Author: Jeffrey Bolender

Mediation Struggles: Could We End up in Court Anyway?

Posted by Jeffrey Bolender on May 14, 2019 with 0 Comment

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!

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

Posted by Jeffrey Bolender on May 9, 2019 with 0 Comment

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!

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

Posted by Jeffrey Bolender on May 7, 2019 with 0 Comment

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!

Why the Insurance Company Expects You to Take that Lowball Settlement

Posted by Jeffrey Bolender on May 2, 2019 with 0 Comment

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.

Are You Being Accused of Fraud? Why This is So Serious

Posted by Jeffrey Bolender on April 30, 2019 with 0 Comment

Purchasing insurance can sometimes be a pleasant experience, in the beginning; in fact, as you get a referral for an insurance agent and begin looking around and getting quotes, you may be impressed with their level of knowledge and guidance. Once you settle on a policy, a check is written, documents are emailed or sent by regular mail and they get put away for safekeeping. And there they stay, until there is a claim. In most cases if there is a claim, the insurer opens an investigation, and hopefully it is open and shut, with your payment being collected easily so you can go about your normal business and get back to your normal life.

There are other instances, however, that spell out trouble from the beginning. Let’s use a homeowner’s insurance claim as an example. This is a good one, because home fires are often an extreme point of contention. It is all too easy for the insurer to bring up the word arson and suddenly drum up a fraud investigation team that may scare the dickens out you. Obviously, no one feels comfortable being accused of fraud, and especially if there is the potential of going to jail too. This is an all-too-common tactic however, and insurers use it to their advantage to intimidate, delay, and deny.

Your first tipoff may be when there is no investigation of your claim. There may be no phone ringing at all from the adjuster, insurance representatives trying to get more details, or anything. This is a common red flag of bad faith practices, along with unreasonable delays—and often that is exactly where the fraudulent fraud investigation comes in! Such an experience can be extremely challenging too if your home has serious fire damage and you have had to move out. The disruption to your life can be epic, and a fraud investigation may add more stress than you feel like you can manage.

This is not the time to go it alone. You need an attorney to defend you against the fraud accusations, as well as help you get your claim paid. An insurance company acting in bad faith—and especially putting you through an extended period out of your home—may not only be severely fined in court, but they may also owe you compensatory and punitive damages.

If you suspect negligence on the part of your insurance agent or insurance company, contact the Bolender Law Firm. We 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!

When a Business Partner Dies: Dealing with All the Changes

Posted by Jeffrey Bolender on April 25, 2019 with 0 Comment

Running a business can be one of the most rewarding yet stressful experiences you will ever enjoy and endure. You may have fulfilled a lifelong dream, and perhaps even had a business model just waiting in your pocket, looking for the right time to strike out on your own. Once there, you were probably surprised to be weighed down with issues like employees and turnover rate, human resources knowledge to be attained and applied, complexities of working with vendors, the challenges in making payroll, dealing with clients (and keeping clients) and so much more.

Partnership issues can be extremely complex too. You may have had a long-term friendship with an individual before starting a business together, and that bond can remain strong. Others may have several partners, some who are more like investors than actual participants—while yet others may be married couples working together. Personalities and how much time you spend together have a lot to do with your success in working and staying together, much like a marriage, and if financial stress or other issues begin to plague your business, there could be serious strain on your partnership.

The strain is usually even worse if one partner dies. You may be in a serious state of bereavement, to begin with (and the grieving period, of course, may stretch on indefinitely), along with having lost a major player and contributor in your business. And just as it so often is with losing a family member, everyone may be wondering ‘what to do now,’ and how to fill the empty space they have left behind in your company. At this point it is time to read over that business partnership contract we very much hope you created during the inception of your business.

It is prudent for everyone involved for you to have a clause stipulating what would happen to the partner’s shares in the event of their death. Would you be given the right to buy out any heirs first? Right of refusal is critical to discuss; otherwise, you could find yourself with your partner’s spouse or nephew taking over part of your company. It might be surprising for them to desire to do so—and especially if the new party is not feeling exactly welcome—but there is a good chance they may want to sell too. In that case, you will again need a good business attorney from a law office like the Bolender Law Firm to handle the transaction.

Bad Faith: When the Insurance Company Does Not Fulfill Duties to Policyholders

Posted by Jeffrey Bolender on April 22, 2019 with 0 Comment

Most of us would prefer not to have to send any amount of cash to an insurance company—whether it is monthly, quarterly, or annually—but just as dealing with issues like household debt and jobs and a hectic lifestyle are often considered the American way, so is buying insurance, and one can only hope not to run into an issue with bad faith. Without it, you could be left miserable, homeless, and penniless in the event of a catastrophe. The problem is, however, if you have had a serious accident or suffered property damage to your home, you may already be feeling injured and miserable or even homeless and worried about your residence—and worried about finances.

This is where the insurance company is supposed to step in and save the day. Even though you are the one who purchased the policy and have been keeping up with your end of the bargain in paying premiums for countless months, when something does go wrong you are suddenly at the mercy of the insurer. You should not have to wait an excessive amount of time to hear back regarding your claim—especially if you are hurt after an accident—and you should not be held off indefinitely if you have had to move out of your home after a flood or fire. If red flags are waving all over the place, it is time to called a skilled insurance lawyer from a firm like the Bolender Law Firm.

Insurers may be used to throwing their weight around in attempts to avoid paying out claims, and to keep their money mounting in the bank, but they could be in substantial legal trouble over bad faith practices, forced to pay compensatory damages, and fines too. Delays are a common issue in bad faith, but you may also be experiencing other frustrating issues like a complete lack of response and complete lack of investigation of your case. Adjusters may try to intimidate you, and even witnesses, and they may also offer you a low-ball settlement that is so low you can’t believe your ears. They continue to get away with this behavior because often, policyholders are stressed out and intimidated, and may be worried that the one settlement offer they are receiving is the only one they will get. This may be exactly what the adjuster wants you to think too. The key is to reach out for expert legal help so that you receive fair compensation for what you are owed.

Does Your Business Need to Apply for a Patent?

Posted by Jeffrey Bolender on April 18, 2019 with 0 Comment

Creating a business model is a multi-faceted project, and one that can be ongoing throughout the lifetime of your company. Along with this comes a host of other responsibilities such as creating your brand, establishing partnerships and agreements, hiring, establishing benefits packages, designing marketing campaigns—and oh yes, somewhere in there too: establishing a solid client base! There are many elements to founding and maintaining a healthy business, and while there is much to protect, intellectual property must be at the top of the list.

You may be an inventor yourself, or either full-time employees or independent contractors may be creating innovative products for your company. And although that is another somewhat complex subject, if you do have independent contractors working for you, it is vital that you have airtight agreements to protect what is your property essentially—unless stated otherwise. Before you wonder about patents further though, understand how they are defined. According to the United States Patent and Trade Office, a patent is issued when they grant property rights for an invention to the inventor. It does not expire for 20 years after filing of the application and gives you the right to exclude everyone else from using the invention, making it, and selling it in the US. Everyone else is also excluded from importing it into the US.

“Once a patent is issued, the patentee must enforce the patent without aid of the USPTO,” states the USPTO. “The patent law specifies the general field of subject matter that can be patented and the conditions under which a patent may be obtained,” continues USPTO information.
“In the language of the statute, any person who ‘invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent,’ subject to the conditions and requirements of the law. The word ‘process’ is defined by law as a process, act, or method, and primarily includes industrial or technical processes. The term ‘machine’ used in the statute needs no explanation. The term ‘manufacture’ refers to articles that are made and includes all manufactured articles. The term ‘composition of matter’ relates to chemical compositions and may include mixtures of ingredients as well as new chemical compounds. These classes of subject matter taken together include practically everything that is made by man and the processes for making the products.”

If your business owns rights to an invention that needs this type of protection, then you do need to apply for a patent. Work with an experienced intellectual property attorney from an office like the Bolender Law Firm. There are some pre-application steps that are very important and getting help from a legal professional versed in patents is in your best interest as you determine what type of patent you need, whether there are other similar (or identical) ones in existence already, and more. Understanding patent laws and the application process can be complicated.

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!

Starting a New Business: Five Things to Know

Posted by Jeffrey Bolender on April 16, 2019 with 0 Comment

Starting a new business could be one of the best things you ever do in life; of course, as you are probably aware, it can be a major risk too. Many businesses don’t make it, but there are usually common denominators as to why. One thing you can count on, however, is that there will be a lot of hours spent in your new business, and for most new business owners there are countless hours logged in sweat equity. And no matter how prepared you are, even if you went to business school, there will be quite an education along the way. Here are five basic things every new business owner should be aware of though:

There will be many long hours and you may be your only support system: Count on being exhausted. And count on everyone else asking why in the world you would want to put yourself through such an experience. Others with a strong career/work drive may understand, but in the beginning, this business is your baby—and it will probably keep you up late and wake you up early too.
Capital is your main priority and will remain so for quite some time. The number one killer for small businesses though is lack of proper capital. You may have enough to get you started (and for many, just coming up with the funds to get into business is a tremendous challenge), but cash flow and backup capital are necessary. Without funding, your business could easily go belly up.
Partners may not be as fun to work with as you originally hoped. This is a big one. Although you may have gone into business with a childhood buddy and all the trust in the world, a business partnership contract is key—and founding your business is the perfect time to do it as everyone is happy with one another and an airtight conflict resolution clause can be included.
Hiring employees, and keeping them, can be extremely challenging. Look for experience in the individuals you bring on board, but more than anything, try to get a feel for whether they have good character—and a personality you would like to be around for years.
Keep the meetings short. Nothing can suck up your time like a morning or afternoon meeting that takes up half the day. Not only are you losing half the day, but so are your employees. And time is money!

How Long Does Intellectual Property Last?

Posted by Jeffrey Bolender on April 14, 2019 with 0 Comment

As a business owner, your knowledge will become vast over the years regarding many different subjects. Not only will you be required to understand every nuance about the products and services you are selling, how to fight the competition, and how to manage your finances, but you will also need to understand how to deal with labor law, employees, benefits, partnerships, commercial real estate and insurance, and so much more. But along with all these items, you will also need to protect intangible items, like intellectual property.

While it may seem complex—and indeed it is—registering for and maintaining your intellectual property is a must, along with ensuring that you have proper agreements signed with employees and independent contractors regarding non-disclosure and confidentiality. Whether you have copyrights, trademarks, service marks, or patents, knowing how long each license lasts can be vital, so that you know when to reapply. The power is left to you to make sure these protections are enforced in most cases, along with seeing that the licenses are kept up to date.

Most intellectual property lasts as follows:

Copyrights – these usually last for the lifetime of the ‘author,’ as well as 70 years past that. Copyrights refer to artistic expressions of work, but for your business purposes could also be software, architectural structures, and more.
Trademarks/Service marks – this type of intellectual property is good in ten-year increments that can be renewed indefinitely. Both trademarks and service marks (which serve as a subset of trademarks) apply to branding mechanisms, helping customers identify with the products and services you offer. Your trademark typically may be a logo or a symbol, and your service mark may be a word, slogan, or catch phrase created for marketing purposes.
Patents – from the time of application, these are good for around 20 years. Patents apply to inventions and are vital to keep others from stealing the right to use, make, sell, or import them.
Trade secrets – these are protected ‘without procedure or formality,’ and indefinitely so, but they must be something unknown to others, have commercial value, and you must be working to maintain the secrecy of such intellectual property.

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!