On August 27, 2015 KAASS LAW filed docket number D.C. No. 2:12-cv-08356-RGK-JC with the United States Court of Appeals for the Ninth Circuit and challenged the district court's decision in granting Wells Fargo's motion for sanctions under 28 U.S.C. 1927.
This issue was raised for the first time in history on appeal by KAASS LAW. On appeal KAASS LAW made two principal arguments, however before hearing the second argument, the panel held that § 1927 does not permit the imposition of sanctions against a law firm. The 9th Circuit Court reversed and vacated the district court's order, holding that § 1927 does not permit sanctions against a law firm. Thus, the panel reversed the district court’s decision in granting Well Fargo’s motion for sanctions against KAASS LAW pursuant to 28 U.S.C. § 1927, and vacated the order imposing sanctions on KAASS LAW.
KAASS LAW argued the district court abused its discretion by imposing sanctions pursuant to 28 U.S.C. § 1927 because sanctions under that statute can only be made against an individual attorney, and not against a law firm.
KAASS LAW's second argument opposed the district court’s finding of bad faith. However, the 9th Circuit agreed with KAASS LAW’s first argument that the district court abused its discretion when it imposed sanctions against a law firm pursuant to 28 U.S.C. § 1927. Thus, the court did not reach the second argument.
KAASS LAW is authorized to practice law in California. The above content is intended for California residents only. This content provides only general information which may or may not reflect current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. KAASS LAW does not represent you unless you have expressly retained KAASS LAW in person at the KAASS LAW office.
KAASS LAW helps clients in: Los Angeles, Burbank, Hollywood, Glendale, Van Nuys, North Hollywood, Studio City, Highland Park, Eagle Rock, Sunland, Tujunga, Sylmar, San Bernardino, La Crescenta, La Canada, Beverly Hills, Westwood, Santa Monica, Brentwood. Pacoima, Montebello, Commerce, Alhambra, Downey, Bell, Maywood, Walnut Park, Vernon, Lynwood, Echo Park, Silverlake, Mission Hills, Northridge, Woodland Hills, Encino, Canoga Park, North Hills, Porter Ranch, Chatsworth, Reseda.
Los Angeles Personal Injury Attorneys and Accident Litigation Attorneys are Prepared to Help Potential Victim's Bring Wrongful Death Lawsuits.
A wrongful death lawsuit involves the deceased's estate or family member to bring a claim against a wrongdoer for causing the death of another, either negligently or intentionally. Wrongful death lawsuits fall into two categories: intentional deaths and negligent deaths.
Common examples of wrongful death cases brought under negligence include: medical malpractice, car accidents, bicycle accidents, motorcycle accidents, truck accidents, semi-truck accidents, medication errors, drowning accidents, slip and fall accidents, and defective products.
Usually, wrongful death claims are based on a theory of , victims must prove that the wrongdoer owed the deceased a, the wrong does breached that duty, causing damages as a result of the breach.
Most people recognize the term Initial Public Offering (IPO), but few truly understand its significance. An IPO occurs when a private company, for the first time, offers shares to investors and issues stock in exchange. At this moment, the company transitions from a private entity to a public one. This change is crucial for companies looking to raise capital for growth, pay off debt, or make strategic acquisitions. The IPO process involves several complex steps. Companies usually engage an investment bank to handle the underwriting process, which includes assessing the company’s value, determining the optimal price per share, and creating the means to offer these shares to the public. An IPO allows companies to tap into a broader pool of investors, enabling them to raise substantial capital to fuel operations and expansion plans.
Most startups aspire to go public, but several hurdles must be cleared before they are ready for an IPO. First and foremost, the company must prove that it operates smoothly, remains financially stable, and generates profits. Investors require assurance that the company has a , a strong management team, and a clear growth strategy. To prepare for an IPO, companies often undergo a thorough internal audit and restructuring to enhance their appeal to potential investors. This preparation may include improving corporate governance, optimizing financial reporting systems, and establishing a strong marketing strategy to effectively communicate the company’s value proposition.
Never leave the scene of an accident no matter how minor the accident. If you fail to do so you may be criminally prosecuted. Thus, when it is safe to do so, pull over and stop your car.
If any party was injured after the accident, it is imperative to call emergency personal. Do not try moving an injured party because you may further aggravate their injuries.
Instead, speak to them and keep them warm until help arrives. In the event that there is severe bleeding, try to stop it by applying direct pressure on the wound. Call the police at which point the police officer will take down all parties information, as well as take down any witness statements and may possibly write a police report. Usually, if none of the parties reported any injuries at the scene of the accident, a police officer will not write a police report.
However, the police report is a helpful tool when filing your claim with both your and opposing parties insurance company.
Under California law, Uber, Lyft, and other TNCs are required to carry an insurance policy containing $1 million liability coverage. Unfortunately, many times both passengers and pedestrians that have been injured by an Uber or Lyft driver’s negligence face a great deal of difficulties in recovering fair settlements. Our Ride-Share Accident Attorneys have helped many Uber and Lyft drivers that have been involved in accidents. Many feared being sued after their insurance company denies coverage under their insurance policy.
Next time you decide to use Uber for a night out in Hollywood, make sure the driver has the proper insurance coverage, such as Metromile, which is discussed below. Our Los Angeles Uber Accident Lawyer at KAASS LAW will frequently encounter the following questions: As Uber and Lyft passengers' what happens if we are not covered under an Uber or Lyft drivers insurance policy? What happens if the insurance company denies a passengers claim? What if Uber passenger sustained injuries and were rushed to the hospital? Will Uber pay for my medical bills, treatments, and other damages? How do drivers and passengers recover money damages? If you were involved in an Uber or Lyft accident or have any questions regarding ride-share insurance, Uber accident, Lyft accident, or any of the questions listed above, give us a call for a free consultation and maximize recovery for your Uber accident injury claims. represent Uber and Lyft drivers in Los Angeles, Glendale, and the San Fernando Valley.
Auto accidents usually create a great deal of difficulties and stress as it is, but recovering a fair settlement for damages can be the hardest battle. Negotiating settlement amounts with insurance adjusters can be a bit difficult without an attorney. Many times insurance companies offer low ball settlement offers for personal injuries sustained after an auto, motorcycle, or truck accident.
Living in Los Angeles our chances of being involved in an auto accident slightly increase. Whether we are driving in the city or on the interstate 5, 134, or 405 freeway.
Our Los Angeles personal injury attorneys at KAASS Law fight tooth and nail with insurance companies such as State Farm, Geico, Farmers, Hartford, Mercury, Access General, Wawanessa, and Allstate to help our clients receive the compensations that reflect their injuries. Our attorneys fight for a fair settlement or we take the case to trial.
After a car accident there are a number of factors that can maximize compensations for personal injury claims amongst other things. Extent of and type of injuries, type of treatment received, the extent of property damage, type of insurance coverage(s), and policy limits both you and third party driver(s) has.
There are a few steps a trademark owner can take once discovered a competitor or a competitor offering similar goods or services uses a mark, such as a company logo, that is substantially similar to your trademark or service mark.
Trademark infringement is the unauthorized use of a trademark or service mark. A mark that is substantially similar to your trademark may also be considered a trademark infringement. A trademark owner who believes its trade market or service mark is being infringed may file a civil action for trademark infringement. Generally, a trademark owner must present evidence that the similarities of the trademark or service mark can cause a likelihood of confusion to the average consumer. Specific factors are considered and weighted when courts determine the likelihood of confusion thus each trademark infringement action varies from case to case.
Lane splitting happens when a motorcycle drives between two lanes of stopped or slowly moving cars. Thus, many drivers will notice motorcyclists drive in between two lanes. Usually, we will notice many motorcyclists' split lanes during rush-hour traffic on interstate 5, i405, or 134 freeways. So what happens if an accident occurs while a motorcycle is lane splitting? Well, truth is, proving if the driver or rider was at fault can get a bit tricky. This may depend on a number of factors, such as if the driver or rider was speeding, driving recklessly, what the police officer determined or noted in the police report Is Lane Splitting Legal? Not all states allow lane splitting, but in California, motorcyclists are legally allowed to lane split. However, only if the rider acts in a reasonably safe and prudent manner.
Lane splitting can be the cause for accidents due to little amount of space to maneuver through. If an accident occurs while the motorcyclist is lane splitting, more times than not, the driver will blame the rider for the accident. Also, if the insurance adjuster or a police report finds the motorcyclist's carelessness or unsafe riding as the cause of the accident, the rider may find it difficult to recover damages. Thus, it is probably best for motorcyclists to immediately seek advice from an experienced motorcycle attorney. Hiring a may help preserve your claim. Also, one of the most detrimental things a motorcyclist can do is submit a recorded statement to the opposing insurance company. If you were involved in a motorcycle accident you call us directly and request a free consultation.
Running a small business or starting an startup business is an exciting venture that can lead to the financial freedom simple employees work their whole lives to attain. However, with the great rewards come great risks that can lead us small business owners to financial failures. Below are Ten Issues Startups Businesses Face:
Knowing what your business will be and how you will sell your products or services are not enough to keep it running. You need to have a business plan written out, including (but not limited to) the following:
Starting a small business simply because you want to be rich can lead to an unfulfilling experience, where you will always be looking for schemes that can bring you fortune. Before you do, think first about your own interests and passions. Do you believe you can give something of value to people at large? Are you driven enough to overcome the many inevitable obstacles an entrepreneur will face?
Business startups are gaining increased attention from possible investors and many opportunities are becoming available for startups with low funds looking to jump into the market. There are many different types of investments funds, before jumping the gun ask yourself which type of investment fund is the best fit for your business startup?
There are different types of investment funds and vary based on the level of regulation, objectives, and type of authorized investments. The Investment Company Act (ICA) regulates investment companies. ICA defines an investment company as issuer of securities that is engaged, holds itself out as being engaged, or proposes to engage primarily in the business of investing, reinvesting or trading securities. Generally, investment companies under ICA are heavily regulated and must register with the Securities and Exchange Commission (SEC).
Under the ICA, the main type of investment companies are so called mutual funds, which must register with SEC and comply with other requirements of ICA. In general, any legal entity that sells securities to raise capital, and then invests that capital in other company in which it is not a majority owner, is almost certainly an “investment company” under ICA. However, there are certain exceptions under ICA, in which case, under the ICA, the entity is not considered an investment company and is less heavily regulated.
Usually a representative of the deceased’s estate or next of ken can file an Wrongful Death Claim. All states, including California allow spouses to bring wrongful death lawsuits on behalf of their partner. Parents may also bring wrongful death lawsuits on behalf of their minor children.
Medical expenses that the deceased incurred, funeral and burial costs, loss of the deceased person’s expected income, and loss of consortium. A loss of consortium claim is brought for the loss of intimacy between spouses. In some cases victims may win punitive damages.
Bringing a wrongful death lawsuit can be a complicated process, thus if an deceased's estate or family member is considering bringing a wrongful death lawsuit should seek the advice of a legal professional. If you are interested in bringing a wrongful death claim against a medical professional, hospital, or other wrongdoer, call our 24-hour answering line and request a free wrongful death consultation from a Los Angeles personal injury attorney.
Investment banks play a crucial role in the IPO process by providing a range of services:
Does a business need to comply with specific regulations during the IPO process? Absolutely. An IPO is more than a financial transaction; it falls under strict regulations to protect investors and maintain fair and efficient markets. In the United States, the Securities and Exchange Commission (SEC) oversees the IPO process. Companies seeking to go public must adhere to SEC regulations, which include:
Understanding and complying with SEC regulations is vital for businesses considering an IPO. Noncompliance can lead to significant legal and financial consequences, including fines, legal action, and reputational damage. Therefore, companies must grasp the regulations governing their industry and the IPO process thoroughly.
If you are considering an Initial Public Offering, seek professional guidance to navigate this complex process. Consulting with a Los Angeles Business Startup Attorney can provide you with essential insights and expertise. At KAASS LAW, our attorneys understand the various regulations and steps required to achieve your business objectives. Whether you are preparing to go public for the first time or need assistance with compliance issues, we are here to help you maximize your potential for success.
After an accident, drivers are required to exchange information, such as your name , address, and insurance information. Including passengers or any witnesses.
It's important to remember that you do not have to give any information that the law does not require you to. Further, do not make any statements or comments with regards the cause of the accident. Specifically, DO NOT admit fault event if you believe that you were the one at fault. Many times, it is discovered that the opposing driver was equally at fault. No one has the right to force you to give an opinion with regards to the cause of the accident. whether at the police station or elsewhere. Keep in mind you have the right to consult with a car accident attorney before making any statement.
Make sure you right down the details of the accident, including the date and time, location of the accident, weather conditions and speed of all other vehicles.
It is always a good idea to seek medical attentions soon after if not immediately following the accident, including that of your passengers.
Notify your insurance company immediately following the accident. Cooperate with your insurance adjuster during the investigation.
However, prior to submitting to a recorded statement, including both your and the opposing insurance company, it is imperative that you seek consult from accident attorney. If you have been involved in an accident, you can request a free consultation with one of our accident attorneys. At this point do not admit fault and remember to always keep copies of all and any correspondence, documents, and reports for your personal records.
Many times insurance adjusters will use various tactics and ask you questions that lead you to admit fault of the accident.
Consult an attorney if you are unsure about your rights and remedies. In most cases an experienced accident attorney will increase your personal injury settlement claim and guide your throughout the entire process.
Recover damages for your injuries: You are entitled to recover money damages for injuries sustained due to another drivers negligence. If the opposing driver is found to be at fault or even partially at fault you may also be entitled to damages from the opposing insurance policy as well. Further, if you sustained any other losses, such as missing work, loss of use, you may also be entitled to reimbursement under your personal insurance policy.
You may be entitled to recover money for the following:
California Insurance Commissioner allowed Uber to obtain additional liability coverage through an insurance company called, “Metromile”. Metromile Insurance Company offers drivers the opportunity to add coverage on top of their personal auto policy. If your driver has additionally liability coverage with Metromile, it goes into effect as soon as they turn on their app. In other words, once an Uber driver, begins working and turns on the Uber app, liability coverage with Metromile goes into effect.
What if I sustained injuries?
What should I do next?
Give us a call, our attorneys speak English, French, Spanish, Russian, Armenian, Hebrew, Farsi, and Arabic.
In order to achieve a positive outcome and increase your compensation your attorney must prove your claim. Several elements apply when proving your personal injury claim, such as:
It is a good idea to speak with a trademark or intellectual property attorney to gain a better understanding of your rights and remedies. A California trademark attorney can help explain the process and evaluate whether or not you have a solid case. If you are unable to hire or consult with an attorney, there are also a few immediate steps you may take if you discovered that there has been a trademark infringement:
Absent of legal representation, you can also write a letter to the company or person requesting to stop the use of trademark activity. A cease and desist letter may cover a number of issues, including but not limited to:
If the infringing third party failed to cease and desist infringing activity, at this point it is recommended that you hire an intellectual property or Los Angeles business lawyer that specializes in trademark infringement in order to take appropriate legal action to protect your proprietary rights. KAASS Law may be able to provide you with legal assistance.
If you or a loved one has been involved in a motorcycle accident we invite you to contact our Los Angeles motorcycle accident attorney at (310) 943-1171 for a free consultation.
Small business entrepreneurs usually come into their industries with little to no knowledge of handling the multiple facets of a business such as financial management, employee relations, advertising and other essential responsibilities. Educate yourself through short business and finance courses, or hire managers who have expertise in the fields where you are lacking.
Some entrepreneurs think they will be making profits for their beginning operation cycles, spending most (if not all) of their resources immediately, only to find out later that they will not have enough funds to start the succeeding cycle(s). Consider every possible cost (overhead, production, equipment, etc.) and save enough money that can be used for at least one fiscal year despite poor sales.
It is not enough to set up a store at a location with high human traffic or with a very cheap lease. Opening a restaurant near a school campus can seem like a good idea, but don’t expect too many customers if the food is expensive and there are much cheaper alternatives around.
You need to consider your target market and their habits, as well as the direct competition in the area. Don’t be afraid of spending on prime location, as the increased rate of customers coming into your store and making a purchase will make up for the initial cost.
In this age of high-speed information, people expect to find just about everything on the Internet with their computers and mobile devices. Not having a website or at least a social media page will render your business virtually invisible to a great majority of the world’s population.
You can hire professionals to create a website for you or put up the website yourself. Make accounts for your business on Facebook, Twitter and other leading social media platforms where your target market can usually be found.
Growth is a good thing unless it is left unchecked and your generated revenue can’t keep up with the expansion. If your business experiences great success, do not be overeager to spend your profits by immediately buying more equipment or opening up new stores. Stick to the strategies you have set so you can still grow without bankrupting the business.
Cash is the lifeblood of any business, and there will be no business once that runs out. Therefore, it is imperative that small business entrepreneurs practice strict financial record-keeping so that every penny is duly accounted for. Knowing exactly how much money is going in and out of your business will correctly guide every decision you make.
Having a great business plan will amount to nothing if each objective is tackled with incompetence. Employees who are lazy, dull, bad-mannered and unmanageable will not just cut down on productivity, but will also have a negative effect on the work environment and customer/client relations. Follow strict hiring guidelines and subject your hires to rigorous training to ensure quality output from each one.
A small business needs to market its brand considering the tough competition it will face against more established businesses. You need to invest enough resources into promoting your products through the right channels. This is so your target market knows exactly that you can fulfill its needs. Online marketing is a must these days, but you should not ignore the physical reach of traditional marketing methods such as brochures, flyers and business cards.
Ultimately, it is a matter of planning out your overall strategy, assessing your own strengths and weakness, and keeping a good eye on all of your resources—be it financial or human. Consider each of these possible pitfalls, and you can find your small business not just surviving, but thriving in this competitive world.
A hedge fund is an investment vehicle that pools capital from a number of investors and invests in securities and other instruments. Generally, hedge funds share most, if not all, of the following characteristics:
In order to register a hedge fund under ICA it must fall under an exception of the act. ICA Section 3(c)(1) provides an exclusion from the 1940 Act for any fund that satisfies two requirements: (1) it must not be making or proposing to make a public offering of its securities; and (2) its outstanding securities must be beneficially owned by not more than 100 persons. Founders of hedge funds generally rely on this exception.
Hedge funds can be organized in a number of different structures and jurisdictions. Generally hedge funds are organized as limited partnerships or limited liability companies, which is preferable for tax purposes. Many parties are involved in the day-to-day operations of hedge funds, among which the most important is the Investment Adviser/General Partner. Overall management of a hedge fund, including decisions about portfolio investments, is typically the responsibility of either a general partner or a separate fund manager. Many hedge fund managers are registered as investment advisers under the U.S. Investment Advisers Act of 1940 (Advisers Act), although some exemptions from registration are available. For those interested in learning more can visit The California Hedge Fund Association which was founded to foster the growth and development of the hedge fund community in California.
Advisers Act is the federal statute that regulates most investment advisers doing business in the United States. Generally, investment advisers must register under Advisers Act, unless an exception applies. Where a hedge fund manager is unable, or chooses not, to rely on a registration exemption, it must register as an investment adviser, either with the SEC or a state. Advisers whose activities are deemed to be more national in scope, that is, those with $100 million or more in assets under management, as well as those in states that do not regulate advisers, must register with, and will only be subject to the regulations of, the SEC.
In general, investment advisers are responsible for recommending or selecting, based on discretionary authority, portfolio investments in accordance with their client's objectives and policies. Frequently, investment advisers place portfolio orders with broker-dealers and are responsible for ensuring best execution of client transactions. Even if investment advisers are not registered under Advisers Act, they are subject to a number of Advisers Act provisions, most notably the antifraud provisions and certain additional reporting requirements.
Although hedge funds do not need to register with SEC, hedge fund managers need to comply with a host of special reporting, disclosure, privacy and information-protection requirements. Many of these requirements are in addition to those imposed on registered fund managers by Advisers Act, and include regulatory reporting requirements, providing information to investors, privacy and information-protection requirements. Depending on investment activities, fund managers may be subject to record-keeping or reporting requirements of SEC and other regulatory authorities, such as the U.S. Department of the Treasury, the Commodity Futures Trading Commission, the Federal Trade Commission and others. Fund managers investing in non U.S. securities also must be cognizant of any similar requirements under foreign laws and regulations that may apply.
Private funds do not need to register with SEC if they fall under an exception of ICA. By structure and registration rules other private funds are similar to hedge funds. A common type of private funds are private equity funds. A private equity fund generally invests in non-public companies. Many variations of private equity funds exist, including venture capital, leveraged buy-out and mezzanine financing funds.
Private equity fund, the fund manager typically seeks capital from a number of sophisticated or institutional investors in the form of "capital commitments," which are generally fairly substantial in size, such as $5 million or more from each investor. Unlike the typical hedge fund, which accepts additional investments from investors throughout the fund's life, a private equity fund is generally a closed-end vehicle, meaning that after one or more fundraising stages, or “closings”, new investors are not accepted.
Unlike hedge funds or registered funds, which usually invest mainly in liquid, publicly traded securities, a private equity fund typically acquires large blocks of privately placed, generally illiquid securities from issuing companies. A private equity fund's success depends upon its portfolio companies increasing in value, often substantially, after several years and the fund being able to dispose of its holdings.
Small business investment companies (SBIC) are federally licensed entities employing, in part, federal funds and are subject to broad regulatory control by the U.S. Small Business Administration (SBA). A licensed SBIC is an incorporated entity, organized and chartered under state law solely for the purpose of supplying equity capital on long-term loans to small business concerns, providing consulting and advisory services, and investing funds not reasonably needed for current operations in various limited kinds of obligations. SBICs must only invest in small businesses.
In order to become a SBIC the entity must be licensed by the SBA. Prior to filing a license application, SBIC applicants must raise the greatest of the following three minimum capital requirements:
Hedge funds are probably the least regulated investment funds. Hedge funds do not have to register with SEC, although investment advisers, who are generally the managers of the fund, might have to register with SEC. On the other side, hedge funds allow greater flexibility in investments which makes this investment vehicle even more attractive.
Yes, you can call our business lawyers from KAASS LAW at 310.943.1171 if you have any further questions or to comment on how great this blog was. This content is intended for educational purposes only.