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. Our attorneys represent Uber and Lyft drivers in Los Angeles, Glendale, and the San Fernando Valley.
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?
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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.
Without proper agreements and contracts in place, tech startups in Los Angeles can quickly face serious legal challenges. Since many entrepreneurs have limited funding, they often hesitate to hire a business startup lawyer to manage their legal operations. However, at our firm, we understand the hard work and effort that go into building robotic startups, developing software, and programming innovative solutions. As a result, we offer various fee and payment options tailored specifically for startups. Notably, one of the primary concerns for programmers and developers is how to protect their intellectual property (IP) and proprietary rights, whether for software, applications, or other tech products. Below are some of the most commonly used agreements for tech startups, robotic companies, developers, and programmers:
Licensing agreements are one of the most crucial documents that tech startups rely on to protect their intellectual property, including software and other intangible assets. Key elements to include in a Licensing Agreement:
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.
First thing first, Be Cool and organize your thoughts. If you were injured in a automobile accident in Los Angeles, California, you may have the right to file a personal injury claim for monies against negligent parties. If you are hurt, you Must ERTH.
E - Evidence Gather as much evidence as possible from the scene of the accident. People love pictures. Use that great camera on that expense cell phone and knock yourself out. R - Record Document, record, and note all financial and medical injuries and losses. Good idea to keep an ongoing journal log of the injuries and affects. Pain, Fatigue tenderness or any type of inconvenience or loss is fair game. Your medical records are extremely important, make sure to keep records of any and all visits to medical providers including hospitals and medical care professionals. Your employment records are very important as well. Make sure to note how much time, money, and opportunity you have lost as a result. T - TIME! Time is of the essence. Follow proper timely procedure to ensure the success and preservation of your injury claim. This can include but not limited to, seeking timely medical attention and filing a timely claim. Statutory time limitations exist for different types of personal injury claims. For example, a personal injury claim against a Government Entity must be formally filed within six (6) months from the date of injury; otherwise, your claim is lost. This is tricky, read our #MUST662 blog for more info here. H - Help Get professional assistance for god’s sake. We do not pull our own teeth anymore so don’t make this more painful than it is. Time and time again, clients trying to sort through the technicalities often face the ultimate consequence of losing their valued personal injury claim. Yes, you are right, this is a biased opinion coming from us. Thus, even if you do not contact our firm, make sure to get a free consult with a experienced personal injury lawyer beforehand. Most of the time these cases are on a contingency fee and the lawyer(s) only make money if they win. The amount of value that an experienced personal injury law firms will add to your case, by no reservation, outweighs the portion of the recovery that will be paid. Hire a dedicated that will aim for getting you get the highest possible settlement for your case. Yes, you can call our auto accident attorney in Glendale, CA, at (310) 943-1171 if you have any further questions or to comment on how great this blog was.
(1) when the owner of the trademark deliberately ceases to use the trademark for three or more years, with no intention of using the trademark again in the future, and (2) when the mark holder fails to file a statement of use as required by the USPTO. Once a trademark is deemed abandoned the holder has two (2) months from the mailing date of the Notice of Abandonment to file a Petition to Revive the mark. If the mark holder fails to make such a Petition the mark goes back into the public domain (under Federal Law) and any individual is free to use the mark. If the mark holder fails to file a timely Petition his sole recourse is to reapply for a trademark registration. Time is of the essence in doing so because as previously noted other parties are free to begin using the mark and may even file their own trademark applications. Are you in need of services involved with business law near Los Angeles, CA? Our business lawyers at would be happy to help.
Many people use UberX, a transportation service, to help them get around town. It is much cheaper than a traditional taxi and the cars tend to be nicer too.
What happens though if the driver is negligent and gets into an accident while on transporting a passenger? Even more interesting, what happens if the Uber driver gets into an accident without transporting a Uber passenger? Does Uber or Lyft provide insurance coverage for drivers injured due to a car accident? Does Uber driver's personal insurance policy cover the accident? Can injured passengers sue Uber/Lyft or their drivers? These are just a few questions many Uber, Lyft, and other TNC users are concerned about when involved in an accident while using these popular ride-sharing services.
On New Year’s Eve, a six-year-old girl was struck and killed by an UberX driver in San Francisco. The family sued Uber for wrongful death, but Uber denied liability. Since there were no passengers in the vehicle, the driver was not on duty and was not covered by Uber’s insurance. The family argued that since the driver was logged into the Uber app, he was on the job. At that time, Uber had very strict provisions as to what they are liable for. They only claimed liability between the times that a driver was requested and the fare was paid. This means that if a driver is driving around looking for a fare, they are not considered to be on the job; therefore, the driver will not be covered by.
Many tribal casinos have active insurance policies and have waived their immunity. In these situations, the liability insurer would pay monetary damages. However, it's important to note that Tribal/Indian lands are sovereign entities. Tribal/Indian laws must adjudicate all businesses within their jurisdiction. In summary, the businesses that operate solely on Tribal/Indian lands are not subject to many U.S. laws. Like any other sovereign nation, the Tribes have a right to self-governance.
Due to Tribal/Indian sovereign immunity, it is very difficult to pursue a legal matter against tribal Casinos.
Tribal casinos may be sued in U.S. courts if they willingly waive their immunity. In short, someone must obtain the Tribes' consent to sue them. It seems clear how undesirable it would be to do so. Yet some, like the Navajo, have done so in the past. Some of these tribal casinos have insurance and have waived their immunity in cases where their liability insurer would pay monetary damages. Many tribes have insurance but do not consent to waive their sovereign immunity. Usually, these tribes offer a minimum value for the only to make it disappear.
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.
Important note: Always put your licensing agreement in writing to prevent misunderstandings.
A joint venture is a mutual collaboration between two or more businesses for a specific project. Joint venture agreements are essential to ensure each party understands their role and responsibilities clearly. Important questions to address in a joint venture agreement:
Independent contractors in California are legally considered non-employees who provide specific services to businesses. Examples include developers, software engineers, marketers, accountants, and other specialists. A solid independent contractor agreement should include:
For tax purposes, remember to complete a 1099-MISC form for independent contractors.
A Technical Assistance Agreement (TAA) outlines the process of sharing technical information, particularly when dealing with foreign nationals. Key considerations for a TAA:
Checklist for a TAA:
For technology companies, a manufacturing agreement is key as it outlines the roles and responsibilities when one company manufactures products for another. Key components of a manufacturing agreement:
Partnerships involve two or more individuals collaborating without the formalities of a corporation. In California, partnerships can be formed through written or oral agreements, or even by conduct. Important aspects of a partnership agreement:
In contrast, forming a Limited Liability Company (LLC) involves filing with the Secretary of State and paying the required fees. The choice between a partnership, LLC, or corporation depends on your startup’s goals, liability concerns, and tax preferences.
If you have questions about contracts and agreements for your tech or robotic startup—such as licensing agreements, joint ventures, or manufacturing agreements—our team of experienced California business attorneys is ready to assist you. Call us today at (844) 522-7752 for personalized legal support.
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.
In March of this year, Uber announced that they would be changing their insurance coverage. They would now cover accidents as long as the Uber driver was at fault and logged into the Uber app, even if they were not transporting a passenger. Although this is a big step forward, there are still some provisions to be aware of. Uber’s insurance will only cover the accident if the driver’s personal insurance fails to do so. They will also only cover up to $100,000 in bodily injury and $25,000 in property damage.
UberX is a cheap way to get around town if you need transportation, but it is important to educate yourself on policies and provisions that may affect you. If you are an Uber passenger and are involved in a car accident, it is important to find an experienced personal injury attorney.
Make sure your rights are not violated! Don't settle for pursuing a court case without guidance. Our Glendale auto accident attorneys at KAASS LAW can provide you with any sort of legal assistance you require.
Tribes are also immune from other U.S. laws, including the Americans with Disabilities Act, Age Discrimination in Employment Act, and all other discrimination laws. Because of tribal immunity, any suit accusing a tribal business of discrimination under these laws will be thrown out of court.
Tribes have tribal courts. However, they do not provide the same level of protection and rights as one would get under the laws of the United States.
Second, authorities treat criminals on tribal lands a little differently. Unless we are dealing with a “major” crime, tribal courts have authority over all crimes committed in their jurisdiction. Thankfully, the “Major Crimes Act” states that any major felony on tribal lands is within the jurisdiction of the United States Federal Courts.
So next time you’re planning a trip to an Indian/Tribal Casino, remember to be careful and follow the laws of the sovereign state you are entering.
There are ways to go through the Tribal/Indian courts and maximize the case's value. You may do this by contacting an experienced attorney who has delivered such results. Contact your tribal personal injury lawyer to get more information.
This content serves educational purposes only. KAASS LAW's lawyers in Glendale, Los Angeles, CA, are authorized to practice law in California. We provide this information specifically for California residents. This content provides only general information, which may or may not reflect current legal developments. KAASS LAW expressly disclaims all liability for 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.
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