Mediation

Mediation Can Be Much More Successful—and Less Stressful

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Businesses thrive on structure. The established team needs to show up, do their part, and keep the customers happy and coming back. As the owner or manager, however, your day probably includes a long, complex list of duties to be checked off from beginning to end. There are the finances to deal with, employee schedules and requests, meetings, inventory issues, marketing campaigns, and so much more. The last thing you need is a legal conflict, whether it involves an issue with an employee, a business partner, vendor, or another commercial entity you are butting heads with.

Mediation Offers Respite from the Clogged Court System

No matter which side you are on, heading into a court battle can be intimidating—and it may take a long time to reach a resolution; to begin with, your court date may be months ahead. After that, you could be forced to deal with continuances, appeals, and more. Most of us become frustrated with the crowded calendars, inflexibility in scheduling, and so much more. The truth is though that judges and court administrators are often doing all they can to eliminate clogging in the courtrooms. Many cases may be directed toward other methods of resolution such as arbitration or mediation, or they may be voluntary.

Mediation is popular for many parties engaged in conflict as they realize even in the throes of a dispute that they may not want to destroy a long-term relationship. The key is not so much in ‘winning.’ but reaching an agreement that both parties can live with. The setting tends to be much more casual, and mediators are usually able to work around the schedules of everyone involved; in fact, they may even agree to hold mediations on Saturday or Sunday, or after work hours during the week.

The Mediator Guides the Parties to Reach a Resolution

The relaxed atmosphere, combined with neutral assistance from the mediator, allows for most mediations to be successful. In a voluntary mediation, the mediator often makes a point to meet with the parties separately, before proceedings begin, to gain an understanding of the main issue and to begin formulating a path for resolution. The mediator does not decide the case but is tasked with keeping the disputing parties on course and helping them think outside the box when necessary, to attain their end goals. Once an agreement has been reached, the mediator is responsible for drawing up the documents to be signed—and once they are, the mediation is considered enforceable with all parties expected to hold up their ends of the bargain.

Call Us for Help 

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!

Bad Faith Insurance Practices

Five Reasons You May Need to Sue for Bad Faith Insurance Practices

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You may have several different insurance policies you are responsible for, including auto insurance, homeowner’s insurance, and a range of different insurance coverages for your business–none of which you probably ever expected to have to deal with bad faith insurance practices on. And although the details of each policy may sometimes seem overly complicated and hard to understand, the idea behind purchasing insurance is simple: you pay your premiums and the insurer agrees to pay out for the agreed upon items if there is a loss. And although some claims may seem to have some understandable gray area or offer ways for the insurer to wiggle out of paying, there are many cases where they are just hoping to settle for as little as possible, and with minimal time and effort expended.

The best-case scenario is for a claim that is cut and dry—and one that leaves you with as little trauma as possible in the end. Unfortunately, bad faith insurance practices are not uncommon today. Here are five reasons you may need to consult with a skilled bad faith attorney from a firm like the Bolender Law Firm though if you are not able to reach a suitable agreement:

  1. Lack of investigation – this can be incredibly frustrating for you as a policyholder if you are left waiting endlessly for resolution to your case, only to find out that the insurer has not even performed an investigation or that the claim has been denied with virtually no research or attention paid to the details.
  2. Delay tactics – again, being made to wait indefinitely with no results can make for a tortuous experience as the insurer tries to ‘wait you out,’ hoping you will have weakened resolve when it comes to accepting a settlement, or that you will forget about the process altogether.
  3. Lowball offers – if you have been injured and unable to go back to work or are in financial straits, insurers may hope to take advantage of your situation with a quick and lowball offer. Their goal is to make big profits each year and paying out as little as possible is almost always their mission.
  4. Denied claims – when an insurer outright denies a claim that may be completely valid, it may be an example of bad faith practices. Such behavior means that you must work with your attorney to uncover the problem and prove that your case is indeed valid and that you should be compensated.
  5. Intimidating or threatening behavior – it is no secret that while adjusters usually start out in a very friendly manner, they could become quite intimidating while collecting details about the case. You need a skilled attorney to field all questions and give out information; not only that, insurance companies usually have much better behavior when they realize they are dealing with legal professionals.

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 Enforceability

Mediation Enforceability: What Affects This?

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Although mediation has been a popular form of dispute resolution for decades, many parties involved in legal issues are surprised not only to find out that the process is available as an alternative to litigation, but also that Mediation Enforceability is possible. Whether or not you have ever actually been in a courtroom, you probably have a good idea about how formal the setting is, and know that it can be a long and drawn-out, expensive endeavor—not to mention stressful.

Many court dockets are so heavily packed today that mediation (along with arbitration) is encouraged, and in some cases, it is a required part of the process. Mediators are expected to work with the parties, who in business disputes are often extremely motivated to reach a compromise not only so that settlement figures don’t reach exorbitant highs, but also because they may have enjoyed a long-term (and lucrative) relationship that they do not want to see go south. Disputes may be with internal business associates such as employees, managers, or partners, or they may be with vendors, other business owners, or commercial entities.

The setting for mediation is much more relaxed than the courtroom, the cost can sometimes be exponentially less, and scheduling is so much more flexible that the parties involved may be able to meet after hours or on weekends. In voluntary mediation especially too, the mediators can take the time needed to learn about the case, often meeting with the parties ahead of time to gather details and begin thinking about the best approach for that mediation.

There are some who question the enforceability of mediation; however, if an agreement is reached by the parties originally in dispute, and all the proper documents are signed, it is considered enforceable. This means it is indeed recognized in a court of law and everyone is beholden to the details of the settlement. The mediator is usually responsible for drawing up the agreement, although in some cases attorneys for either or both parties may review the documents or draw up even more formal legal documents following the mediation. If any of the information in the final mediation documents is later challenged successfully, the mediation could be proven unenforceable.

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.

partnership contracts

Partnership Contracts in Business—How to Avoid Disputes Later

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Every business is different, but one central theme prevails in all: you cannot do it alone. And while many business owners may be able to create and start up a business by themselves, there is usually a strong team put quickly into place, responsible for a variety of different tasks—from customer service to accounting to human resources. For one reason or another though, you may be founding a new company with one or more partners on board. Many entrepreneurs find this a healthy way to enter the business world, brainstorming and innovating with other like-minded individuals, as well as being able to share responsibilities for startup capital, the workload, and even some of the stress and anxiety involved.

You May Spend A Lot of Time with Your Business Partner

In a partnership, you have one or more business peers to lean on, whether that is financial or not. The relationship can be like a marriage in many cases—and sometimes it may seem like work obligations force you to spend more time with your business partner than you do your spouse. With nearly 30 million small businesses registered in the US today, that makes for a lot of partners—and unfortunately, disputes too. No one likes to see a long-term relationship with someone they have worked with go downhill though, and especially not one that escalates into a nasty court battle.

A Thorough Partnership Contract Could Save You Later

Just as with so many trusting couples who dismiss the idea of prenuptial agreement, partners in the initial glow of the business startup may neglect to create the proper partnership contracts. Getting started on this paperwork while the going is still good is key however. While it may seem awkward at first, setting up all the rules of the partnership at the beginning means you can formulate a plan not only for how you will proceed at the start—but also the end.

The basics should be covered as to which titles each partner will hold, decision-making power, job duties, and how profits will be disbursed. Just as important though are exit strategies discussing what will happen should one or more partners decide to leave—or what will happen to their shares if they die. A dispute resolution clause may prove indispensable later too, giving you the flexibility ahead of time to choose whether any legal issues would be settled through classic litigation processes or alternative dispute resolution instead, such as arbitration or mediation.

Contact Us for Help

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!

Policyholder issues

Policyholder Issues: Why is the Insurer Going to Such Lengths NOT to Pay?

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At the time you purchased a policy from your insurance company, chances are the experience was quite positive as you dealt with an upbeat insurance agent who listened to your needs and any policyholder issues, put together a package that sounded just right for you, and then took a check as you signed away. The policy got tucked away in a drawer somewhere in the home or your office, and as you paid your premiums monthly, quarterly, or annually, you were able to sleep at night with the peace of mind in knowing that you were insured. This means that you expected to be covered if you were sick or harmed—and you expected your home, business, and livelihood to be covered also should something go wrong.

Let’s use a car accident as an example. This is a typical area where insurance agencies may become aggressive about not paying out—and especially if it is the insurer for a negligent driver who caused you to become injured or debilitated and may have even been responsible for killing other passengers during the ensuing accident. As slow as they are to pay out, insurance companies tend to be as fast as lightning when it comes to calling after an accident; in fact, you may have not even made it out of the emergency room before adjusters start calling with questions. And while giving out basic information is not too detrimental to your case, it is important to refer any insurance calls to your attorney immediately.

If you do not have legal representation, adjusters may attempt for a free-for-all in gaining information—even asking for medical records and to tape record your conversation. It is important to understand that deep down they are not as friendly as they may seem, seeking any information possible to use against you should a legal case develop due to the accident. As to why they work so hard not to pay you? Even though you may have been severely injured, may be unable to go to work again, and may have had your life torn apart by an accident or other event, insurance companies don’t report billions of dollars in profits each year due to being nice; in fact, their adjusters and other representatives are trained to settle cases quickly, with as little effort and expense as possible. They are often motivated by bonuses and other compensation for keeping company costs down too. Along with that, insurance companies have vast financial and legal resources—which is why you need an attorney if you have been injured due to the negligence of others. And if you suspect the insurance company is practicing bad faith in not paying out a claim, turn to an experienced firm like the Bolender Law Firm.

Are you concerned about a recent accident, 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!

Automobile accident

Automobile Accident: Do You Know What to Do Afterward?

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You and your family probably spend a lot of time in the car, usually without the worry of an automobile accident; in fact, you may feel like you live there more than your own home due to what could be a lengthy commute every day, further travel for business trips, typical errands, and drop-offs and pickups for kids. It is easy to let your guard down and almost drive on auto pilot sometimes, but with traffic incidents continuing to rise in the US, extreme diligence and defensive driving are more important than ever. This goes for anyone on the road too, whether you are in a car, driving a motorcycle, riding a bike, or walking.

The reality is that in nearly any journey you will pass distracted drivers who can’t tear themselves away from their cell phones, those who are speeding, ignoring traffic rules, or even driving under the influence of drugs and alcohol. Their negligence may put you at risk for a car accident at any time, meaning that you should be prepared far ahead of time to know what to do afterward. Here are five of the most important tips:

  1. Stop the car and take just a few moments to catch your breath and collect yourself after the trauma of an accident. The adrenaline flow afterward will be significant, and it is important to try and get your bearings, so you can then establish whether you or anyone else in the car are injured, as well as checking on the other parties involved.
  2. Call the police immediately and file an accident report, as well as making sure medical help is on the way in the case of injuries. Make sure to note the police officer’s name and badge number and ask for a way to get in touch with them afterward.
  3. Trade all pertinent insurance information and contact information with the other motorist(s).
  4. Take pictures. If you can snap photos of damage to both cars, along with the license plate of the other vehicle. It may also be helpful to have any photos of the entire traffic area, including where the accident occurred, traffic signs, crosswalks, and stoplights.
  5. Ask any possible witnesses for contact information also, as this may be the only time you ever see them again and they could be vital to your case.

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!

Homeowner Details

Homeowner Details: What to Know About Your Insurance Policy

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Homeowner details can make up a long list, but insurance is usually at the top. For most of us, the home is where the heart is. It is also meant to be a place of security and comfort, a haven from the outside world and work, and a place to lay our heads down at night safely. Aside from other real estate or storage areas, the home usually holds most of our worldly possessions too. The structure is a significant asset itself though—and if you have just purchased a home or had one built, it may be one of the biggest investments you ever make. Protecting it is key, and to do so you need good homeowner’s insurance.

Your insurance agent probably led you through the details of your policy upon purchasing it, but you may have found yourself signing on the dotted line without completely understanding some of the key points. Following are five things you should understand about your homeowner’s insurance policy:

  1. It will be required by your mortgage lender – unless you have purchased your home outright, or have paid it off, homeowner’s insurance will be a necessity before you can close on your home.
  2. Dwelling coverage – this usually covers any damage that occurs to the home, to include other structures on the property as well as the garage area of the residence. This coverage should mean that you have more than enough to pay for construction costs in rebuilding the home if necessary. While valuing the real estate is important, it is critical to consider this coverage in terms of the actual math for doing a rebuild.
  3. Personal property coverage – covering the contents of your home, this part of the insurance kicks in whether your possessions are damaged or lost due to an unfortunate issue such as a burglary. There may be limits on typical items like jewelry, guns, collectibles, and more though.
  4. Liability and medical payments – while this may be one of the items you think about least for homeowners, it is a standard but critical part of your policy. This coverage protects you if someone were to hurt themselves on your property (in a slip and fall accident, for example), as well as paying for medical expenses.
  5. Extra coverages may be required ­– in California especially, be aware that earthquake and flood insurance are not provided in the standard policy, along with coverage for other disasters like landslides or environmental issues. These types of coverage must be purchased additionally, and often there are state plans available for items like flood insurance.

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 strategies

Business Strategies: Figure out Partnership Exits at the Beginning

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While some business owners employ many different business strategies and some prefer to fly solo, many others find that their companies thrive with the boost of one or more partners; in fact, if you do have business partners, these could be individuals you have known for many years—and they may have been integral in helping to develop your business model, products, intellectual property, and more. The key to a successful business partnership is much like that of any relationship: communication is key, along with a clear outline of what is expected of everyone.

Speak to your business attorney as soon as possible about having partnership contracts drawn up, defining titles, delegated duties, and information regarding profits and how and when they are to be dispensed. Even more important though is the exit strategy. And although this might seem like a negative thing to be considering from the beginning, the reality is that many partners do go in different directions over time, and it is better to have a plan while everyone is on good terms. This gives stability for the future too, as everyone knows what the plan is should one partner or another wish to depart or sell their shares.

The exit strategy for partners should include establishing the value of the business and then giving one or more partners the right to buy out their shares if that was the agreed upon plan; otherwise, they may want to leave their shares to family members or sell them to individuals from outside the company—a move which could lead to surprising complexities for existing partners who may later wish they had taken the chance to buy out the exiting partner.

Another important quotient in the business partnership contract is a dispute resolution clause. Again, deciding on such details before anyone is angry or suing can lead to a much better outcome later should a dispute arise. Dispute resolution clauses can be extremely detailed, outlining what type of method would be used, whether litigation, arbitration, or mediation. They may also be used to indicate where the resolution would take place, and who would be responsible for paying any attorneys’ fees, should that be an issue.

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!

Intellectual property

Protecting Intellectual Property: Selecting the Right Mark

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In the business world, you will often hear about blood, sweat, and tears being poured into companies—despite how long they have been around. The marketplace can be extremely competitive, no matter what type of industry you are involved in, and most likely every move you make for your company is taken very seriously. You may have created new products or new services recently, perhaps even hiring independent contractors. Marketing campaigns usually follow, often with new client lists to target, press releases, launch parties, the social media blitz required for today, and more.

It is critical to keep your business, your brand, and your innovations and trade secrets—no matter what form they are created in—protected at all costs. Intellectual property law can be complex, so as your business continues to grow, you should consult with an experienced firm like the Bolender Law Firm to understand more about registering for the appropriate licenses.

While there is much to understand about copyrights and patents too, figuring out what type of intellectual property mark you want may be confusing. The bottom line is that you are working to protect your brand:

Trademark – many of these are famous around the world, from the golden arches, to that swoosh sign on footwear, alerting you to companies you are familiar with and may have purchased from far more than once. In your case, no matter the size of your business, the trademark should allow you not only to separate yourself from the rest of the competition and make you memorable, but in registering for one, you also ensure that you can take legal action against anyone who uses it without your permission. In most cases, having that registered trademark means it is yours.

Service mark – while the name for this mark is self-explanatory, many are not aware of the nuances of registering for variation on the trademark. Designating which services your company supplies to the public, the service mark (designated by an SM symbol, instead of TM) could be a slogan that cleverly explains what you do, and it falls under your intellectual property; again you can use this as your service mark without registering it, but you may not have the necessary legal recourse required if someone steals it.

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 attorney

Why You Need a Good Business Attorney—Sooner Rather Than Later

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Before your company came into existence, it’s likely you spent years daydreaming about what it would be like to own a business—whether you brought forth a new concept, product, innovative business model, or helpful service to the community–and hiring a business attorney was probably not on your mind initally. There are so many benefits to business ownership, beginning with the control you have over your daily life as opposed to working for someone else. Along with that, you may have the ability to provide something truly valuable to the public, along with hiring a team and working with business partners who you may form lifelong bonds with over the years. The financial rewards are often better (although those first few years can often be challenging!), and it is an incredible feeling to watch a business you created take off. That is why protecting your hard work with the help of an experienced law firm like the Bolender Law Firm is critical.

While many new businesses do not hire attorneys until they are in the middle of a legal dispute, having legal expertise on your side from the beginning is recommended as you establish the foundation for your business. Whether you are creating a sole proprietorship or a large corporation, your business attorney will help you understand the best route to take, taking your finances and goals into consideration—as well as any tax implications.

Once your business structure is in place, a business attorney should be there for you as you form partnerships, whether they are with business partners who will be working in your company, or outside relationships with vendors and other entities. Legal advice is often necessary as you hire independent contractors also, creating specific agreements and maintaining the proper rights to your intellectual property.

More serious matters will arise over the years inevitably too, and your business will be much more secure if you have already solidified a good working relationship with an attorney you trust. You may be forced to deal with legal disputes from employees or outside sources, as well as handling any other myriad complaints or lawsuits that could be lodged against your company—whether they have merit or not. Unfortunately, dealing with disputes over the years is often the cost of doing business in a dog-eat-dog world. And, coming full circle, your business attorney will be able to assist you not only as you re-work profit allocations with employees or business partners, buy other companies or commercial real estate, but also as you or partners exit the company—or sell out altogether.

If a business dispute cannot be resolved through a call or written communication, our attorneys will represent you 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!