They are presenting the paper this Friday at a Symposium on the Role of Intervenors in Public
Interest Litigation at the Faculty of Law of the University of Toronto.
Not exact matches
Important factors that could cause actual results to differ materially from those reflected in such forward - looking statements and that should be considered in evaluating our outlook include, but are not limited to, the following: 1) our ability to continue to grow our business and execute our growth strategy, including the timing, execution, and profitability of new and maturing programs; 2) our ability to perform our obligations under our new and maturing commercial, business aircraft, and military development programs, and the related recurring production; 3) our ability to accurately estimate and manage performance, cost, and revenue under our contracts, including our ability to achieve certain cost reductions with respect to the B787 program; 4) margin pressures and the potential for additional forward losses on new and maturing programs; 5) our ability to accommodate, and the cost of accommodating, announced increases in the build rates of certain aircraft; 6) the effect on aircraft demand and build rates of changing customer preferences for business aircraft, including the effect of global economic conditions on the business aircraft market and expanding conflicts or political unrest in the Middle East or Asia; 7) customer cancellations or deferrals as a result of global economic uncertainty or otherwise; 8) the effect of economic conditions in the industries and markets in which we operate in the U.S. and globally and any changes therein, including fluctuations in foreign currency exchange rates; 9) the success and timely execution of key milestones such as the receipt of necessary regulatory approvals, including our ability to obtain in a timely fashion any required regulatory or other third party approvals for the consummation of our announced acquisition of Asco, and customer adherence to their announced schedules; 10) our ability to successfully negotiate, or re-negotiate, future pricing under our supply agreements with Boeing and our other customers; 11) our ability to enter into profitable supply arrangements with additional customers; 12) the ability of all parties to satisfy their performance requirements under existing supply contracts with our two major customers, Boeing and Airbus, and other customers, and the risk of nonpayment by such customers; 13) any adverse impact on Boeing's and Airbus» production of aircraft resulting from cancellations, deferrals, or reduced orders by their customers or from labor disputes, domestic or international hostilities, or acts of terrorism; 14) any adverse impact on the demand for air travel or our operations from the outbreak of diseases or epidemic or pandemic outbreaks; 15) our ability to avoid or recover from cyber-based or other security attacks, information technology failures, or other disruptions; 16) returns on pension plan assets and the impact of future discount rate changes on pension obligations; 17) our ability to borrow additional funds or refinance debt, including our ability to obtain the debt to finance the purchase price for our announced acquisition of Asco on favorable terms or
at all; 18) competition from commercial aerospace original equipment manufacturers and other aerostructures suppliers; 19) the effect of governmental laws, such as U.S. export control laws and U.S. and foreign anti-bribery laws such as the Foreign Corrupt Practices Act and the United Kingdom Bribery Act, and environmental laws and agency regulations, both in the U.S. and abroad; 20) the effect of changes in tax law, such as the effect of The Tax Cuts and Jobs Act (the «TCJA») that was enacted on December 22, 2017, and changes to the interpretations of or guidance related thereto, and the Company's ability to accurately calculate and estimate the effect of such changes; 21) any reduction in our credit ratings; 22) our dependence on our suppliers, as well as the cost and availability of raw materials and purchased components; 23) our ability to recruit and retain a critical mass of highly - skilled employees and our relationships with the unions representing many of our employees; 24) spending by the U.S. and other governments on defense; 25) the possibility that our cash flows and our credit facility may not be adequate for our additional capital needs or for payment of
interest on, and principal of, our indebtedness; 26) our exposure under our revolving credit facility to higher
interest payments should
interest rates increase substantially; 27) the effectiveness of any
interest rate hedging programs; 28) the effectiveness of our internal control over financial reporting; 29) the outcome or impact of ongoing or future
litigation, claims, and regulatory actions; 30) exposure to potential product liability and warranty claims; 31) our ability to effectively assess, manage and integrate acquisitions that we pursue, including our ability to successfully integrate the Asco business and generate synergies and other cost savings; 32) our ability to consummate our announced acquisition of Asco in a timely matter while avoiding any unexpected costs, charges, expenses, adverse changes to business relationships and other business disruptions for ourselves and Asco as a result of the acquisition; 33) our ability to continue selling certain receivables through our supplier financing program; 34) the risks of doing business internationally, including fluctuations in foreign current exchange rates, impositions of tariffs or embargoes, compliance with foreign laws, and domestic and foreign government policies; and 35) our ability to complete the proposed accelerated stock repurchase plan, among other things.
Those laws include state usury laws that limit
interest rates and the Truth in Lending Act, which requires lenders to provide certain disclosures on total loan cost, said Stuart Rossman, director of
litigation at the National Consumer Law Center.
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.
«Requiring the banks to pay treble damages to every plaintiff who ended up on the wrong side of an independent Libor ‐ denominated derivative swap would, if appellants» allegations were proved
at trial, not only bankrupt 16 of the world's most important financial institutions, but also vastly extend the potential scope of antitrust liability in myriad markets where derivative instruments have proliferated,» the U.S. Court of Appeals in New York said in the ruling.A U.S. appeals court on Monday revived private antitrust
litigation accusing major banks of conspiring to manipulate the Libor benchmark
interest rate, in a big setback for their defense against investors» claims of market - rigging.
Committed to advancing the
interests of our clients, both foreign and domestic, irrespective of where they trade securities, Pomerantz is
at the vanguard of
litigation in the wake of the Supreme Court's decision in Morrison v. Nat» l Australia Bank, 130 S. Ct. 2869 (2010).
The report on the securities industry, which continues to recover
at a rapid pace following the market crash of 2008, found higher
interests and
litigation costs are also playing a factor in a leveling off of profits for the remainder of the year.
It would bind the court to order costs against charities, NGOs and other organisations which offer their assistance to the court in public
interest litigation in a wide set of ill - defined and broad circumstances that could rarely be predicted
at the beginning of a case.
So, I said I would carry the legislation and I never expected the storm that occurred unexpectedly from gaming
interests in the state of New York to try to kill fantasy sports
at this level and let the
litigation continue.»
The claims of a confidentiality breach and conflict of
interest, if they prove true, «are serious, and are not off - the - wall,» says Paul Rothstein, a professor of torts, evidence, and civil
litigation at Georgetown University Law Center in Washington, D.C..
It's a 20 - page paper that looks
at litigation, looks
at history, looks
at research, is a snapshot for all of you that have an enduring
interest in school choice.
The lawyers surveyed said that mediation, collaborative negotiation and arbitration are more likely to produce results that are in the client's
interest and in the
interest of the client's children than
litigation,
at a lower cost and in half the time.
[127] Professor Piché in her text Fairness in Class Action Settlements, supra
at pp. 179 - 80 summarizes the various factors for the settlement approval test into seven factors; i.e.: (1) judicial risk analysis: likelihood of recovery, or likelihood of success on the merits weighed against amount and form of settlement relief; (2) future expense, complexity and likely duration of
litigation; (3) class reaction: number and nature of objections; (4) recommendations and experience of counsel and opinion of
interested persons; (5) adequacy of representation: good faith and absence of collusion; (6) discovery evidence sufficient for «effective representation» and (7) adequacy of notice of proposed settlement to absent class members.
The opportunity to collaborate ensures that the injured client's
interests are put
at the heart of the
litigation.»
The Seattle
litigation defense attorneys
at Johnson, Graffe, Keay, Moniz & Wick, LLP are committed to protecting their clients» best
interests.
Tyler Cowen tries putting the shoe on the environmentalist foot, while Eugene Kontorovich
at the Volokh Conspiracy observes that «Thiel's conduct fits into the «public
interest» or «ideological»
litigation paradigm» and claims that «By current standards, Thiel's funding should raise no eyebrows — unless one also wants to revisit public
interest litigation, class actions and contingent fees.»
I hope you will still find this blog a useful,
interesting source of information and opinion even as I discontinue my high - frequency, granular
litigation (and
litigation - related antitrust) coverage and focus on select issues, which I'll mostly be able to write about
at a time of my choosing, except for some key appellate decisions.
Many civil cases avoid the courtroom; however, we will aggressively represent your
interests at every step of the civil
litigation process.
At Deans & Lyons, LLP, our Dallas dangerous medical devices lawyers represent plaintiffs and defendants in injury claims
litigation, and we always ensure that we never have a conflict of
interest in any case.
The team of knowledgeable estate
litigation lawyers
at Eisen Law in Toronto can provide you with the necessary guidance to help you navigate all of your options, understand your legal rights and obligations, and ensure that all
interests are protected.
The ideal candidate has completed
at least Third Year, has attained
at least a B + average, and is
interested in becoming a lawyer in the area of
litigation.
There is a public
interest in ensuring that when, as here, parties arrive
at an agreement on disclosure to avoid
litigation, such that disclosure is volunteered on terms that include a protective order, the terms of the protective order not be modified unless there is a compelling reason to do so.
In Mulholland v Mitchell [1971] AC 666, [1971] 1 All ER 307, Lord Hodson [
at 674] stated the general proposition of English law, that the maxim
interest rei publicae ut sit finis litium [the public
interest is that there be an end to
litigation] is, in the usual case, strictly followed.
Ted Frank offers an
interesting perspective
at Point of Law, suggesting that the problem of pursuing
litigation as a path when it's not economically justified poses a far greater problem than bill padding He writes:
I think the problems of bill - padding and double - billing likely pales in comparison to (1) the expense incurred by parties because of lawyers making overconfident recommendations to embark on misguided
litigation where those recommendations happen to coincide with the
interest of the attorney to bill more hours; and (2) the excessive billing caused by law - firm technological and human - resources inefficiencies that regularly result in the wheel being reinvented
at client expense.
«What's
interesting from my perspective is the result and effect on the oil patch,» says David Madsen, partner in the corporate commercial
litigation group
at Borden Ladner Gervais LLP, which represented Weatherford, Weatherford International PLC., Weatherford Canada Ltd., Weatherford Canada Partnership and Harvest Operations Corp..
He has represented the
interests of thousands of individuals, many to trial or alternative dispute resolution, and has been asked to lecture
at several continuing legal education seminars on topics relevant to personal injury
litigation in Louisiana.
For example, a
litigation guardian for an incapable person has a fiduciary duty to act in the person's best
interests at all times.
The team of knowledgeable and compassionate estate
litigation lawyers
at Eisen Law in Toronto can provide you with the necessary guidance to help you navigate all of your options, understand your legal rights and obligations, and ensure that all relevant
interests are protected.
If you really enjoy
litigation, you need to be looking
at law firms which have a large
litigation offering so that you can further explore this
interest and see what field within
litigation you would ultimately like to pursue.
Whether contemplating a business transaction or faced with business
litigation, our firm has your best
interest at heart.
In addition, as the regime was designed
at a time when third party
litigation funding was prohibited, it is ill - adapted to deal with the conflicts of
interest that funding may create between and among the funder, the funded parties, the unfunded class members and the lawyers for the class.
Notable mandates: Successfully represented Toronto mayor Rob Ford in a libel and defamation action; representing former Liberal MP Borys Wrzesnewskyj in
litigation proceeding contesting election in Etobicoke Centre; acting on the establishment of a large residential real estate private equity fund; a complex reorganization of an existing real estate private equity fund into private REIT, the investors in which include several of Canada's largest pension plans and mutual funds; acted for the purchaser in excess of 230 quick service restaurants in Ontario, B.C., and Quebec; acted for management in a proxy dispute involving an interlisted TSX and ASX company, involving various
interest holders in several international jurisdictions; represented Pharmascience Inc.
at Federal Court of Canada; represented clients such as Apotex Inc. in trademark dispute; represented Canadian Generic Pharmaceutical Association in matters before the Trademark Opposition Board.
One of the more
interesting post-mortems of l'affaire Hercules came from Steve Klepper over
at the Maryland State Bar Association's
Litigation Section blog.
Prior to joining the
litigation team
at Lewis Johs, she was involved in the public
interest arena prosecuting Family Court matters to verdict for the Administration of Children's Services in New York City where she became a supervising attorney.
If you are seeking to have a guardian removed, the team of knowledgeable and compassionate estate
litigation lawyers
at Eisen Law in Toronto can provide you with the necessary guidance to help you understand your rights, navigate all of your options and ensure that your loved one's
interests are protected.
[38] This should all be done to guard against the lawyer taking what would be an inappropriate personal
interest in the
litigation thereby putting
at risk his or her obligation to provide the client with objective advice and undivided loyalty.
penalizes the defendant for engaging in public participation «plaintiff» means a person who initiates or maintains a proceeding against a defendant; «proceeding» means any action, suit, matter, cause, counterclaim, appeal, or originating application that is brought in the Supreme Court or the Provincial Court, but does not include a prosecution for an offence or a crime; «public
interest» means the whole of the subject matter invites public attention, or a matter in which the public has some substantial concern because it affects the welfare of citizens, or one to which considerable public notoriety or controversy has attached; «public participation» means communication or conduct aimed
at influencing public opinion, or promoting further lawful action by the public or any government body, in relation to an issue of public
interest; «Strategic Lawsuit Against Public Participation (SLAPP)» means a claim that arises from a form of expression or public participation, by the person against whom the claim is asserted that was made in connection with an official proceeding or about a matter of public
interest; Purposes of this Act: 2 The purposes of this Act are to a) Establish a statutory right to public participation for every individual; b) Encourage individuals to express themselves on matters of public
interest; c) Promote broad participation in debates on matters of public
interest; d) Discourage the use of
litigation as a means of unduly limiting expression on matters of public
interest; and, e) Preserve the right of access to the courts for all proceedings and claims that are not brought or maintained for an improper purpose.
Practicing Experiences: Qian is experienced
at determining client's core
interests and designing the most suitable
litigation strategy from both legal and commercial perspectives.
In addition, for inside counsel and law firms with a specific
interest in property and casualty
litigation claims data, we'll be reviewing, for the first time, survey results today during a live webinar
at 1:00 p.m. EDT.
«Having considered the decisions, the writings and the various aspects of the public
interest which claim attention, I have come to the conclusion that the court should state the relevant principle as follows: a document which was produced or brought into existence either with the dominant purpose of its author, or of the person or authority under whose direction, whether particular or general, it was produced or brought into existence, of using it or its contents in order to obtain legal advice or to conduct or aid in the conduct of
litigation,
at the time of its production in reasonable prospect, should be privileged and excluded from inspection.»
His comments were directed
at a particular subcategory of what we call pro bono — so - called public
interest litigation — not
at all pro bono of any kind.
At the time, I thought it unlikely that there could be another case quite like it, but in fact it was the first of several cases on which I have worked (including the
litigation against Mukhtar Ablyazov and, more recently, Sergei Pugachev) which have been just as hard fought and
interesting.
Only if you are
interested in «unbundling», a new concept to describe selling professional services for discrete parts of the
litigation process
at just above pro bono prices.
ttorney James Toledano from Santa Ana, Calif., who gave his 26th annual presentation of new laws of
interest to California business litigators
at a recent meeting of the Orange County Bar Association Business
Litigation Section.
J. Craig Williams has the full report from attorney James Toledano from Santa Ana, Calif., who gave his 26th annual presentation of new laws of
interest to California business litigators
at a recent meeting of the Orange County Bar Association Business
Litigation Section.
Maya is an associate
at Norton Rose Fulbright who practices in the areas of civil and commercial
litigation, with a particular
interest in class action matters, as well as business ethics and anti-corruption.
Business has also been developing
at a fast pace for us in the UK and across Europe with particular
interest in
litigation finance in Spain, which has been closely followed by leading business newspaper Expansión.
At Burnett, Duckworth, Terrance developed an
interest in
litigation.
A survey released by one of the big players claims that 70 per cent of
litigation partners
at the country's leading law firms reckon that clients are showing an increasing
interest in turning to commercial funders.