball settlement

Why the Insurance Company Expects You to Take that Lowball Settlement

Insurance companies know their stuff. They don’t churn out billions in profits through sheer luck each year, and they certainly don’t do so by being your friend. Adjusters often receive bonuses for keeping payout and time spent on cases to a minimum, and you can count on one thing: they are all usually very good at their jobs. This is precisely why if you are in a car accident, for example, you do not want to take on fighting the other insurance company by yourself.

Adjusters, unfortunately, may be quick to take advantage of you if you are not prepared. They may begin asking a lot of questions—and because most of us are naturally polite, it is often hard to shut them down—but that is exactly what needs to happen. Your injury attorney should be handling all communications with adjusters. This could be vital to your case, especially as they may begin asking if they can tape record your conversations, have access to medical records, and more. What you say to them, however, is what can make you most vulnerable, and many individuals walk right into such a trap after being assured everything is confidential.

With expert legal assistance, you can avoid many of the pitfalls possible if you have been injured in an accident due to the negligence of others, and have a case. Without any help, adjusters may try different tricks on you such as the delay. This could mean you are left hanging for unreasonable amounts of time as they try to find a reason to deny your claim, whether accusing you of fraud or other shocking reasons to get out of paying. One of the most common techniques on the part of the insurer is the lowball offer. With an attorney on your side, it is likely this would not happen to begin with—but if you are on your own, the adjusters may jump at the chance to give you the lowest offer possible and then also convince you that you should take it because there will not be another one.

Other intimidation tactics may ensue as well, to include asking you for so much accompanying documentation that you will be quickly exhausted and run the other direction, giving up on your case altogether. They may also try to intimidate witnesses. As soon as you begin experiencing any red flags that could indicate bad faith, your case is in peril. An experienced attorney will be able to help you fight the insurance company, along with helping you to understand more about bad faith practices.

If you need help reviewing your insurance policy, or if you suspect your insurance company may be denying your claim in bad faith, contact the attorneys at the Bolender Law Firm.  If a dispute over a claim cannot be easily resolved through a call or written communication, our attorneys will advocate on behalf of policyholders through litigation, arbitration, or non-binding mediation. Our attorneys are experienced in representing clients in state and federal courts, at both the trial and appellate level. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!