Sentences with phrase «common legal interest»

Second Circuit Clarifies Common Legal Interest and Work Product Doctrines for Material Shared Among Transacting Parties

The presence of someone who shares a common legal interest, «interprets,» helps the attorney and client communicate, or whose presence is necessary for the client to obtain legal advice usually does not destroy the attorney client privilege.

Not exact matches

Such risks, uncertainties and other factors include, without limitation: (1) the effect of economic conditions in the industries and markets in which United Technologies and Rockwell Collins operate in the U.S. and globally and any changes therein, including financial market conditions, fluctuations in commodity prices, interest rates and foreign currency exchange rates, levels of end market demand in construction and in both the commercial and defense segments of the aerospace industry, levels of air travel, financial condition of commercial airlines, the impact of weather conditions and natural disasters and the financial condition of our customers and suppliers; (2) challenges in the development, production, delivery, support, performance and realization of the anticipated benefits of advanced technologies and new products and services; (3) the scope, nature, impact or timing of acquisition and divestiture or restructuring activity, including the pending acquisition of Rockwell Collins, including among other things integration of acquired businesses into United Technologies» existing businesses and realization of synergies and opportunities for growth and innovation; (4) future timing and levels of indebtedness, including indebtedness expected to be incurred by United Technologies in connection with the pending Rockwell Collins acquisition, and capital spending and research and development spending, including in connection with the pending Rockwell Collins acquisition; (5) future availability of credit and factors that may affect such availability, including credit market conditions and our capital structure; (6) the timing and scope of future repurchases of United Technologies» common stock, which may be suspended at any time due to various factors, including market conditions and the level of other investing activities and uses of cash, including in connection with the proposed acquisition of Rockwell; (7) delays and disruption in delivery of materials and services from suppliers; (8) company and customer - directed cost reduction efforts and restructuring costs and savings and other consequences thereof; (9) new business and investment opportunities; (10) our ability to realize the intended benefits of organizational changes; (11) the anticipated benefits of diversification and balance of operations across product lines, regions and industries; (12) the outcome of legal proceedings, investigations and other contingencies; (13) pension plan assumptions and future contributions; (14) the impact of the negotiation of collective bargaining agreements and labor disputes; (15) the effect of changes in political conditions in the U.S. and other countries in which United Technologies and Rockwell Collins operate, including the effect of changes in U.S. trade policies or the U.K.'s pending withdrawal from the EU, on general market conditions, global trade policies and currency exchange rates in the near term and beyond; (16) the effect of changes in tax (including U.S. tax reform enacted on December 22, 2017, which is commonly referred to as the Tax Cuts and Jobs Act of 2017), environmental, regulatory (including among other things import / export) and other laws and regulations in the U.S. and other countries in which United Technologies and Rockwell Collins operate; (17) the ability of United Technologies and Rockwell Collins to receive the required regulatory approvals (and the risk that such approvals may result in the imposition of conditions that could adversely affect the combined company or the expected benefits of the merger) and to satisfy the other conditions to the closing of the pending acquisition on a timely basis or at all; (18) the occurrence of events that may give rise to a right of one or both of United Technologies or Rockwell Collins to terminate the merger agreement, including in circumstances that might require Rockwell Collins to pay a termination fee of $ 695 million to United Technologies or $ 50 million of expense reimbursement; (19) negative effects of the announcement or the completion of the merger on the market price of United Technologies» and / or Rockwell Collins» common stock and / or on their respective financial performance; (20) risks related to Rockwell Collins and United Technologies being restricted in their operation of their businesses while the merger agreement is in effect; (21) risks relating to the value of the United Technologies» shares to be issued in connection with the pending Rockwell acquisition, significant merger costs and / or unknown liabilities; (22) risks associated with third party contracts containing consent and / or other provisions that may be triggered by the Rockwell merger agreement; (23) risks associated with merger - related litigation or appraisal proceedings; and (24) the ability of United Technologies and Rockwell Collins, or the combined company, to retain and hire key personnel.

The lawsuit by Ms. Clifford adds weight to allegations in a separate legal complaint brought by Common Cause, a public interest group that has asked the Federal Election Commission and the Justice Department to investigate the $ 130,000 payment by Mr. Cohen.

The great issues of our time are moral: the uses of power; wealth and poverty; human rights; the moral quality and character of society; loss of the sense of the common good in tandem with the pampering of private interests; domestic violence; outrageous legal and medical costs in a system of maldistributed services; unprecedented developments in biotechnologies which portend good but risk evil; the violation of public trust by high elected officials and their appointees; the growing militarization of many societies; continued racism; the persistence of hunger and malnutrition; a still exploding population in societies hard put to increase jobs and resources; abortion; euthanasia; care for the environment; the claims of future generations.

Among the most common technocratic discursive practices are the use of legal and technical language, the emphasis on management, the scientifisation of socio - political phenomena and the (self)- representation of political actors as technical, impartial, neutral and interest - free (Mc Kenna and Graham 2000).

The requirement limited the circumstances in which media defendants could rely on the common law legal defense of «fair comment on matters of public interest,» and it restricted the right to freedom of expression.

«With ongoing federal investigations into potential ethics violations by several state lawmakers, this report highlights that there are many legal channels through which special interests exert their influence in Sacramento,» Kathay Feng, executive director of CA Common Cause, said in a press release.

«It hasn't been a problem for the past 100 years,» Cuomo said, noting such contributions from interests doing business with government are legal and common.

A final major benefit of traditional publishing, and what I believe to be the most important, is the fact that, with a publisher, a writer has a team of experts in every aspect of book production — i.e., editing, copy editing, legal review, when necessary, cover design, formatting, marketing, and publicity — who work together with a common, vested interest in making a book the best representation of the author and the publishing house that it can be.

«Person» includes an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, and any other legal or commercial entity.

While it is common for federal agencies to farm out environmental impact studies, legal experts said they were surprised the State Department was not more circumspect about the potential for real and perceived conflicts of interest on such a large and controversial project.

«I am not a lawyer, but I have legal experts advising me on this matter, and they say the matter is quite clear: There is no waiver where the parties have a common interest in the documents, including a shared copyright interest and a shared proprietary interest in protecting your scholarly works under the scholarly works exemption to FOIA statute.

«person» = any natural person, corporation, firm, association, organization, partnership, limited liability company, business or trust, one or more individuals, partnerships, associations, societies, trusts, organizations, or corporations, any individual, corporation, business or land trust, estate, trust, partnership, association; two or more persons having a joint or common interest, state agency, or any legal entity; a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.

«Although employed or engaged by the same company, and sharing a common interest in appropriate financial disclosure as required by securities laws, outside auditors and in - house lawyers bring different perspectives to their roles and each must meet different legal and regulatory requirements that apply to their respective missions in the audit process,» Krebs said.

The competition allows law students with a common interest in international criminal law to come together, meet other budding lawyers from around the world in an exciting and fun setting and to meet highly respected legal figures in international criminal law.

In particular, solicitor - client privilege persists where a party discloses a legal opinion to another party with a common interest in completing a transaction that is the subject of the opinion (e.g., see: Maximum Ventures Inc. v De Graaf, 2007 BCCA 510, at para 14).

In Tsilhqot» in Nation, she states that forcing «ancestral practices... into the square boxes of common law concepts» is to be avoided because it would «frustrate [e] the goal of faithfully translating pre-sovereignty Aboriginal interests into equivalent modern legal rights» (para 32).

Is the Chief Justice suggesting in this paragraph in Tsilhqot» in Nation that Aboriginal interests are to be translated into modern legal rights that are not common law concepts?

A lawyer will be able to provide options to protect your legal interests, such as entering into a cohabitation agreement with your common law spouse or signing an interspousal contract before getting married.

Canadian courts had long held that common - interest privilege served as a defence to an allegation that, by sharing a legal opinion with mutually interested parties in a commercial transaction, the disclosing party had thereby waived solicitor - client privilege to the shared opinion.

Lawyers tend to form partnerships with the best intentions: they have found someone with common professional interests, they want to practice law their way, or they want to make a difference in their local legal community.

On November 17, 2017, the B.C. Public Interest Advocacy Centre (BCPIAC), the Canadian Centre for Policy Alternatives — BC Office (CCPA - BC), the Community Legal Assistance Society (CLAS), the Poverty and Human Rights Centre, and West Coast Women's Legal Education and Action Fund (West Coast LEAF) made submissions to the government in support of a common vision for the BC Human Rights Commission (Commission).

In Formica Ltd v. Export Credits Guarantee Department [1995] 1 Lloyd's Rep 692, 699 Colman J framed the issue in the following terms: «The protection by common interest privilege of documents in the hands of someone other than the client must pre-suppose that such third party has a relationship with the client and the transaction in question which, in relation to the advice or other communications, brings that third party within that ambit of confidence which would prevail between the legal adviser and his immediate client....

Common interest privilege (as with joint interest privilege) is traditionally analysed as a distinct category of privilege, although it depends on the existence of material to which either legal advice or litigation privilege applies.

Common interest privilege (like joint interest privilege, which is not discussed here) can be said to be derivative insofar as it relies on establishing the existence of a primary ground of privilege (whether legal advice or litigation privilege) and then determining the circumstances in which multiple persons become entitled to assert it.

It seems to me that if legal advice obtained by one person is passed on to another person for the sake of informing that other person in confidence of legal advice which that person needs to know by reason of a sufficient common interest between them, then it would be contrary to the principle upon which all legal professional privilege is granted to say that the legal advice which was privileged in the hands of the first party should be lost when passed over in confidence to the second party, merely because it was not done in the context of pending or contemplated litigation.

The Chief Justice of Canada, the Right Honourable Beverley McLachlin, addressed the latter in her recent lecture to the Canadian Bar Association, but I do not perceive that she or anyone else in the legal community have addressed the fundamental issue that the SRL phenomenon raises: the right to participate in the making of common law; the ability to put a set of interests before the courts that hitherto have not been able to afford to be there — and thus, a rather significant challenge to the validity of the whole body of common law as it stands.

The common glue that holds this association together is our common interest in advancing diversity and inclusiveness within the legal profession and our willingness to use our collective voice and our influential purchasing power to force change.

This exception to the doctrine of waiver applies when one party discloses information that is subject to solicitor - client privilege to another party (or parties) who have a common interest in a legal matter.

In the context of a commercial transaction, common interest privilege allows parties to share privileged information (e.g., legal opinions) without waiving the privilege that otherwise attaches to that information, provided that:

Practicing some caution and taking legal steps to secure your business and personal interests will help you avoid common pitfalls.

But what they all share in common is a knowledge of and profound interest in the same legal subject area — pharmaceutical class actions, say, or business process patents, or asset securitization, or child custody proceedings in Oregon, or small - claims court cases in Nova Scotia, or wealth management in New South Wales, or any of the law's thousands upon thousands of sub-specialties.

Rather than asking whether privilege is waived in a communication if it is shared with a party with a joint or common interest, a party needs to ask whether the communication in question will fall into any of the categories for which EU legal professional privilege has been recognised in the existing case law.

Historically, the practice of funding legal action in exchange for future remuneration has been governed by the common law doctrines of champerty and maintenance, which emerged to safeguard a party's best interests and protect the administration of justice against abuse from nonparties.

The U.S. Court of Appeals for the Second Circuit recently ruled that the «common interest» doctrine protects legal and tax liability analysis prepared for a client and subsequently shared with a consortium of banks providing financing for the client.

June 14, 2016 — «The Virginia Judicial System Court Self - Help Website provides neutral legal information as a public service on common topics of interest for self - represented litigants.

A core group of lawyers, legal educators, allied professionals and corporate legal leaders (Shell, Cisco, Archer Daniels Midland)-- many of whom I know well via common beliefs on innovation and tech — believe that the best way forward is to create an independent organization that can coordinate the interests of law students, law schools, law firms, corporate legal departments, NewLaw service providers, and legal technology companies.

The Specific Claims Tribunal determined Williams Lake had established the validity of the claim against the federal Crown: there were pre-emptive purchases of the lands by settlers, in contravention of colonial policy and law; such contraventions constituted a breach of a legal obligation, pursuant to colonial legislation pertaining to reserved lands; B.C. failed to act honourably and was in breach of its fiduciary duties at common law, by failing to put the Indian interest in settlement lands ahead of settlers» interests; Canada was liable for B.C.'s pre-Confederation breaches of legislation and fiduciary duty, pursuant to the Act; and Canada also breached its post-Confederation fiduciary duties by failing to provide reserve lands to Williams Lake.

A recent case, MTCC No. 1067 v. 1388020 Ontario Corp., considered the ability of a condominium corporation to collect interest on unpaid common expenses and to be reimbursed its legal costs relating to the default.

NLADA sections comprise people within a specialized legal area whose common interest is to improve the quality of services rendered to their clients, develop the specialized skills of the group, enhance communications and information sharing, and strengthen advocacy and client communities.

(2) The registrar must include on any indefeasible title for a strata lot, in the legal description, the words «together with an interest in the common property in proportion to the unit entitlement of the strata lot as shown on Form V».

Where there is a joint retainer, or where the same solicitors act for two clients in related matters in which they have a common interest, neither client can claim legal professional privilege against the other in relation to documents which come into existence, or communications which pass between them and the solicitors, within the scope of the joint retainer or matter of common interest concerned.

Legal marketers must have a little common ground with those who do public relations in Universities — taking important (yet questionably dry) material, and making it both understandable and interesting.

Breach or neglect of the standard of care may be more common in the family guardian / conservator / caregiver setting due to these individuals choosing to make decisions based on what they feel is in the best interest of the vulnerable adult rather than following valid legal documents already in place, or making decisions by using substituted judgement — taking into account what the vulnerable adult would want.

That new legal principle accepted that the common law of Australia would give recognition to native title without altering that title or imposing on it all of the characteristics of other interests in land derived from the different... law of land tenures inherited by Australian law from English law upon settlement.

... The legal practitioner who ventures into this field must know not only the detail of the Native Title Act, but must also have a thorough understanding of the common law system of tenure and its different estates as well as the various statutory schemes by which the several States and Territories have, from time to time, provided for the creation of private interests in and for the use by governments and individuals of public lands.

They are not the legal rights or interests defined by the common law recognition of native title.

A legal relationship and method referencing the ownership of real property by which one person mutually holds legal title to property with other persons in such a way that when one of the joint owners dies, the remaining party (s) owns an undivided interest in the entire property; more legally referred to as Tenancy in Common with rights of survivorship.

Other research team members chose not to make legal agreements between their employers and Menzies; their involvement was sustained by common interests and a history of existing relationships between individuals.