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Frequently Asked Questions

Do I really need an attorney to resolve my dispute?

Though it may be possible for you to successfully resolve your dispute on your own, there will always be a chance that you might miss something that an attorney would not. Unfortunately, it is often missteps like these that end up putting businesses at a disadvantage once it comes time to resolve the dispute, whether that be in court, in arbitration, or in mediation. Bearing that in mind, you will be better off at least consulting with a lawyer about your case before deciding to do anything. With so much potentially riding on the outcome of your case, it will be in your best interests to make a fully informed decision about how to proceed.

What is the difference between a material and non-material breach of contract?

Material breaches of contract are considered to be fundamental violations of a contract, whereas non-material breaches are generally considered to be more minor. That being said, both material and non-material breaches of contract can serve as grounds for a lawsuit. However, there will be reason to handle each suit differently. For instance, you will not want to stop honoring your end of a contract if the other party makes a non-material breach of that same contract; if you were to stop honoring your end of the contract, you may breach the contract yourself. When it comes to a material breach, on the other hand, you may want to file a suit immediately in order to release yourself from the contract. In both cases, you should be able to sue for damages.

What exactly constitutes business fraud?

Any action to intentionally and deceitfully deprive a business of its property—including things like inventory and revenue—may be considered to be business fraud. In more practical terms, business fraud includes things like embezzlement, bribery, forgery, and bait-and-switch scams, to name just a few. So, when it comes to something like a bait-and-switch, these scams are considered to be fraud because a product has been intentionally misrepresented in order to dupe businesses into purchasing inferior goods.

What is considered to be infringement on intellectual property rights?

Any action that violates the intellectual property rights you have acquired with a copyright, patent, or trademark may be considered “infringement.” For instance, any other party that is using or selling a piece of commercial machinery for which you hold the patent will be infringing on your intellectual property rights unless they have secured your consent. To follow this same example, in this scenario, you would almost certainly have cause to file a lawsuit against the party that infringed upon your intellectual property rights.

Are there alternatives to litigation?

If you are not interested in going through with litigation, you may want to explore the separate processes of arbitration and mediation as possible means to resolve your dispute. Arbitration is a process by which each party has the opportunity to present their case to either a single arbitrator or even a panel of arbitrators, if both parties are more inclined. Once the arbitrator or panel has heard both sides of the dispute, they will render a legally-binding decision that may not be appealed in court. Mediation, on the other hand, is a process by which both parties will meet with a mediator to discuss how the dispute may potentially be resolved. Unlike arbitration, the decisions that are reached in mediation are nonbinding. As advantageous as these alternatives may be, it is important to note that there are many circumstances in which litigation will be the best option available.

What is a Class Action Lawsuit?

A class action lawsuit allows one person, like an attorney at Williams Kherkher, or a small group of people to sue on behalf of a larger group, or the class. Class action lawsuits often start with a single person and then use the strength of numbers to demonstrate the extent of harm done by the company at fault. Class action suits can cover a variety of topics, but they must always have two factors in common: the issues in dispute are common to all members of the class, and the number of people affected is so large that it would be impossible to bring them all before the court.

What Does a Class Action Attorney Do?

A class action attorney represents a large number of people who are acting as a single entity in a lawsuit. When you bring your case to a class action attorney, they will first help you file the case and have the court certify that the case is a class action lawsuit. Once the lawsuit is certified, your attorney will also help you reach out to other people affected through direct mailings and through the media. The main job of a class action attorney at Williams Kherkher is to prove that everyone involved is part of a single group that should be treated as one class.

Why Do Class Action Suits Exist?

Class action lawsuits advance important public policy goals by helping many people at one time. These lawsuits are often the only way that people can fight against large corporations and the injustices that they have committed. Class action lawsuits empower small claimants by allowing them to join together to make sure their voices are heard. In other cases, if each person in the group submitted an individual claim, the lawsuit would be more costly than the value of the damages awarded. Members of class action lawsuits can earn money at little to no cost to themselves.

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