Sentences with phrase «against future litigation»

The provision is an indispensable ingredient in the stew of Collaborative Divorce in that it creates space for the parties (and their lawyers) to brainstorm in an open - minded, creative way without having to posture against future litigation against the attorney sitting right across the table.

Beyond its use as a defense against future litigation, a well - preserved court record can also prevent waiver and assist appellate courts in understanding the trial.

The Cryptocurrency Litigation Tracker serves as a clearinghouse for the industry to keep track of trends, in order to know what the regulators and plaintiffs» lawyers are thinking, both to prevent against future litigation and to develop defenses to current actions.

Not exact matches

In addition, the plan includes a $ 5 million litigation trust that could be used in the future to bring certain claims against stakeholders.

Judge Brendan Shannon of the U.S. Bankruptcy Court in Wilmington, Del., indicated he would sign off on the plan, subject to changes, despite attorneys for the U.S. trustee and Securities and Exchange Commission arguing against the broad protections offered to third parties that could shield them from future litigation.

Actual results may vary materially from those expressed or implied by forward - looking statements based on a number of factors, including, without limitation: (1) risks related to the consummation of the Merger, including the risks that (a) the Merger may not be consummated within the anticipated time period, or at all, (b) the parties may fail to obtain shareholder approval of the Merger Agreement, (c) the parties may fail to secure the termination or expiration of any waiting period applicable under the HSR Act, (d) other conditions to the consummation of the Merger under the Merger Agreement may not be satisfied, (e) all or part of Arby's financing may not become available, and (f) the significant limitations on remedies contained in the Merger Agreement may limit or entirely prevent BWW from specifically enforcing Arby's obligations under the Merger Agreement or recovering damages for any breach by Arby's; (2) the effects that any termination of the Merger Agreement may have on BWW or its business, including the risks that (a) BWW's stock price may decline significantly if the Merger is not completed, (b) the Merger Agreement may be terminated in circumstances requiring BWW to pay Arby's a termination fee of $ 74 million, or (c) the circumstances of the termination, including the possible imposition of a 12 - month tail period during which the termination fee could be payable upon certain subsequent transactions, may have a chilling effect on alternatives to the Merger; (3) the effects that the announcement or pendency of the Merger may have on BWW and its business, including the risks that as a result (a) BWW's business, operating results or stock price may suffer, (b) BWW's current plans and operations may be disrupted, (c) BWW's ability to retain or recruit key employees may be adversely affected, (d) BWW's business relationships (including, customers, franchisees and suppliers) may be adversely affected, or (e) BWW's management's or employees» attention may be diverted from other important matters; (4) the effect of limitations that the Merger Agreement places on BWW's ability to operate its business, return capital to shareholders or engage in alternative transactions; (5) the nature, cost and outcome of pending and future litigation and other legal proceedings, including any such proceedings related to the Merger and instituted against BWW and others; (6) the risk that the Merger and related transactions may involve unexpected costs, liabilities or delays; (7) other economic, business, competitive, legal, regulatory, and / or tax factors; and (8) other factors described under the heading «Risk Factors» in Part I, Item 1A of BWW's Annual Report on Form 10 - K for the fiscal year ended December 25, 2016, as updated or supplemented by subsequent reports that BWW has filed or files with the SEC.

«Her actions clearly show a disregard for her patients» safety and care, which causes her to be a threat to any future patients she might have,» said Reese Hays, the attorney on the board's litigation team who presented the case against Neuhaus.

Defenders of the Obama administration have said defending anti-gay laws such as DOMA sets a precedent that would prevent future administrations from allowing litigation against pro-laws to go unchallenged.

In an article about the future of litigation against «Don't Ask, Don't Tell,» Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, was quoted last week in Politico as suggesting the administration's defense of the law in court would allow the federal hate crimes law to stay on the books.

Factors that could cause Blizzard Entertainment's actual future results to differ materially from those expressed in the forward - looking statements set forth in this release include, but are not limited to, sales of Blizzard Entertainment's titles, shifts in consumer spending trends, the seasonal and cyclical nature of the interactive game market, Blizzard Entertainment's ability to predict consumer preferences among competing hardware platforms (including next - generation hardware), declines in software pricing, product returns and price protection, product delays, retail acceptance of Blizzard Entertainment's products, adoption rate and availability of new hardware and related software, industry competition, rapid changes in technology and industry standards, protection of proprietary rights, litigation against Blizzard Entertainment, maintenance of relationships with key personnel, customers, vendors and third - party developers, domestic and international economic, financial and political conditions and policies, foreign exchange rates, integration of recent acquisitions and the identification of suitable future acquisition opportunities, Activision Blizzard's success in integrating the operations of Activision Publishing and Vivendi Games in a timely manner, or at all, and the combined company's ability to realize the anticipated benefits and synergies of the transaction to the extent, or in the timeframe, anticipated.

The suits are part of a suite of litigation filed by nine American cities against big oil to pay for current and future damages to some of the most expensive real estate in the country caused by rising seas and hotter weather.

[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.

In future class action claims against nationwide corporate defendants, it appears that the U.S. Supreme Court is generally requiring piecemeal litigation in each state where a plaintiff was injured, instead of allowing for a single consolidated class action in a single state court lawsuit.

Forsters LLP property litigation partner Natasha Rees says the decision in the Sportelli litigation will protect tenants against landlords» claims that «hope value» — an additional sum payable in the anticipation of selling to a special purchaser in the future — should be included as part of the price.

Andy McGregor, banking litigation partner at RPC, says: «The banks will have been negotiating with the regulator for months trying to come to a settlement to reduce the size of their fine, but also trying to limit the extent to which the FCA's final penalty notice includes any admissions or evidence that could be used against them in a potential civil claim in the future.

Notable examples include acting for accountants in long - running litigation arising out of a failed tax avoidance scheme; acting for the developer and manufacturer of an offshore drilling system following an accident in operation; representing one of the Defendants in Novoship v Mikhaylyuk & Others, concerning allegations of bribery and secret profits; appearing in a substantial LCIA arbitration about the theft of oil stocks in East Africa;, successfully representing a broker in litigation against a former client under a futures brokerage contract in Sucden v Fluxo - Cane [2010] 2 CLC 216; and The «Ekha» [2011] 1 All ER Comm 1077, long - running litigation in the Commercial Court and Court of Appeal about an offshore drilling contract.

The decision does not provide additional guidance to determine in future cases whether bylaws requiring unit owner consent to pursue litigation are also against public policy.

If the privilege is available, advantages of asserting the privilege include that the client may be prevented from making statements in a civil proceeding that could be used against him or her in future criminal or civil proceedings or private civil litigation.82 In addition, testifying in a civil or criminal proceeding may, under certain circumstances, amount to a waiver of the Fifth Amendment privilege for purposes of the same proceeding and any future proceedings.83 Conversely, risks of asserting the privilege include that adverse inferences may, under certain circumstances, be drawn in civil or administrative proceedings from an individual's assertion of Fifth Amendment rights in a prior civil or administrative proceeding.84 Moreover, an individual's assertion of the privilege in a civil proceeding could factor into law enforcement's charging decisions.

We need your firm to issue demand notice when require or possible litigation and to bring actions in court against any customers now and in our future supplied since there is an agreement in place.

Some commentators believe Google may seek leave to appeal to the Supreme Court of Canada given the impact of this decision on its business practices and implications for future litigation against the search engine provider.

I have relied on the Law Office of Patrick Conkey for all of my legal matters for over two decades, and I will continue to rely on this law firm in the future for advice and representation in business litigation; and for personal injury claims that I have brought for accidents which were not my fault; and for insurance claims against both my insurance company, and the responsible party's insurance company in accident cases in which I was involved.

Mr. Girard currently serves on the leadership team in the Target and Sony data breach actions; serves as lead counsel in derivative litigation on behalf of Wal - Mart shareholders arising out of alleged bribery in Mexico, lead counsel for commodities investors in litigation arising out of the collapse of a commodities futures merchant, and lead counsel in a multi-district «pay for delay» antitrust proceeding against major pharmaceutical companies.

The Wall Street Journal is reporting that Bank of America is considering a deal with state and federal officials to reduce the amounts owed by some troubled borrowers in exchange for protection of future litigation against the bank.