Sentences with phrase «at issue in litigation»

Specifically will a Canadian court take an adverse inference against a party who has deliberately used an ephemeral messaging platform to discuss matters that are at issue in litigation?
The cost of documentary discovery under the present regime may easily overwhelm the amount at issue in the litigation.
The three power plants at issue in the litigation - the Armstrong, Hatfield's Ferry and Mitchell plants - are older, coal - fired generation units.
«Progress is being made on the pieces at issue in these litigations, and as always they will be delivered upon completion» — Gagosian Gallery

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.
At SLCG, he provided economic consulting to law firms involved in complex securities litigation and technical assistance on market structure, regulatory policy, and risk management issues to domestic and international securities regulators and market participants.
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.
Notably for our purposes, at all stages of the Barnette litigation in the courts below — as in Gobitis before it — the issues had revolved entirely around the schoolchildren's claim regarding their free exercise of religion.
Neither, Rienzi argues, does such a distinction exist within the Religious Freedom Restoration Act --- the statutory protection for religious exercise at issue in the mandate litigation.
At least five families have been sent to Broome in recent months, and officials there issued an ultimatum — either end the Special One Time Assistance Program, known as SOTA, or face civil and possibly even criminal litigation.
He worked with researchers at the FJC to investigate current policy issues confronting federal courts in addressing patent litigation.
The 80 minutes of occasionally spirited argument at the high court this morning focused on the two main issues in the greenhouse gas litigation: For the case to go forward, the plaintiffs must prove that the case has legal standing (they must show that the court is the right venue for resolving this dispute), and that the common law definition of nuisance can support suits over greenhouse gases.
Staten Island, NY About Blog The attorneys at our firm provide high quality legal representation in a wide range of practice areas, including Real Estate, Bankruptcy, Business and Commercial Law, Wills and Estates, Medicaid Planning, Mortgage Modification, Immigration, Nursing Home Patient Care Issues, Landlord & Tenant, Mediation, Commercial Litigation, and Divorce Law.
Dunn's contribution is to show that the issue was not an imperial judiciary that wished to reshape the schools, but a course of successful litigation in which the concentration of black children, whatever the cause, became the only target at which the courts could aim.
Randall G. Bennett is the Deputy Executive Director and General Counsel of the Tennessee School Boards Association where he provides general legal opinions to local boards of education, superintendents and TSBA staff on school governanace issues, organizes and presents at seminars and training events, prepares and files amicus briefs in appellate cases affecting public schools, monitors current litigation and changes in state and federal law, and supervises the Association's Policy Department, A former school board member and police officer, Mr. Bennett obtained his law degree from Nashville School of Law.
In addition, the Company expects the judge hearing the Company's long running litigation with the former minority owners of the Company's Haru segment to issue a decision in the case shortly which will require the Company to make a payment of at least $ 3.7 million (the amount offered by the Company) and as much as $ 10 million (the amount sought by the former minority ownersIn addition, the Company expects the judge hearing the Company's long running litigation with the former minority owners of the Company's Haru segment to issue a decision in the case shortly which will require the Company to make a payment of at least $ 3.7 million (the amount offered by the Company) and as much as $ 10 million (the amount sought by the former minority ownersin the case shortly which will require the Company to make a payment of at least $ 3.7 million (the amount offered by the Company) and as much as $ 10 million (the amount sought by the former minority owners).
Prior to joining Equal Justice Works, he was a Fellow at Shute, Mihaly & Weinberger LLP in San Francisco, where he represented citizen groups and local agencies in environmental litigation and land use and planning issues.
Jonathan Lovvorn, senior vice president and chief counsel for animal protection litigation at The Humane Society of the United States, issued the following statement: «Well - intentioned dog lovers are often duped into buying puppy mill dogs that were raised in the most horrific conditions.
Nevertheless, as was demonstrated in the West with fan ROM Chrono Trigger: Crimson Echoes, litigation is always a concern where the treatment of copyrighted properties are at issue, Comic Market being no guaranteed exception.
I know something about securities issues, and if an e-mail in an accountant's production in a securities litigation said what this one does, there easily could be discussions about criminal liability (think of an accountant speaking about financial statements in a prospectus and acknowledging that «we did not get right at all»).
In addition to being the author of Legal Research and Writing, 3rd ed (Toronto: Irwin Law, 2010) and The Law of Independent Legal Advice, 2nd ed (Toronto: Carswell, 2013), he is a regular speaker at conferences on issues of knowledge management, technology and the effective organization of litigation documents.
MG+M Partner Rebecca Kibbe will be speaking at the Cutting - Edge Issues in Asbestos Litigation Conference in Beverly Hills, California, on March 6, 2017.
(1) although Aker's request was «significantly reduced» after the Quebec court criticized its scope, Aker maintained its request for sample testing / extraction documents regarding the «Beaudoin» patents that were not even at issue in the US litigation;
For example, when the Apple / Samsung global patent litigation disputes started a few years ago, some commentators attributed the parties» decision not to litigate in Canada to inter alia, our lengthy discovery process and our apparent reluctance to narrow the issues early on (for example by providing claim charts (for both validity and infringement) at a preliminary stage).
If you are an owner currently facing a contractual dispute, business litigation, employment law complaint or would simply like to gain a better understanding of the legal issues involved in running a small business, give us a call at (858) 707-5858 to schedule your free consultation.
The information provided above is merely a general overview of some of the most common federal regulations and regulatory provisions that can be at issue in truck accident litigation.
At Eisen Law in Toronto, our knowledgeable and experienced estate litigation lawyers can help you with any and all issues involved in estate planning.
For questions about this case or if you or a loved one are looking for advice and guidance on this issue, contact the estate litigation lawyers at Eisen Law in Toronto to find out how we can help.
In addition, she served as an intern in international litigation and military procedure with the United States Department of Defense, Army Judge Advocate General Corps at the Pentagon, where she researched legal issues surrounding the prosecution of the Guantanamo Bay detainees following 9/1In addition, she served as an intern in international litigation and military procedure with the United States Department of Defense, Army Judge Advocate General Corps at the Pentagon, where she researched legal issues surrounding the prosecution of the Guantanamo Bay detainees following 9/1in international litigation and military procedure with the United States Department of Defense, Army Judge Advocate General Corps at the Pentagon, where she researched legal issues surrounding the prosecution of the Guantanamo Bay detainees following 9/11.
For questions about tax issues in estate matters, or for advice and guidance on other Estate Litigation issues, contact the estate litigation lawyers at Eisen Law in Toronto to find out how weLitigation issues, contact the estate litigation lawyers at Eisen Law in Toronto to find out how welitigation lawyers at Eisen Law in Toronto to find out how we can help.
They are not as well positioned as your in - house team to focus their efforts on the systems and business lines most critical for the litigation at issue.
Please join our panelists, litigation partners Antonio Perez - Marques, who argued the Albaniabeg vs. Enel appeal, and Frances Bivens, a leader of Davis Polk's international arbitration practice, for a discussion of the unique issues involved in defending claims at the enforcement phase, and the impact of the Enel decision.
Paul Fraidenburgh discusses «Constitutional Issues in Business Litigation» at the meeting of the Pacific Legal Scholars in Stockton, California
● It can also be useful when litigation lawyers have difficulty engaging the principals at their client in the issues of the dispute, or where those individuals do not have the time or the inclination to set time aside for mediation.
The Justice Reporter [PDF] is a fairly new online publication that focuses on issues affecting journalism and the law, conceived and edited by Tracey Tyler, legal affairs reporter at the Toronto Star, and Tony Wong, a litigation partner at Blakes specializing in media law.
In the case of litigation where infringement and validity of the patent are at issue, my degree provides a technical foundation which helps me fully understand the invention so I can distil relatively complex technology into more easily understandable arguments to present to a judge or jury who often do not have a technical background.
And at the same time, the lawyers accepted a secret side deal, where the firm would receive over $ 6 million from DuPont to refrain from further litigation involving Benlate (the pesticide at issue) and to serve as counsel or consultants for the company in future cases.
Within the past decade, banking and insurance companies have hired historical legal experts and spent a lot of time litigation over the US Federal Court system's power to issue equitable remedies such as the Mareva injunction and equitable liens to seize assets in federal litigation; the Alien Torts Act which has been used by international human rights organizations had its breadth restricted by use of 18th century views of the «law of nations» requiring recourse to historic writers like Hugo Grotius, and even administrative law has come under assault by dissents of Justice Thomas arguing that the «Chevron» doctrine of deference to agency interpretations of their own statutes should be set aside as being incompatible with the understanding of the American separation of powers doctrine as it was understood at the time of the country's founding.
As I explained in a previous post, «the decision on Apple's claims was very specific not only to the four patents at issue at that stage of the litigation but also to the course of events in that litigation (as I pointed out in my detailed analysis)», as evidenced by the fact that Apple has meanwhile won two preliminary injunctions against Samsung, while «Judge Posner's position on FRAND is universally - applicable, and it will be extremely influential, throughout and beyond the United States», to Google's (Motorola's) dismay.
He was able to help me and my brand new business through a difficult time by staying focused on the issues at hand, not getting sidetracked or distracted by the opposing attorney's diatribes, and maintaining values that make him someone you want on your side in any litigation.
In litigation matters that result from Arizona insolvency issues, or begin or end up in Phoenix bankruptcy courts, the Phoenix corporate bankruptcy lawyer professionals at the law firm of Burch & Cracchiolo represenIn litigation matters that result from Arizona insolvency issues, or begin or end up in Phoenix bankruptcy courts, the Phoenix corporate bankruptcy lawyer professionals at the law firm of Burch & Cracchiolo represenin Phoenix bankruptcy courts, the Phoenix corporate bankruptcy lawyer professionals at the law firm of Burch & Cracchiolo represent:
In this issue Extreme Litigation Support - A look at the Zacarias Mousssaoui trial and the Specialists who made it happen From the... [Read more...]
In my experience in estate litigation, probably the most difficult issue to win at trial is that of undue influencIn my experience in estate litigation, probably the most difficult issue to win at trial is that of undue influencin estate litigation, probably the most difficult issue to win at trial is that of undue influence.
Apple wanted a better outcome, but the decision on Apple's claims was very specific not only to the four patents at issue at that stage of the litigation but also to the course of events in that litigation (as I pointed out in my detailed analysis).
Ruth Carter: From the outside, my work looks pretty traditional right now, in that I work at a firm and I do transactional work and litigation, I'm also an adjunct professor to Arizona State University's law school, and I speak at a variety of conferences on legal issues.
But at Ontario's top court, Justice Robert Armstrong, writing on behalf of fellow panelists justices Robert Blair and Russell Juriansz, found that «the trial of the common issues in this case will significantly advance the litigation
And where it can become especially problematic is when again, you're dealing with a larger law firm, because sometimes the administrator, or the one person from that firm who is handling the insurance for the firm doesn't necessarily know that in litigation they took on this new matter that for whatever reason it wasn't underwritten at the time the policy was issued.
Our tax attorneys have a successful track record in advising publicly traded corporations, large and small private companies, and high net worth individuals on a wide variety of complex contested tax issues at every stage of the process, including IRS examination, IRS appeals and, where necessary, tax litigation.
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.
The Sedona Conference ® exists to allow leading jurists, lawyers, experts, academics and others, at the cutting edge of issues in the area of antitrust law, complex litigation, and intellectual property rights, to come together — in conferences and mini-think tanks (Working Groups)-- and engage in true dialogue, not debate, all in an effort to move the law forward in a reasoned and just way.
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