Tag: Business attorney

Businesses May Not Be Aware of the Assets They Have in Intellectual Property

Posted by rainmakereditor on December 5, 2019 with 0 Comment

There are so many advantages to owning your own business, from the flexibility of making your own schedule to making your own money and deciding what to do with the resulting profits—to the excitement of creating a business model, making products, hiring a team, and managing it all your way. The challenges can be enormous, but in the end so are the rewards. Because of this, asset protection is crucial, and this may include some ‘intangibles’ too, such as intellectual property.

If you are lucky, you may have the potential of earning an unlimited income—and depending on your business acumen you may accumulate many impressive assets in a short amount of time. Among those assets likely are at least one or two ‘pieces’ of intellectual property. For most business owners, this starts with the copyright which may be applied for to protect what are termed “expressions of art,” but may be architectural structures, software, or more. Patents may be applied for to protect complex designs and new products.

Trademarks are critical too for so many businesses as they may encompass logos, symbols to appear on letterhead and nearly everything attributed to your company, as well as service marks (a subset of trademarks) which indicate the service that you provide to the public. This type of intellectual property is usually created at the beginning as part of your company’s foundation and may be with you for the lifetime of your business.

For some, branding mechanisms maybe very simple, and you may not realize the value or the need for protection of these types of intellectual property. You are the rightful owner of your intellectual property upon its inception; however, you could be left out in the cold if a legal dispute were to erupt over its use. Imagine though if someone were to steal your logo or idea! Without the proper registration, and the help of a skilled intellectual property attorney, you could be out of luck when it comes to pursuing legal action. And when you are considering whether you even need trademarks or logos or ‘branding,’ think about how some of the most basic symbols stand behind worldwide leading companies such as Nike or McDonald’s.

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!

Exiting Business Partners & Confidentiality Agreements

Posted by rainmakereditor on December 3, 2019 with 0 Comment

If you have just opened a new business, you may be working with a partner—or you may have multiple business partners involved, all bolstering your business up in different ways, complementing each other with different skill sets. Some of us enter into business with a partner because we have been working on a business idea with them for years; in fact, you may have even gone to grade school or high school with your business partner and the company you now own together may have been a lifelong dream as you created a particular product or service and collaborated throughout the years to refine it.

You may have inherited a family business and learned to adapt to working with business partners who were already there. You may have also brought in investors or promoted employees to partners due to their impeccable level of work and personal investment in the company.

No matter your relationship, and no matter how solid or friendly it may be from the beginning, a business contract is a must. Not only will this outline the most basic details of your business partnership – from who is involved, what their titles and duties are, including financial information and profit disbursement details—but you can handle some potential planning for the future that could be difficult or awkward to handle in the moment.

Mapping out dispute resolution clauses are one great example. At the time you are writing your contract, chances are you’re not angry or put out with each other, but should conflict or issues arise, you will already have an outline for how a dispute will be handled, whether in litigation, arbitration, or mediation, along with what county to meet in, and even who will pay attorney’s fees. Beyond that, however, there are other important issues to address in a contract, such as the exit strategy. This is again, a topic that can be difficult to handle at time, so with an outline already delivered in the contract, everyone knows what to expect.

With an exit strategy, you can make plans for nearly everything—from what happens if you decide to leave the company, if you die, if you get divorced, to discussion regarding mergers, buyouts, and more. Along with that, it can be critical to the health of a business to have a confidentiality clause that ensures all trade secrets stay where they belong: at the office.

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!

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!

Business Disputes: Parties Are More in Control During Mediation

Posted by rainmakereditor on November 29, 2019 with 0 Comment

If you have become involved in legal disputes or business disputes with another party, the situation may be so stressful that you feel like your life is spinning out of control, consumed by conversations and concerns over the conflict, as well as worrying over pending court dates and all that could happen. In many of these cases, the tussle between everyone involved becomes little more than the urge to win—and later, many just want it all to be over.

In mediation, motivation plays a large part in the success of reaching an agreement that everyone can live with. Voluntary mediation means that the parties involved are amenable to reaching a settlement and having an open discussion about the problems at hand, even if that is not particularly easy. With the help of a neutral third-party such as the mediator—prodding the discussion along and offering encouragement and new ideas for communication during a stalemate too—those involved may find themselves not only saving money, but exorbitant amounts of time too; in fact, a legal dispute may be over in hours rather than months.

The mediation gives everyone involved in a legal dispute greater latitude, in comparison to the structure of the courtroom and the public in attendance. Mediation is confidential, unlike a courtroom setting or case—and basically the individuals involved can sit down and talk in a relaxed manner. The mediator does not decide or sway the case in any direction, and is there when help is needed for clarification, new direction, or more.

The individuals involved in the mediation can take the reins in pointing out why they are at odds, what they need from the other side, what they would agree on, and more. Working from a strong starting point, others involved can also explain their stance and move on to negotiating the finer points of a settlement. The mediator sometimes needs to step in further toward the end when the parties in dispute may have begun to grow weary or frustrated and begin to lose sight of the end goal.

In the end, the mediator draws up all the paperwork to be signed and submitted to the court. Once everyone involved has given their signatures, the document is binding, and everyone is expected to put the agreed upon resolutions into action.

Partnership Contracts Can Protect the Health of a Business

Posted by rainmakereditor on November 25, 2019 with 0 Comment

In your lifetime overall, and in your life as a business owner, you will be responsible for creating, reading, authorizing, and signing a wide range of contracts, from vendor agreements to partnership contracts. Such action begins when you found your company and form your corporation, LLC, or whatever type of organization or structure you have chosen. From there it may seem as if the contracts just never stop. If for example, you are opening a restaurant, once you choose vendors, they will be showing up with a multitude of contracts to be signed. Once you have decided on a site for your business, more contracts arrive in the form of real estate or lease agreements, insurance policies, and more.

The partnership contract, however, is one of the most important. Not unlike a marriage, the person you enter a corporate relationship with could have the ability to make or break your business—and your livelihood too. Conversely, this person—or group of people—could also be the catalyst for changing your life in every way as you put a successful business model into motion, create intellectual property such as the trademark and service mark, hire a team, develop marketing to bring in the clients, and so much more.

Strong partnership contracts can protect your business from ruin, as well as helping you to know what to expect in the future as the inevitable changes will occur. On inception of your company, the partnership contract should outline who is involved in the company and in what capacity. This means including their job titles, duties, and pay—especially profit distributions and what percentage they will receive, and when. These items are some of the most important as they help fend off disagreements or resentments later about who is doing what.

The partnership agreement should also detail exit strategies. While this may seem like an awkward subject to bring up, it is highly likely that there will be changes of some sort in the future—and especially if there are multiple business partners. Developing an exit strategy while everyone is still invested and getting along allows you to create a sound plan for handling resignations, buy-out strategies, and more, to include what happens if one partner dies.

And just as important is the dispute resolution clause, again, allowing for planning before anyone has ended up in dispute. Being able to plan ahead of time means deciding on whether to use litigation, arbitration, or mediation in the event of serious issues, along with deciding where such issues will be resolved—and who will pay attorney’s fees if there are any.

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!

After the Patent Expires—Understanding the Public Domain

Posted by rainmakereditor on October 15, 2019 with 0 Comment

Intellectual property law is complex, and many entrepreneurs may not only feel too busy to understand IP in terms of application and registration, ownership—and ultimately, protection of the future—but they may also be intimidated by the entire process, and especially when filing a patent. No matter what though, IP is important to your own personal creations and those of your business. Intellectual property allows the global economy to thrive as invention and innovation are encouraged around the world. With your intellectual property duly protected, you also then have the free time required to focus on your business and expand research and development activity.

Patents can be extremely important for inventors, and especially valuable to a business focused on creating products and processes, for example. Dealing with a patent, and applying for one is best achieved with the help of an experienced intellectual property attorney who can help you determine what type of protection you actually need as well as searching to ensure there is not already a patent for an identical or similar invention. A skilled attorney will help you through the overall process of applying for a patent, as well as dealing with issues that may arise before you gain final approval. Getting a patent usually takes around a year or more, and you may have to jump through some hoops before you attain your goal.

But what happens if you go to all that effort, not only to bring forth innovation but then also to apply and register it, only to have your patent expires after around 20 years? While this can be good for the public domain in terms of innovations and processes that are in demand, you may be worried about what will happen once details of your invention emerge. And while you may be able to hold onto some of your trade secrets, once a patent is in the public domain that means that others have access to your prized work whether you wanted that to be the case or not.

There is also the chance that you may release your work into the public domain deliberately, allowing anyone to use it without permission—or you may release it into the public domain with restrictions on it too. None of these actions are recommended without the help of an experienced intellectual property attorney, however. 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!

Why You Should Speak to Your Attorney About Non Compete Contracts

Posted by rainmakereditor on September 5, 2019 with 0 Comment

Most business owners are aware that their companies are only as good as their employees, but paperwork like non compete contracts are often necessary. You can have the best business model in the world and the greatest product to sell, but without an excellent team of employees to keep all the cogs in the machine spinning, there is nothing. Whether you are a new business assembling a team, or a well-established company maintaining a group of great employees and hiring intermittently, you may need to farm work out to independent contractors at times or bring them in as specialists.

Independent contractors may only be part of minor projects at times, but in other scenarios, they could be responsible for the bulk of the work in an important project, and they could also be the ones behind creating a significant intellectual property like patents. And while such creative results could be an incredible boost to your business, even opening new doors to innovation and establishing your position within an industry, it is critical to protect not only information and data surrounding your business but also whatever products are created there in exchange for payment to full-time employees or contractors.

Questions regarding how to handle hiring independent contractors are very common, and especially in California where it is vital to make sure that they are classified properly, along with following all IRS guidelines. Along with that, you should speak with an experienced business attorney from an office like the Bolender Law Firm about creating a comprehensive independent contractor’s agreement. Your attorney may create specific contracts each time depending on who you hire and the importance of the work, or they may be able to help you develop a template that you can repeatedly follow throughout the years in hiring.

The contract/agreement should outline how long they will work for you and in what capacity, pay information and any benefits offered to contractors, confidentiality regarding the company itself and any projects they are working on, details on ownership rights and a clear description of repercussions should those be violated, along with any other details regarding their time of temporary employment (although feasibly this could be years). Your attorney may also want to create a nondisclosure agreement or make amendments later.

Do you need legal assistance with a business or contract issue? 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!

When Another Party Blatantly Steals Your Copyright

Posted by rainmakereditor on August 29, 2019 with 0 Comment

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!

Business Partnerships: Do You Share the Same Future Vision?

Posted by jbolender on August 1, 2019 with 0 Comment

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.

Business Partners: Resolving Disputes Within the Company

Posted by jbolender on May 30, 2019 with 0 Comment

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

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

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

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

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

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!

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!