Month: August 2019

When Another Party Blatantly Steals Your Copyright

A copyright can be extremely important to your business if you are producing valuable intellectual property—and while that may be a matter of perspective to some regarding ‘artistic works’ (the definition of what can be copyrighted), such ‘property’ often grows in value exponentially over time. In most cases, though regarding a business venture, artistic expressions that must be registered for serious legal protection may have been long-term projects resulting in intellectual property that your company values deeply, and could include work like software, architectural works, and more. These items can be thought of almost like business inventory and must be guarded just like everything else.

Are you trying to decide whether you want a copyright? If so, ask yourself how you would respond if you found out that someone else had taken your work or replicated it for their own gain. Having a formal copyright establishes with the rest of the world that you own a work; however, many copyright owners are not aware that as soon as they bring the work into existence, they do own it; the question is then how to keep it safe. Registration means taking your current level of ownership one step further by making it formal with the U.S. Copyright Office. If the copyright lapses or expires, it then enters the public domain. Most copyrights are good as outlined by the U.S. Copyright Office:

“As a general rule, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years. For an anonymous work, a pseudonymous work, or a work made for hire, the copyright endures for a term of 95 years from the year of its first publication or a term of 120 years from the year of its creation, whichever expires first. For works first published prior to 1978, the term will vary depending on several factors.”

But what about when another party just takes off with your work blatantly? That is theft, and it must be dealt with by a skilled legal professional. If you have worries regarding infringement, contact the Bolender Law Firm as soon as possible. Infringement cases can be complex, as not only must you provide evidence of the intellectual property infringement but also defend your copyright against fair use issues and more. You may also want to consider whether the offending party has the resources to pay damages should you engage in a lawsuit over your copyright.

Do you need legal assistance with an intellectual property matter? 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!

 

Before Buying that Insurance Policy: Know What to Ask Your Agent

Although you may be excited about making a large purchase such as a car or a home, the dream and the concept of doing so could be much more exciting than the actual process as there are many details to take care of, whether you are buying a piece of property, opening a business, or taking on a new profession. Most of these endeavors require risk protection, in the form of insurance. As a consumer, you may require multiple lines of insurance, but no matter what, you will need to work with an experienced, ethical insurance agent.

While you may have found a suitable agent online or even nailed down all the details without leaving your desk and computer or phone, it is also common to meet an insurance agent through networking with friends and family. Many insurance agents work for the same companies throughout long and profitable careers and have knowledge of the insurance industry and products that can be extremely valuable to you. If you are getting ready to buy one or more insurance policies, know what to ask your prospective agent:

  • Ask what types of coverage they think you need. While you may be aware that you need insurance for your car, home, or business, there are many different facets of insurance, and items that need to be covered. Your insurance agent may shed light on many details you are not aware of.
  • Ask if the agent can help you find the best rates. If a prospective insurance agent does not work for a competitive company, you may find yourself throwing money into an unnecessarily unexpected policy.
  • Understand what the ramifications are of carrying minimum limits. While you may want the cheapest policy, that could get you into trouble later if you must file a claim.
  • Inquire about the claims process. What type of reputation does the company have? Would there ever be a reason to worry about bad faith? Try to avoid problems from the beginning.
  • Are there exclusions or added types of coverage that you should purchase? For instance, will you be covered if there is a bad storm or an earthquake?
  • What happens if you are sued by another party? Your insurance policy should cover you in terms of liability, but it is critical to understand how far those limits will extend.

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!

Insurers: The Differences Between Good & Bad Faith

When you buy an insurance policy, it is more than implied that the insurers will act in good faith if you must file a claim – it is expected! Consumers today spend a substantial amount of their income on protecting their property and livelihoods, often purchasing multiple lines of insurance. You may have a simple portfolio and only require car insurance for one or two cars, or you could be a business owner ensuring a fleet of vehicles, several different facilities for your business, along with multiple different types of liability insurance. No matter how you slice it, for most of us, insurance is not cheap, and we would all rather be putting that money somewhere else.

If an unexpected event such as a car accident or damage to your home, perhaps after a fire or a storm, has occurred, your first thought is probably to be glad you have insurance, and begin wondering what will be involved in filing a claim. Once you have done so, you probably expect to hear from the insurance company quickly, and for your claim to be processed efficiently, with a settlement received so that you can recoup your loss.

An insurance company acting in good faith will contact you quickly, and open an investigation so they can determine what type of settlement is in order. If red flags erupt, you may begin to worry about bad faith, especially if they are slow to handle the claim, delay without obvious reasons, deny you, or try to intimidate you into taking a lowball offer. Duplicitous insurance companies have countless ways to try and discredit a claim (or even you), making accusations about fraud or tearing down witnesses who could have been on the scene when damage or an accident occurred.

A bad faith insurer may delay your case by asking for excessive amounts of documentation – even to include tax returns. They may even go so far as to request interviews that are tape-recorded or ask you to participate in an examination under oath, which can be an extremely stressful process. As soon as you suspect bad faith, consult with a skilled insurance attorney from an office like the Bolender Law Firm.

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!

Understanding the Examination Under Oath (EUO)

For most of your adult life, buying insurance has probably been pretty cut and dry, black and white, consisting of the insurer helping you protect your property—and you writing checks in exchange for such services, never expecting to be subjected to something like an examination under oath. This is often the case with car insurance, and even homeowner’s insurance, if you have been lucky enough never to have damage or to have to file a claim. And while no one enjoys making endless payments to protect a risk that in the end never had a claim filed on it, the bottom line is that you never know what could happen. If the worst does occur, it means everything to know that you are dealing with an insurer who will handle a claim expediently and honestly. It also means everything to know you will not lose your property or business or medical care.

If you are concerned that you are running into trouble with an insurer though, it is time to get out the insurance policy and read it from beginning to end, if you have not done so previously— along with making an appointment to meet with a skilled insurance attorney from an office like the Bolender Law Firm.

There can be much more to an insurance policy than you may realize, which is why it is critical to read every word, although realistically that may be a long and boring endeavor. You are protecting yourself in understanding everything the insurance company could ask of you in the event of a claim, along with what provisions they have in place to protect themselves.

If you have been handling a claim on your own, you may be surprised to find that the insurance company has asked you to participate in an examination under oath (EUO). This could seem very intimidating, and the insurance company may be putting you through aggressive motions so that they can get out of paying a claim; however, most insurance policies do outline the possibility of such measures, also making it clear that your claim could be denied if you do not agree.

Unfortunately, the EUO usually emerges as part of the claim process when the insurance company is investing fraud. During the EUO, which can be a formal proceeding, there is usually someone responsible for transcription, recording the process, and all your answers to what intricate legal questions. At this point you need strong legal expertise to guide you, and especially if a large insurance claim is at stake.

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!

 

claim

Am I Going to Have to Fight the Insurance Company to Get My Claim Paid?

The last thing you probably want to deal with is buying insurance or having to deal with a claim either. It is a necessary evil, as most of us are aware though, whether we are dealing with the purchase of a car, a new home, a commercial site, a boat, or other assets. If you own something valuable, insurance gives you the peace of mind in knowing that it is protected in the event of an accident, whether that may be moderate or catastrophic.

No one wants to feel like they are making a deal with the devil in purchasing insurance. This should be an above-board, honest transaction where you choose what lines of insurance you need in working with an insurance agent, purchasing your policy, with an understanding of when premiums are due and how much they cost. If changes are to be made, you should be given notice well ahead of time—not left hanging later after a disaster has occurred and you find there are problems with coverage.

If the time comes to file a claim, you may be under an unfortunate but understandable amount of stress. Your home may have been so damaged that you are forced to live in one small area or move out altogether. You may be without a car. You may be concerned about an incident that occurred at your business, or a potential lawsuit. At this point, the insurance company should be taking care of you. After all the premiums you have probably paid, it is now their job to set your mind at ease, pay your claim quickly, and allow you to get back to your normal way of life. If that does not happen, it is time to hire a skilled bad faith insurance attorney from an office like the Bolender Law Firm.

You may sense trouble from the onset if there is little response to your claim. While adjusters often are quick to begin calling and opening investigations, if that is not happening, chances are you should be worried—and any delays should be well-documented with clear reasoning for any substantial wait. The insurer should be offering you excellent customer service, rather than tasking you for excessive amounts of documentation, insulting you with lowball offers, harassing any witnesses who may have been on the scene at the time your property was damaged or you were injured, and ultimately, seeing to it that you are taken care of expediently.

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!

 

intellectual property

What Should I Do If My Intellectual Property Has Been Stolen?

Discovering that you have been stolen from is always a jarring experience, no matter the value of an item. And while there are steps you can take legally upon realizing you have been a victim of theft, the situation may become more complex when dealing with an intangible item or a mere concept—but a valuable one— related to intellectual property.

As a business owner, you may eventually find that intellectual property is one of your company’s greatest strengths; after all, what could be more important than your logo for branding? Or your slogan so that the public understands what you do? Copyrights and trademarks often cover the basics at the beginning of your business, but patents could represent the most substantial part of your intellectual property portfolio later.

While you may have a simple patent, it is also possible that you have one or more patents for inventions that are extremely complex and could have been the result of decades of work whether you were involved or your team handled the bulk of the design. You may also have had the assistance of independent contractors who have worked with you continuously throughout the years, are on an ‘as-needed’ basis.

If you fear that your intellectual property has been stolen, take action as quickly as possible with the help of a skilled attorney from an office like the Bolender Law Firm. While so many different types of theft, including identity theft and cyber theft are prevalent today, intellectual property theft can be extremely damaging as another party could begin to import, export, manufacture, and sell something you worked very hard to create.

If there has been infringement, your intellectual property attorney will begin by issuing a request for the infringement to cease, taking more aggressive action later if that does not prove effective. This also applies to copyrights, trademarks and service marks, as well as inventions you may have put many hours and expense into creating. While intellectual property technically is yours as soon as it comes into being (at your hands, or those of your employees), registering it gives you much more recourse later if there is a legal dispute.

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!

 

claim

I Submitted a Claim and The Insurer Is Ignoring Me

Insurance is all about risk protection. And although we would like the process to proceed as seamlessly as possible, unfortunately, there can be stress involved from the beginning. Just finding a reputable insurance agent can take some amount of effort, unless you can network through friends and family who have worked with someone for years and had good results. In working with an insurance agent, you should learn about all the different types of insurance and policy coverages, along with understanding what you need and how much it will cost.

Once you have a policy in place, there is the added and ongoing responsibility to make substantial payments to the insurer, whether on a monthly, quarterly, or annual basis, and these are not always easy to keep up with – which is why you expect to get what you pay for in the end. Unfortunately, insurers may not always want to let go of their money, and it can be extremely frustrating to find out that they are not going to follow through on their end of a bargain after you have been so diligent.

Every insurance claim should begin with an investigation. This usually involves the adjuster calling and asking basic questions about what happened and setting an appointment to look at damage if there is any, or possibly to interview you (this could occur over the phone or in person). If you have a substantial case against another party and the insurer, it is in your best interest to have an attorney handling all communication and transferring of pertinent files.

But what about the insurance company or adjuster who seems to make an initial call and then drops the ball completely after that? You may find this to be unexpected and confusing behavior. An insurance company will usually only avoid an investigation altogether if they have made a mistake and forgotten about you due to disorganization within their company—or they are trying to avoid paying the claim altogether. No matter what the case is, if you are getting nowhere with an insurance claim that probably needs to be paid expediently, it is in your best interest to have skilled legal representation to fight for your rights.

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!

Patents May Protect Improvements to An Existing Invention

Intellectual property can be one of your company’s greatest assets. This is often not a priority at first, and many business owners may not realize the importance of copyrights, trademarks, and patents until they are in the midst of creating something, or realize they are onto something big—and perhaps even internationally.

While much intellectual property is centered around branding mechanisms such as logos, slogans, and products delineating what you may provide for the public, patents are usually even more important as they represent inventions. And while copyrights are technically registered as artistic expressions, the patent often represents something along the same lines that may be exponentially more creative or innovative, and a product that endures through many decades to come. Because of that, it is critical to protect such works for the long term.

But what if you want to make an improvement on an existing patent, whether it is your own or someone else’s? Improvement patents are extremely common today and are often known as ‘addition patents’ or ‘substitution patents.’ These often include much smaller but vital inventions that could be a tipping point for the success of a product overall. Many improvements occur today as new technology is becoming so readily available and may offer significant benefits over conventional methods such as greater affordability, better performance, and less labor needed when operating a machine or a system.

If you are interested in registering to improve a patent, begin by searching for it through the U.S. Patent and Trademark Office. File your temporary patent while you complete the formal application process and expect to have to make revisions. It is highly recommended that you work with an intellectual property attorney as applying for a patent of any kind can be a lengthy, complex process; however, it is well worth it to make sure any type of invention is protected from infringement by others.

A patent gives you exclusive rights to an invention for up to 20 years, usually, meaning that no one else can make, sell, or use it. If the registration expires, it then becomes open to the public domain.

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!

business partnerships

Business Partnerships: Do You Share the Same Future Vision?

Entering into business partnerships—and choosing the partner—can have a major impact on your business for decades to come, which is why you should share a future vision; in fact, you may not have formally chosen someone to share your company to begin with, but rather you may have worked together for years, and perhaps even before your business was started. Many business partners come up with an idea, product, or business model together, sometimes in high school or college, and work for years until they are actually able to open a company of their own.

You may spend more time with your business partner than you do your marriage partner in some cases, and at times the stakes may be high as you are forced to make serious professional and financial decisions that affect not only you and your ability to make an income, but that of your entire team of employees too. Because there will be many important decisions to be made over the years, it is important to work with someone who shares your vision.

Although you and your partner may have started a company together, and there was never any sort of selection or interviewing process, many details should be worked out as you create your business partnership contract with the help of your business attorney from an office like the Bolender Law Firm. Many of the details regarding your company vision should get worked out naturally when creating the contract, on deciding who will act as the head of the business or CEO, how profits will be paid out, how job duties will be designated, who will be in charge of the hiring and firing, and how shares will be passed on if a partner were to leave the company or to pass away unexpectedly.

A vision for the future is vital to the success of any company, so, along with many of your other employees most likely too, establish what you want to achieve in the present and in the long-term. Various business models should be created, with goals set and monitored closely. It is also critical to discuss how you want to hire employees, whether in part time or full-time capacity, or as independent contractors. You may also need to establish whether intellectual property requires registration, and how to handle such issues with contractors who could feasibly walk out the door with company designs.

While the challenges may be great, the rewards are often even greater when it comes to owning your own business. In many cases, every day is exciting, but most entrepreneurs or even large corporate owners will find themselves running into conflict at some point. Because of this, you should have a dispute resolution clause built into the business partnership contract. This can be created while everyone is still on good terms, allowing you to decide how any dispute would be decided—whether in arbitration or mediation—or litigation. You can also discuss who would be responsible for attorneys’ fees and where any proceedings will take place, in terms of the courthouse or county.

Do you need legal assistance with a partnership or 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!