Sentences with phrase «substantial litigation on»

Substantial litigation on very high value claim.

Not exact matches

«It resolves long - running litigation on very favorable terms, and provides substantial resources for Universal to continue its international growth.»

If one or more claims in the Morley Litigation were determined adversely to us, or if the Morley Litigation were settled on unfavorable terms, this could affect our ability to use certain intellectual property and could also result in substantial monetary liabilities.

Such risks and uncertainties include, but are not limited to: our ability to achieve our financial, strategic and operational plans or initiatives; our ability to predict and manage medical costs and price effectively and develop and maintain good relationships with physicians, hospitals and other health care providers; the impact of modifications to our operations and processes; our ability to identify potential strategic acquisitions or transactions and realize the expected benefits of such transactions, including with respect to the Merger; the substantial level of government regulation over our business and the potential effects of new laws or regulations or changes in existing laws or regulations; the outcome of litigation, regulatory audits, investigations, actions and / or guaranty fund assessments; uncertainties surrounding participation in government - sponsored programs such as Medicare; the effectiveness and security of our information technology and other business systems; unfavorable industry, economic or political conditions, including foreign currency movements; acts of war, terrorism, natural disasters or pandemics; our ability to obtain shareholder or regulatory approvals required for the Merger or the requirement to accept conditions that could reduce the anticipated benefits of the Merger as a condition to obtaining regulatory approvals; a longer time than anticipated to consummate the proposed Merger; problems regarding the successful integration of the businesses of Express Scripts and Cigna; unexpected costs regarding the proposed Merger; diversion of management's attention from ongoing business operations and opportunities during the pendency of the Merger; potential litigation associated with the proposed Merger; the ability to retain key personnel; the availability of financing, including relating to the proposed Merger; effects on the businesses as a result of uncertainty surrounding the proposed Merger; as well as more specific risks and uncertainties discussed in our most recent report on Form 10 - K and subsequent reports on Forms 10 - Q and 8 - K available on the Investor Relations section of www.cigna.com as well as on Express Scripts» most recent report on Form 10 - K and subsequent reports on Forms 10 - Q and 8 - K available on the Investor Relations section of www.express-scripts.com.

Examples of these risks, uncertainties and other factors include, but are not limited to the impact of: adverse general economic and related factors, such as fluctuating or increasing levels of unemployment, underemployment and the volatility of fuel prices, declines in the securities and real estate markets, and perceptions of these conditions that decrease the level of disposable income of consumers or consumer confidence; adverse events impacting the security of travel, such as terrorist acts, armed conflict and threats thereof, acts of piracy, and other international events; the risks and increased costs associated with operating internationally; our expansion into and investments in new markets; breaches in data security or other disturbances to our information technology and other networks; the spread of epidemics and viral outbreaks; adverse incidents involving cruise ships; changes in fuel prices and / or other cruise operating costs; any impairment of our tradenames or goodwill; our hedging strategies; our inability to obtain adequate insurance coverage; our substantial indebtedness, including the ability to raise additional capital to fund our operations, and to generate the necessary amount of cash to service our existing debt; restrictions in the agreements governing our indebtedness that limit our flexibility in operating our business; the significant portion of our assets pledged as collateral under our existing debt agreements and the ability of our creditors to accelerate the repayment of our indebtedness; volatility and disruptions in the global credit and financial markets, which may adversely affect our ability to borrow and could increase our counterparty credit risks, including those under our credit facilities, derivatives, contingent obligations, insurance contracts and new ship progress payment guarantees; fluctuations in foreign currency exchange rates; overcapacity in key markets or globally; our inability to recruit or retain qualified personnel or the loss of key personnel; future changes relating to how external distribution channels sell and market our cruises; our reliance on third parties to provide hotel management services to certain ships and certain other services; delays in our shipbuilding program and ship repairs, maintenance and refurbishments; future increases in the price of, or major changes or reduction in, commercial airline services; seasonal variations in passenger fare rates and occupancy levels at different times of the year; our ability to keep pace with developments in technology; amendments to our collective bargaining agreements for crew members and other employee relation issues; the continued availability of attractive port destinations; pending or threatened litigation, investigations and enforcement actions; changes involving the tax and environmental regulatory regimes in which we operate; and other factors set forth under «Risk Factors» in our most recently filed Annual Report on Form 10 - K and subsequent filings by the Company with the Securities and Exchange Commission.

Perinatal events can result in associated longer term health and broader societal costs, as shown by the size of damages paid in obstetric litigation cases, which represent a substantial cost to the NHS.27 Follow - up over weeks or longer to monitor recovery, or a future assessment of the outcomes for mothers and babies at a later date, would act as a vehicle for estimating costs and consequences beyond the perinatal period and shed more light on long term cost effectiveness.

; «He puts his point across in a measured and compelling manner»; «A sought - after junior with wide - ranging commercial experience in both litigation and arbitration»; «One of the first choices on the team sheet for a substantial case»; «Very detail - oriented and able to analyse a large amount of information quickly and efficiently»; «One of the first choices for a fraud case.

KATS has been involved in a substantial amount of arbitration, mediation and negotiation proceedings and have secured countless out of court settlements on behalf clients; saving the client time, expense and other unforeseeable constraints of unnecessary litigation.

In particular, Rule 26 (b)(3) eliminates the distinction between attorney work - product and non-attorney work - product, focusing on whether the materials were prepared in anticipation of litigation or trial.28 Further, Rule 26 (b)(3) preserves work - product protections unless the party seeking discovery has a «substantial need» for the materials in the preparation of the party's case and the party is unable without «undue hardship» to obtain the «substantial equivalent» of the materials by other means.29

«[171] While it is true that the common issues trial will not necessarily be dispositive of all issues between the Class Members, and some of the Class Members (but not the Section 97 Group members [Group 1 in this article]-RRB- will have to go on to individual issues trials, the common issues trial will make a substantial advance in the litigation and will determine whether it is worthwhile for the Assessed Group and the No DOTP Group [Group 2 and 3 in this article] to proceed to individual issues trials for a quantification of their losses.

We are corporate litigation attorneys with substantial experience safeguarding clients» business assets and giving them the freedom to focus on growing their business.

Consultant, Interights: Along with Professor James Crawford SC, I prepared a substantial expert report on matters of public international law in support of pending litigation before the European Court of Human Rights in the case of Baltasar Garzón v Spain.

As one of the nation's leading lawyers in the emerging field of state unclaimed property laws, John devotes a substantial part of his practice to representing and advising a variety of manufacturers, retailers, distributors, financial institutions, pharmaceutical companies, telecommunications and transportation companies, utilities, service providers and other types of businesses on complex multi-state unclaimed property audits, litigation, voluntary disclosure agreements and transactional issues.

Justice Marshall ordered that all of the parties who participated in the litigation receive their costs from Cynthia's estate on a solicitor / client basis (the Newfoundland equivalent of substantial indemnity costs).

These developments suggest a greater willingness on the part of the Federal Court to compensate successful parties in line with the actual financial stakes of patent litigation and suggest that if a successful party is entitled to equitable remedies, the court is more willing to award substantial equitable monetary remedies to the successful party.

Jack has over twenty years of experience in numerous types of commercial litigation matters, with substantial representations of clients in many matters involving environmental litigation, including five trials pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, significant architectural, engineering and construction disputes, business acquisition and transactional disputes, including takeover / merger and acquisition litigation, claims under purchase and sales and indemnity contracts, securities law litigation, insurance coverage on behalf of the insured, and legal issues relating to medical records release and copying.

As a result of this work, we have become well versed in such areas of environmental litigation as toxicology, epidemiology, hydrogeology, and we have developed substantial information on many plaintiff and defense experts.

Souter is the only sitting justice with substantial experience in criminal litigation — and that was on the not - exactly - mean streets of New Hampshire.

«Reining in Remedies in Patent Litigation: Three (Increasingly Immodest) Proposals» proposes that injunctions be unavailable over FRAND - pledged SEPs, advocates apportionment of the disgorgement of an infringer's profits that a design patent holder can seek (this approach would have taken care of a substantial part of the damages issue in Apple v. Samsung, for example), and finally — which is the most ambitious part but makes a lot of sense to me — elaborates in the form of a «thought experiment» on an idea Judge Posner tossed out a few month ago: for a «wide swath of U.S. patent cases» it might be preferable to avoid juries.

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.

On the positive side, this team approach still is likely to be less expensive than resort to litigation.21 Furthermore, the resulting agreement and more positive relationships may prevent many future problems with unknown but potentially substantial costs.

Having gained substantial knowledge in alcoholic beverage law matters, both from the litigation and regulatory advising perspectives, Carlos advises clients on issues pertaining to the sale, marketing and distribution of alcoholic beverages; the relationships between manufacturers, wholesalers and retailers; enforcement from state and federal regulators; and consumer litigation.

acted as Liaison Counsel in In re: Oral Sodium Phosphate Solution - Based Products Liability Litigation, MDL No. 2066 (Northern District of Ohio, Eastern Division) which resulted in a substantial confidential settlement on behalf of hundreds of individual claimants.

One can understand the principle behind this provision but surely we can foresee that a simple slip by solicitors, which is bound to occur in the early days, is going to lead to substantial satellite litigation before the Court of Appeal establishes the criteria on which the court will give its consent to notification out of time.

In dismissing the litigation due to the plaintiff's non-compliance with certain court orders, the court ordered that the plaintiff pay costs on a substantial indemnity scale, but only for the motion in which the inappropriate comments were made.

My substantial litigation experience includes: conducting examinations for discovery, mediations, trials, appearing on contested motions, and appellate work.

Although this is not an employment case and the plaintiff was a business entity and not an individual, the holding in American Express Co. v. Italian Colors Restaurant will likely have a substantial impact on employment class action litigation.

The amount of time, effort and energy a lawyer has to put into the investigation and incurring costs of professionals to look at the black box on the truck» or spend the discovery for litigation, is substantial.

In Reasons issued on behalf of a unanimous court, Justice LeBel reiterated that jurisdiction must be based upon a «real and substantial connection» between a particular forum and the subject matter of the litigation and that the determination of whether there is such a connection must not be a matter of pure judicial discretion but, rather, be based upon a clear set of presumptive factors that will be applied to whether the courts of a particular province can take jurisdiction.

After canvassing the leading substantive - consolidation standards and cases, Judge Jernigan determined that consolidation is appropriate under any test; her decision turned on a litany of facts and factors, including that (i) the company's «nerve center» is its Texas headquarters and all payroll for employees is effectuated from there, (ii) the company's centralized cash - management system and three bank accounts, (iii) all debtor entities were controlled by common officers and directors, (iv) the existence of substantial intercompany claims, (v) credible testimony demonstrated that preparing individual schedules was extraordinarily difficult and required numerous amendments, (vi) a substantial amount of creditors treated the debtors as a single unit, and (vii) that credible counsel had determined that the primary assets of many debtors — D&O litigation claims — are jointly owned by the debtors.

Among his career highlights includes playing a vital role on a shareholder derivative litigation team that obtained a US$ 38 million recovery for SandRidge Energy, Inc. and substantial corporate governance reforms.

She regularly handles environmental, toxic tort, food and product liability litigation in federal and state courts; routinely advises on environmental and food regulatory issues; and has substantial experience handling regulatory aspects of major transactions, including mergers and acquisitions, public / private partnership ventures and renewable energy deals.

She brings with her substantial experience representing both employees and employers in employment, labour and human rights related matters, with an emphasis on litigation.

Drawing on substantial skills and in - depth knowledge of ERISA's substantive provisions, our ERISA litigation group has been successful in making both threshold motions to dismiss and motions for summary judgment, thus avoiding or minimizing costly and disruptive discovery and trials.

One way is to require the client to pay all or a substantial share of the litigation expenses at the start of a case or on an ongoing basis.

We pride ourselves on our substantial databases drawn from our extensive litigation practice for life insurers as well as many other industry sources.

Paul Stockman has a broad - based complex trial and appellate litigation practice, with substantial focus on the litigation, trial and appeal of insurance coverage disputes in a variety of fora.

He has acted on transactions in over 50 countries with substantial experience in litigation and dispute resolution.

Substantial Commercial Court litigation instructed unled on behalf of cargo interests in relation to the grounding on a reef of a vessel and consequent damage to cargo and salvage / general average.

Engaged to counsel a multinational construction company on information management and e-discovery best practices, and assisted in substantial revisions to its information management and litigation hold policies.

This will have a substantial impact on long running, multi-party litigation which are a feature of so many construction disputes.

Currently working closely with the MOJ on substantial reforms to the legal sector including as to the introduction of contingency fee arrangements / no cure no pay agreements / referral fee ban under reforms proposed by Lord Justice Jackson / litigation funding generally.

Stephen G. Stroup has substantial experience in securities and corporate governance litigation, white collar criminal defense and corporate investigations, and complex business disputes, with a particular emphasis on Securities and Exchange Commission (SEC) enforcement proceedings and private actions involving accounting and financial issues.

The firm also maintains a substantial IP practice, acting for a wide range of clients on trade mark registration and IP litigation.

PROFILE Member of the Bar of the Supreme Court of the United States and certified member of the Bar of the Florida Supreme Court Proven track record of effectively representing high profile and multi-million dollar cases, negotiating complex transactions, formulating and drafting contracts, policies and procedures Civil litigation with emphasis on contract and tort law, focusing on substantial commercial litigation with mat...

What would be considered a substantial change depends on state law and is often a reason for litigation.