Sentences with phrase «as breach of»

Although cases involving property management were once again the most frequent area of liability, legal issues such as breach of contract, breach of fiduciary duty, and property disclosure were the major areas of liability for residential practitioners.

Involving a third person such as the adoptive parents may be perceived by the adopted person as a breach of their privacy.

In particular, the introduction of the confirmation provisions, which provided for the extinguishment or partial extinguishment of native title by the creation of non-native title tenures and classes of tenures, was criticised as a breach of the international and domestic law on racial equality.

However, I would suggest that this obligation will not be easy to enforce.15 A presiding member of the NNTT will not find it easy to identify a party's behaviour as a breach of the requirement to act in good faith and to report accordingly.

In Campbell v Attorneys - General & The Nisga'a Nation, [79] the terms of a treaty which gave legislative (and thus law - making) power to the Nisga'a people in relation to education, the preservation of their culture and the use of their land and resource were challenged as a breach of the Canadian Constitution.

While some old school companies may see an email as a breach of etiquette, Yale Law School says that it is «preferable [to use email] given the time crunch,» but you should keep the professional business format and tone.

The company's terms of service do not say deleting messages violates community standards, but it's being seen as a breach of trust, which is not good for Facebook, considering it's still reeling from the effects of the Cambridge Analytica scandal.

But the timing of this announcement has led to further criticism that making the feature widely available does not address what some perceive as a breach of trust by Facebook.

Privacy Shield replaces the prior Safe Harbor arrangement, which stood for fifteen years before being invalidated by Europe's top court after a legal challenge that was largely focused on US government mass surveillance practices as a breach of EU privacy rights.

When TechCrunch asked Zuckerberg through Messenger about how this may be seen as a breach of trust to the 1.2 billion people who use the service every month, the executive declined to comment.

Many users are seeing that as a breach of trust.

While the company's terms of service do not specify anything against deleting messages, the act has been criticized as a breach of trust.

It always amazes me that the response to anything that might allow the government access to data is treated as a breach of privacy and the reaction is «you should never ever be able to access my data».

If a claim is brought against you, your liability coverage will provide you with legal expenses so long as the breach of privacy was unintentional.

It is important for the insured to inform about any such changes to the insurer, as breach of this clause could lead to decline of the claim in extreme cases.

Additionally, Beasley Allen has successfully represented businesses against other businesses in cases involving fraud, as well as breach of contract, third - party interference with contract, and disclosure of trade secrets.

If the company fails to pay you as agreed for an agreed time period, that could function as a breach of the contract that would prevent it from enforcing the non-compete, putting aside the question of whether the non-compete is viable in general.

Conversely, licensees must also act honesty, e.g. by accurately reporting royalties owed to the licensor, otherwise they could be found in breach of the duty as well as breach of their royalty reporting obligations under the license.

Maybe that notice could be argued to be more generally applicable, i.e. to support a claim of copyright («I said the addressee was not supposed to send it in i.e. publish it») as well as breach of confidence.

Our lawyers have extensive knowledge of the issues at the heart of the entertainment and media businesses and have tried and arbitrated many high stakes cases involving claims in diverse, but sometimes related, areas such as breach of contract, copyright, trademark, idea theft, misappropriation of trade secrets, patent, right of publicity, defamation, free speech, and unfair competition.

The disputes Ravi has been instructed have involved allegations of fraud and corruption as well as breach of contract and tort.

Achieved dismissal of class action litigation challenging client's $ 6.3 billion acquisition as breach of fiduciary duties in parallel proceedings in Florida state court and Delaware Chancery Court (2015)

In commercial litigation matters, Ms. Fugée has experience with the Uniform Commercial Code in the areas of secured transactions, sales, and banking (articles 2, 3, 4 and 9), as well as breach of contract matters, lender liability, lien disputes and other commercial disputes.

In an ironic twist the SAC took advantage from the CCC's ruling which found that such a violation would qualify as a breach of the constitutional right to the lawful judge (another irony lies in the fact that this ruling concerned a violation by the SAC...).

My areas of specialism include contentious housing matters, advising landlords on matters such as breach of covenants, nuisance, possession, subletting, hoarding, disrepair and failing to provide access.

Where the charge is an offence against the administration of justice, such as a breach of a court order, the Prosecutor should consider the extent of non-compliance, the seriousness of the alleged breach and any apparent reasons for the breach in determining her position on bail.

As breach of competition and antitrust law has become a serious and potentially catastrophic issue for businesses of all shapes and sizes, so MI has built a substantial global network of experts on standby to act at any time.

Cast as a breach of sections 7 and 15 of the Charter of Rights and Freedoms, the action alleges that prisoners are being discriminated against as they do not have any access to the sterile injection equipment widely available for drug users through community based programs across Canada.

The type of legal claims, such as breach of contract, personal injury, or the like, but broken down as finely as possible, e.g., rear - end collision, antitrust (refusal to deal), and so on,

Despite the fact this issue was not raised at trial, the Trial Judge treated this point as a breach of the rule, meaning he gave significantly less weight to the Appellant's evidence.

Penalties for convictions for fraud are increasing in severity, especially if there are aggravating factors such as breach of trust or any kind of coercion.

'' (T) he doctrinal basis relied on in the U.S. is significantly different from what is commonly referred to in the law of Canada and other Commonwealth countries as breach of fiduciary duty.

The supplier filed a counterclaim to foreclose on its construction lien against the owners as well as a breach of contract claim against the general contractor.

Since filing lawsuits does not deter enough unfair treatment, we also assist small businesses with employment law compliance, drafting fair employment agreements, and general business matters, such as breach of contracts and debt collection.

To allow a claim under § 1132 (a)(3) would permit «ERISA claimants to simply characterize a denial of benefits as a breach of fiduciary duty, a result which the Supreme Court expressly rejected.»

He represents clients across a range of industries, including finance, healthcare and manufacturing, in both the defense and prosecution of claims involving matters such as breach of contract, fiduciary breach, fraud and the False Claims Act.

If an employer was to make changes to the work contract, without first seeking the permission of the employee, this might be regarded as a breach of contract.

Recent cases have involved issues such as breach of contract; adverse possession; riparian rights; access; and disputed agricultural tenancies.

Undertaking a regulated activity without the appropriate authorisation is known as a breach of the «general prohibition», which is a criminal offence (FSMA 2000, s 23).

Mr. Branson has experience with commercial claims, such as breach of contract and business torts and has represented foreign sovereigns in international investment disputes.

He is experienced in commercial and financial services disputes, including administrative applications involving trustees, beneficiaries and protectors, as well as breach of trust actions and corporate insolvency.

As trial counsel, Mr. Davis has obtained favorable verdicts for his clients in jury and bench trials in both state and federal courts in a wide variety of trademark, patent and trade secrets cases, as well as breach of contract and corporate matters.

In Terminiello, convictions were not allowed to stand, because the trial judge charged that speech of the defendants could be punished as a breach of the peace

Though product liability actions may be brought as breach of warranty, negligence, or strict liability claims, product liability actions to recover damages for a victim's personal injury or death are usually brought as strict liability claims.

Negligence is generally defined as the breach of the duty of care owed by an individual or entity to someone else.

The policy can be tailored to the needs of the insured, regardless of the subject matter or jurisdiction and the type of insurance cover can range from something as simple as a breach of a supply contract or dispute with an employee through to highly complicated intellectual property or product liability litigation.

Prior to joining Lipe Lyons, Ms. Abraham spent several years as a trial attorney for a Chicago based firm defending insurance carriers and their insureds in personal injury and property damage claims arising from motor vehicle collisions, as well as breach of contract and insurance coverage disputes.

We even handle the more complex cases that most smaller and solo firms won't handle, such as breach of fiduciary duty, wrongful death, complex real estate disputes, mergers and acquisitions, asset sales agreements, and general counsel services.

Disputes of this nature, such as a breach of contract, typically fall under what is known as civil litigation which entails the use of courts or arbitrators for adjudication.

He has defended contractors in high - stakes injury and wrongful death cases involving claims of negligence, unsafe construction practices and failure to provide a safe worksite, as well as breach of contract and contractual indemnity claims related to construction projects.