Intellectual property

Intellectual Property: Protect That Trademark

Many find the subject of intellectual property to be both complex and intimidating—and sometimes so much so that valuable business innovations go unprotected. Think of all that you protect when it comes to your company, whether you are just starting up or have been in operation for years. From protecting your company’s image and reputation within the industry you are involved in, to ensuring the security and safety of employees, real estate, and physical contents of your office or warehouse, there are many details to tend to—not to mention the actual running of your business. Accountants help ensure your financial health while your insurance company should see to it that you have all the correct coverages should a claim arise later.

A skilled business attorney from a firm like Bolender Law Firm can assist with many legal aspects of your business, from drawing up contracts to assisting in acquisitions, or providing representation in the unfortunate case of a lawsuit. When it comes to protecting your brand, however, this is another area where knowledgeable legal advice is necessary. Your attorney can help you pinpoint what type of intellectual property you really have and then move forward to discuss the different types of licenses and registration required.

The trademark is key to many businesses today, and there are some famous ones for sure—as in clothing logos, restaurants logos, and so much more. It may also be a word, or a phrase tied to a company and the goods they provide. The trademark also encompasses the service mark which is often a slogan designed to remind consumers of the services a business provides to the public. The trademark is yours by common law as soon as you design it and begin using it. And while you may own a small business now and foresee no threat of anyone stealing your trademark or any other intellectual property, by registering with the United States Patent and Trademark Office, you have formal ownership for ten years, with the opportunity to keep renewing it. This formal registration allows you to take legal action should someone try to use your trademark without permission, and it also puts you on solid ground for selling it later or granting use of temporarily.

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!

Fighting insurance companies

Fighting Insurance Companies When They Want to Underpay—Or Not Pay at All

If you have filed a claim against and are having trouble getting paid, it may feel like a real struggle, as is common in fighting insurance companies. Not only that, you may already be dealing with enough stress, depending on why the claim was filed. You may have endured a car crash or motorcycle accident and need to recuperate or learn to adjust to an injury that has left you permanently debilitated. There may have been damage to your business causing you to lose significant income or perhaps there was catastrophic damage to your home. These challenges may leave you drained in many ways—and having to worry about whether the insurer is going to pay a valid insurance claim (and when) can cause enormous strain.

Refer All Adjuster Questions to Your Attorney

The claims process can be simple in many cases, while others require more complex investigations due to the nature of the incident. Adjusters are brought in to compile and evaluate information regarding what happened, whether it was a personal injury, property damage, or more. While they may hope to interview you (as well as any witnesses who were on the scene and proffered up contact information), it is in your interest to work with a skilled attorney who can handle the insurance company. And it is best to do so from the onset.

While the adjuster’s questions may seem harmless enough at first, keep in mind that their agenda is to see that the insurance company pays out as little as possible. They may begin delving much deeper, asking when you received medical care (examining how long it took you to seek help), requesting release of medical records, all related reports, and they may even want to tape your conversation(s). Hopefully all these requests, and all communication, are referred to your attorney who can decide what it is appropriate to share.

The Adjuster Assesses & Comes Up with Settlement Amount

Afterward, the adjuster should arrive at a figure for a settlement. If you are working without an attorney, you may find that they offer you a very low settlement; and while there may be greater respect from the insurer toward your case if you have legal representation, the adjuster may still offer a very low amount. There are various reasons behind this: that may be all you are owed realistically, they may not have gathered all the proper evidence, or sadly and more likely, it may just be that they are attempting to get out of paying the settlement you are owed. Insurance companies make billions of dollars in profits each year, and unfortunately, they are not your friend.

Contact Us for Help!

Even worse, the insurer may delay your claim or deny it altogether. 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 Litigation Issues

Business Litigation Issues: Why that Initial Contract Is So Important

In business dealings, three words are key: Get it in writing. Even though a handshake and a verbal agreement may seem like enough—and even though you may have heard that contracts are just made to be broken, you have a much greater chance for gaining legal recourse with a signed and notarized business agreement fully outlining the details of a transaction or ongoing relationship. And although an airtight business contract may be what allows you to win in court should litigation be necessary, it may also be what prevents a court case from developing to begin with.

A contract with a vendor would be a typical example where a business contract is helpful, as they are providing goods and services to you for payment. In working with your business attorney to create a solid agreement, focus on the following:

  • List all the individuals and companies involved in the agreement.
  • Use language that is clear, so everyone is in complete understanding of all the details. While every contract is prone to having some legalese, the agreement should be easy to read, with all parties involved comfortable in making necessary changes before signing.
  • Outline terms of the contract, and goods and services being offered, in as much detail as possible. Any necessary timeframes should be written into the agreement (especially if this is a finite deal with a beginning and ending date), along with the payment schedule. If there are grace periods for payments or penalties for late pays, make sure that is all explained in detail as well.
  • Create a dispute resolution clause. While this may seem unnecessary in the beginning—and especially if you are working with someone you have known for a while—creating a dispute resolution plan is much easier to do while everyone is still getting along! Deciding ahead of time how a dispute would be handled allows you to designate what type of setting you want any issues decided in, whether in court with litigation or a more casual setting in mediation or arbitration. Typically, location is included too, stating which county (or courthouse) the dispute would be settled in, as well as who would pay legal fees.

Creating a good working relationship with a business attorney as soon as you begin setting up the structure of your business can be vital to your success as you make decisions regarding what type of corporation or partnership you want to set up, begin hiring employees and contractors, protecting intellectual property, and more.

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!

Insurance company investigations

Insurance Company Investigations: How They Are Performed

If you have been injured or forced to file a claim with your insurance company for any number of reasons, most likely you want to see action as soon as possible, in the form of insurance company investigations. This could be the case for many different types of claims, but incidents where someone has been injured—and perhaps seriously—tend to be the most sensitive. Finances may be extremely tight too if you have been harmed due to the negligence of others and suddenly cannot work or must stay home to care for a family member who is suffering.

Car accidents are a typical example. If you were hit by another motorist who may have been reckless for any number of reasons ranging from distracted driving to drunk driving, drowsy driving, speeding, or more, it could be that the insurance adjuster for the other party is on top of things at an alarmingly fast speed. They may be calling immediately, asking for police reports, medical documents, and squeezing you for information regarding any injuries. Although they are doing their job and can be quite good at seeming like they care about your well-being, most adjusters are skilled at what they do. This often includes receiving extra compensation for settling for as little as possible and clearing out cases as quickly as possible.

Investigation begins with the obvious, in finding out details about the case. And while the adjustor may want to get much of the information from you, this is where you will need to refer them to your auto accident attorney (or, if the insurance agency is denying your claim in bad faith, consult with a skilled insurance lawyer from a firm like the Bolender Law Firm). Along with information from law enforcement who were on the scene and any medical professionals who treated you, the adjuster will probably want to talk to witnesses if contact information is available for any of them too. They may request photos from the accident as well as asking to look at your car and take more pictures for their files. The adjuster will often visit the scene of the accident for further documentation.

Once they have finished their investigation, the adjuster will arrive at a settlement amount. This may be much less than what they should pay you, which is why you need an experienced attorney to represent you. If the insurance company does not seem to be investigating the accident or if they have presented you with a lowball offer, there is the possibility they are acting in bad faith. 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!

service marks

Service Marks: Does Your Brand Need One?

For so many business owners in the US, a company blooms based on a dream, a concept, and an eventual innovative product that can be manufactured or a unique service that can be offered to the public. The marketplace is competitive for nearly anyone today, and creating a business that will succeed takes savvy, ingenuity, and the willingness to put in many hours. Along with your vision, mission, and business strategy comes a need for protection too. This may come in the form of security at your new business, insurance policies, and a variety of different legal measures such as partnership contracts, independent contractor agreements, and more.

The Service Mark is a Type of Trademark

Protecting your intellectual property may be much more of a concern than you realize too. While you may be familiar with terms such as copyrights, patents, and trademarks, you may be less familiar with the service mark. This is intellectual property that falls within the trademark category, but rather than offering a logo or symbol, the service mark denotes what it is you offer to the public. This might be in the form of a slogan, for example, or as the U.S. Patent and Trademark Office (USPTO) states, something that will “identify services, that is, intangible activities, which are performed by one person for the benefit of a person or persons other than himself, either for pay or otherwise.”

Protect Your Intellectual Property Through the USPTO

A trademark or service mark is yours once you begin using it (make sure when you create yours that no one else has registered one), but without registering it through the USPTO you would not be able to take legal action against another party if they used it without your permission. There may be times however, that another entity may purchase your service mark or have rights to use it—most especially if you sell them your business and transfer your intellectual property to them.

Protection of marks, copyrights, and patents is critical to any business, along with taking measures to make sure employees and independent contractors are aware that they belong to your company and are not to be ‘taken’ once they stop working for you, whether in quitting their jobs or finishing a contract. Employees currently working for you should also clearly understand confidentiality requirements which may be outlined in a non-disclosure agreement.

Contact Us for Help

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!

insurance companies

Insurance Companies and How Specific Parties Are Defined

Insurance may be required in some states for businesses or automobile owners, but most of us realize the value of coverage without having to be forced into buying it from the government or insurance companies—simply because we want to be protected from financial catastrophe, whether in terms of health care during an illness or after an accident, automobile accidents and liability, commercial liability, damage to the home, lawsuits over professional negligence, and more.

Understanding your coverages as well any limits or exclusions is critical. Most of us pay our premiums and sleep peacefully knowing we have insurance in place and a policy sitting somewhere in a drawer or a file. We hope and assume we won’t ever need to file a major claim. And as for that policy sitting in that drawer, it may not only seem like some pretty dry reading, but difficult to understand too. It is a legal contract though, so while the legalese is to be expected, you may have some trouble plucking out the main details that apply to you in the case of a major crisis.

One thing that can be very confusing is understanding how parties are defined by insurance companies and in the insurance policy itself. Mainly, differentiating parties is important for describing who would be getting paid by the insurance company in the event of a claim. It is actually very simple though by definition: the first party is the individual or business purchasing the policy from the insurance company. In such a ‘transaction,’ your insurance company is considered the second party as they take care of following through on the promises outlined in your contract/policy. The third party is another party who you are protecting yourself from, basically, as they may file a claim against you; for instance, if you own a business, there may be a claim filed by a third party if they experience a slip and fall accident on your property.

As the first party (say as the owner of an automobile insurance policy), if you have an at-fault accident where your car needs repairs, you must pay the deductible and deal with the insurance company—as well as repercussions such as increased premiums and possible points against your license. Are you concerned about a recent claim, or are you trying to understand your insurance policy? If a dispute over a claim cannot be easily resolved through a call or written communication, the Bolender Law Firm 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!

ERISA

ERISA: Understand How It May Affect Your Benefits

The Employee Retirement Income Security Act of 1974 (ERISA) was enacted solely for the protection of employees and all promised to them from their employers regarding employment. Over the years that has expanded to health plans and other benefits too. According to the United States Department of Labor, ERISA currently covers approximately 684,000 retirement plans, 2.4 million health plans, and 2.4 million additional welfare benefit plans—affecting 141 million workers in the US, with over $7.6 trillion in assets.

Just over half of the employees in our country are being offered retirement and/or health benefits as ERISA is meant to work on their behalf in seeing that pension plans and other benefits are handled responsibly by employers and fiduciaries. If you have a retirement plan or other benefits at the company you work for, ERISA protection should affect you positively as those you work for are held to particular standards in terms of making sure that you not only receive what you were promised, but that they also are completely open in allowing you access to your plans and all that is involved within them.

“More than half of America’s workers earn health benefits on the job, and ERISA protects those too, as well as other employee benefits,” states the United States Department of Labor.

Through ERISA, employers are required to make sure employees are apprised of their benefit plans. ERISA administration also makes the rules regarding items such as:

  • Plan participation for employees
  • Vesting details
  • How benefits accumulate
  • Funding procedures

Accountability regarding fiduciaries is also one of the main requirements issued by ERISA – harkening back to the administration’s original mission to make sure companies do not mismanage plans, leaving employees with little to nothing – or even worse, embezzling money that was supposed to be set aside for pensions and more. There are strict penalties if ‘principles of conduct’ are not followed, meaning that they would have to pay back any lost plan funds. Employees are also imbued with the power to sue over such issues, along with the possibility of being paid through the Pension Benefit Guaranty Corporation if a plan is discontinued.

Whether you are an employer or an employee, you may have numerous questions about the complexities of ERISA and how it applies to you. If your benefit plan has been disrupted or denied, you may also need skilled legal advice form a law firm experienced in both insurance law and business law.

Contact 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 your behalf 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!

separation of insureds

Separation of Insureds Clause & How It May Affect You

Let’s face it: the insurance policy is not exciting reading, and many of us overlook it despite the importance such facts (and choices) could play in our future later–with terms like separation of insureds being a perfect example. Filled with legal jargon and long paragraphs that seem to take forever to get to the point, you may find yourself taking a snooze when looking over your policy. It is a critical legal contract though, and one that could affect you and your finances enormously in the future, should the need to file a claim arise. Be sure to understand who and what are covered and for how much, peruse information regarding changes and renewals, and read over any enhancements, riders, or special clauses.

Separation of Insureds Protects Multiple Individuals

The separation of insureds clause may seem complex to understand at first, but basically it means if there are multiple people being insured on the policy, they are each protected separately within the claim. The point is who is being sued, not where the lawsuit is emanating from—as additional insureds are taken care of within your commercial general liability policy. Also known as the severability of interest clause, this part of your commercial policy should state that all provisions will apply to everyone listed under your policy.

Know What Coverage is Required for Your Business

While your coverages for business insurance may vary, California does require you to carry workers’ compensation and unemployment insurance. Comprised of property and casualty insurance, the commercial policy is meant to cover all the physical aspects of your business as well as liability for any harm that may come to you or third parties due to an accident or other injury. Aside from what is required by the state, the rest is up to you and should be discussed at length with your insurance agent. Getting informed about your options and making sure your business is completely covered is vital to your future, as well as those who continue to work for you and may be protected through your policy. You may also need to add more insurance coverage as your business continues to grow over the year. Be sure to review your policies at least once a year and discuss any potential changes with your insurance agent.

Contact Us for Help Now

Are you concerned about a recent claim, or are you trying to understand your insurance policy? If a dispute over a claim cannot be easily resolved through a call or written communication, the Bolender Law Firm 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!

 

third party insurance

Third Party Insurance: Understanding Bodily Injury Coverage

You may consider yourself an excellent driver and find yourself worrying little as you travel on busy roads each day. Some of us have a short commute, while others are in the car all day for work or perhaps shuttling kids around from school to activities to appointments. If you live in a larger city, there is a lot of ground to cover for all of life’s responsibilities and the car may seem like your home at times; in fact, studies show that not only do US drivers as a whole spend over 84 billion hours behind the wheel each year, they spend 17 hours annually just looking for parking spaces!

And while the government overall—along with city administrators around the country—continually work to improve infrastructure and make the roads safer, traffic accidents and fatalities continue to rise overall, to include greater threat to bicyclists, pedestrians, and motorcyclists too. Negligence may occur due to distracted driving, motorists who are under the influence, drowsy, or those who are reckless in myriad other ways. Car insurance is not just a plus, it could save you from ruin—in terms of your physical and financial health.

For many car owners, insurance is purchased in a hurry as they are buying a new car or moving to a new state. It is easy to go with the required limits and get back to other tasks in your day, but always be aware how your decision on car insurance purchases could affect you later if there were a serious accident. Understanding how you and other parties are protected is key, along with deciding how much bodily injury coverage to purchase.

California is a ‘fault’ state in terms of car accidents, meaning that you must assume responsibility if you have an accident. Liability insurance is required as follows: $15,000 to be paid to one person if they are injured or die, and $30,000 to be paid total if there is injury or death to more than one person. Considering how astronomical healthcare rates can be, if a third party is injured, the bill could be enormous. Speak to your insurance agent about protecting yourself beyond basic limits, as you could be responsible for the medical bill of a third party that far exceeds $15,000.

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!

Commercial truck crashes

Commercial Truck Crashes: The Potential for Damage & Injury is Greater

You probably travel numerous roads each day for any number of mundane tasks. While there is the daily commute, other responsibilities call too such as carrying children to and from to school and activities, the endless grocery shopping, trips to pick up a range of different consumer items, and often visits to doctor’s office and other appointments. On most days, the drive will be just as uneventful as the day before, but chances are you will have at least one car accident in your life time. Busy roads, often with a melee of cars, trucks, motorcycles, bicyclists, and pedestrians, can be deceptively dangerous for everyone traveling—and in fact, car accidents and fatality rates continue to rise at an alarming rate, showing a 13 percent increase just over two years.

Trucks Weigh Exponentially More

Just as pedestrians and bicyclists are more vulnerable due to the potential of a 4,000-pound car striking them, cars (and everyone else) are at significantly more risk when hit by a truck—and mainly commercial trucks which could anywhere from 10,000 pounds to 80,000. In the case of an accident where a large truck hits a car, the collision could be much more complex as a smaller vehicle could be completely crushed, resulting in serious injuries if not death. There may be trailers involved and 18 wheels to contend with as trucks jackknife or contort with the pressure of a crash. Along with that, there is the concern of the truck’s contents at the time of an accident. While there may be many pounds of inventory, serious environmental hazards could arise with a chemical spill or other toxins.

Injuries in an Accident with a Truck Can Be More Serious or Fatal

If you were harmed in an accident due to negligence on the part of a commercial truck driver (or any other motorist), you could have sustained major injuries (brain injuries, spine and neck injuries, broken bones, and more are common) and been out of work temporarily or permanently. An experienced injury attorney should be the one to speak with any insurance adjustors who may call—and especially if they are prying for information or offering you a quick settlement. Keep in mind that their goal is usually to pay out as little for your accident as possible—and to tie up the case with as little time and effort as possible.

Contact Us for Help Now!

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!