Sentences with phrase «based on litigation»

I have my own observations based on the litigation files I have worked on.

The traditional Family Court system, which is based on litigation with attorneys for each parent, tries to help families with children to resolve child - sharing disputes, but with mixed results.

The way for universities to make sure patented inventions actually get used is to partner with companies committed to making advancement in those areas of technology, not those with business models based on litigation.

One question posed by the discussion paper asks: «Do you think the Courts» approach to costs should be applied uniformly or be adapted based on litigation type or whether the unsuccessful party is a self - represented litigant?»

«The Elements of a Legal Malpractice Case Based on Litigation Errors,» Practical Lawyer 28:53, 1982.

1 Jan. 14, 2016)(unpublished) is an interesting SLAPP grant, producing a split merits decision as far as the grant on a claim based on the litigation privilege.

Trustee successfully obtained summary adjudication of the negligence and slander of title (monetary) causes of action based on the litigation privilege.

However, on August 26, 2011, the U.S. Court of Appeals for the Seventh Circuit vacated the Rule, based on litigation from OOIDA, stating that FMCSA failed to address the issue of driver harassment and ways to ensure that ELDs were not used to harass drivers.

Based on litigation in the United States, it remains unclear where the line can be drawn between protected free speech and impermissible use of the internet that can subject students, and teachers, to discipline.

Not exact matches

Rockstar, an Ottawa - based patent - licensing and - enforcement company, launched a blitz of litigation on Oct. 31 against Google and handset manufacturers using its Android operating system, including Samsung Electronics and HTC.

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.

Actual results, including with respect to our targets and prospects, could differ materially due to a number of factors, including the risk that we may not obtain sufficient orders to achieve our targeted revenues; price competition in key markets; the risk that we or our channel partners are not able to develop and expand customer bases and accurately anticipate demand from end customers, which can result in increased inventory and reduced orders as we experience wide fluctuations in supply and demand; the risk that our commercial Lighting Products results will continue to suffer if new issues arise regarding issues related to product quality for this business; the risk that we may experience production difficulties that preclude us from shipping sufficient quantities to meet customer orders or that result in higher production costs and lower margins; our ability to lower costs; the risk that our results will suffer if we are unable to balance fluctuations in customer demand and capacity, including bringing on additional capacity on a timely basis to meet customer demand; the risk that longer manufacturing lead times may cause customers to fulfill their orders with a competitor's products instead; the risk that the economic and political uncertainty caused by the proposed tariffs by the United States on Chinese goods, and any corresponding Chinese tariffs in response, may negatively impact demand for our products; product mix; risks associated with the ramp - up of production of our new products, and our entry into new business channels different from those in which we have historically operated; the risk that customers do not maintain their favorable perception of our brand and products, resulting in lower demand for our products; the risk that our products fail to perform or fail to meet customer requirements or expectations, resulting in significant additional costs, including costs associated with warranty returns or the potential recall of our products; ongoing uncertainty in global economic conditions, infrastructure development or customer demand that could negatively affect product demand, collectability of receivables and other related matters as consumers and businesses may defer purchases or payments, or default on payments; risks resulting from the concentration of our business among few customers, including the risk that customers may reduce or cancel orders or fail to honor purchase commitments; the risk that we are not able to enter into acceptable contractual arrangements with the significant customers of the acquired Infineon RF Power business or otherwise not fully realize anticipated benefits of the transaction; the risk that retail customers may alter promotional pricing, increase promotion of a competitor's products over our products or reduce their inventory levels, all of which could negatively affect product demand; the risk that our investments may experience periods of significant stock price volatility causing us to recognize fair value losses on our investment; the risk posed by managing an increasingly complex supply chain that has the ability to supply a sufficient quantity of raw materials, subsystems and finished products with the required specifications and quality; the risk we may be required to record a significant charge to earnings if our goodwill or amortizable assets become impaired; risks relating to confidential information theft or misuse, including through cyber-attacks or cyber intrusion; our ability to complete development and commercialization of products under development, such as our pipeline of Wolfspeed products, improved LED chips, LED components, and LED lighting products risks related to our multi-year warranty periods for LED lighting products; risks associated with acquisitions, divestitures, joint ventures or investments generally; the rapid development of new technology and competing products that may impair demand or render our products obsolete; the potential lack of customer acceptance for our products; risks associated with ongoing litigation; and other factors discussed in our filings with the Securities and Exchange Commission (SEC), including our report on Form 10 - K for the fiscal year ended June 25, 2017, and subsequent reports filed with the SEC.

The report includes a chart, based on Chien's research, showing that troll litigation has soared in the last two years:

The benefit of a tax position is recognized in the financial statements in the period during which, based on all available evidence, management believes it is more likely than not that the position will be sustained upon examination, including the resolution of appeals or litigation processes, if any.

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.

No matter which way the Court goes, it will risk opening another door to the bottomless pit of constitutional litigation based on claims of individual autonomy, whether it is called by that name or not.

Materials from our program and on our web sites may contain information that includes or is based upon forward - looking statements within the meaning of the securities litigation reform act of 1995.

They should be rooted in the facts of what will help a wounded person heal and find a fresh start» and not on a litigation «market price» based on the last highest settlement paid by another institutional defendant.

Contract and property law are useful far beyond their role in litigation because they allow people of good faith to coordinate their activities by following pre-announced legal forms rather than having to work out their plans (even in good faith) on a case - by - case basis.

Wheaton - based law firm Rathje & Woodward, LLC., which represents Buck's and the landowners, declined to comment on the pending litigation.

-LSB-...] in «pink slime» defamation litigation, but suit against ABC and others continues [Bettina Siegel / Lunch Tray] Suit against ABC based in part on state food - disparagement statute occasionally criticized in this -LSB-...]

This article is based on conversations with Catherine Barnard, professor of EU Law at the University of Cambridge, Anand Menon, professor of European Politics and Foreign Affairs at King's College London and director of UK in a Changing Europe, Steve Peers, professor of EU, Human Rights and World Trade Law at the University of Essex, Amy Porges, adviser and government representative on WTO negotiations and litigation and free trade agreements, John Springford, director of Research at the Centre for European Reform and other politicians, trade negotiators, civil servants and officials in London, Washington and Brussels who asked not to be named.

While this is not an unreasonably short standard compared to similar laws in New York or Germany, my research on administrative litigation in China (based on 178 interviews) suggests that this simple limitation derails more cases against the Chinese state than any other factor.

According to a resolution passed by the town board on Dec. 21, Mintz and Gold will represent the town in the lawsuit on a contingency basis, with no fees due from the town unless an award is made as a result of the litigation.

In 2002, Sheldon Silver began working for the Weitz & Luxenberg firm, which specializes in asbestos litigation and paid him $ 120,000 a year «based on his official position rather than any work he was expected to perform for clients of the firm,» said Manhattan US Attorney Preet Bharara.

And according to the state comptroller's office, another state agency acting on behalf of the now - defunct Moreland Commission to Investigate Public Corruption requested $ 200,000 for a Buffalo - based «litigation support» firm for «data collection and analysis, to assist the federal government.»

The order «is based on bigotry, not reality,» Lena F. Masri, the council's national litigation director, said in a statement.

When litigation does arise, our attorneys handle it with skill, expertise and sound business judgment, resolving matters successfully and on a cost - effective basis.

It repeatedly said that it must make its decision «based solely on the record before us,» an artificial but convenient standard peculiar to litigation.

Even when students and their families have been successful in school funding litigation based on state constitutions, many state lawmakers have resisted and evaded court mandates to provide equitable or adequate funding.

State constitutional provisions guaranteeing an adequate education are not a novel basis for litigation, but other cases have largely focused on deficiencies in school financing.

«We couldn't have asked for a stronger opinion to defend on appeal,» said Clint Bolick, the litigation director of the Washington - based Institute for Justice, which represents a group of low - income Milwaukee families who could receive vouchers under the expanded program.

To avoid this outcome, a new wave of school - finance litigation has instead endorsed an «adequacy» claim based on state constitutional clauses that exhort the legislature to provide for a «thorough and efficient» (or similar language) system of education.

There has been ongoing litigation about the disproportionate impact of teacher layoffs on the state's most impoverished schools, some of which face losing most of their teachers if layoffs are based on seniority rather than performance.

Also, the budget could be impacted by «any litigation resulting from denying a petition on a basis that is not clearly based in law.»

You have in your packet a blue sheet that gives you the order of the day, so I won't belabor that too much, but I will just remind you that we're going to start out with a session on history this morning; then go to a lunchtime segment that will focus on some of the relevant federal constitutional issues, including evaluations of the federal attacks on and defenses of the Blaine amendments; then we will finish off the day with a session that will focus on litigation strategy related to these amendments and some of the arguments being made for and against them in that litigation, as well as a focus on how debates over faith - based initiatives and school vouchers are affected by these particular state constitutional restrictions.

Any posts relating to families, child custody litigation, substance abuse, etc. are based on Rhonda's experience as an investigator for the state and the family courts and are solely her opinion.

That Samsung also chose to base the Note II off of the Galaxy S III is no mere coincidence either, as the current flagship for the manufacturer was designed specifically to avoid the type of litigation that it ultimately found itself on the wrong side on after last week's court verdict on patent infringement, though as will be covered later on, the Galaxy S III core design will only apply to new Android devices going forward.

Requiring this case to be litigated on an individual basis would risk disparate results in nearly identical suits and exponentially increase the cost of litigation... Class action, by contrast, would achieve economies of time and effort, resolving common legal and factual issues «without sacrificing procedural fairness or bringing about other undesirable results.»

Sure, colleges and universities use collection agencies on a regular basis, but many have chosen to avoid litigation against their students and to keep everything «in house.»

Tremendous opportunities also exist in all parts of MBIA's capital structure based on CEO Jay Brown's past turnaround successes, the resumption of new business, run - off earnings, and expected litigation proceeds.

New York, NY About Blog The Manhattan NY based boutique law firm of Starr & Starr, PLLC focuses on Bankruptcy Law, Collections and Civil Litigation matters.

This argument is based on a legal theory that has never been tested before, and the outcome — at least at the first stage of the litigation — may be heavily influenced by which three judges happen to be randomly assigned to sit on the panel that hears the case; a broad range of political viewpoints are represented on the U.S. Court of Appeals for the District of Columbia Circuit, which hears such cases.

The survey responses predict a decline in asset values based on damage to company reputations, litigation losses, and regulation to curtail «fossil fuel pollution.»

In the absence of a court adjudicating what equity requires of nations in setting their national climate change commitments, a possibility but far from a guarantee under existing international and national law (for an explanation of some of the litigation issues, Buiti, 2011), the best hope for encouraging nations to improve the ambition of their national emissions reductions commitments on the basis of equity and justice is the creation of a mechanism under the UNFCCC that requires nations to explain their how they quantitatively took equity into account in establishing their INDCs and why their INDC is consistent with the nation's ethical obligations to people who are most vulnerable to climate change and the above principles of international law.

Lisa Garcia guides Earthjustice's work in groundbreaking litigation to protect communities and families from the wide range of pollution issues that confront them on a daily basis.

The proposed ALEC model «Environmental Impact Litigation Act,» based on a law passed in North Dakota in 2015, would allow coal, oil, and gas companies to pay into a fund for the state to sue against a number of key federal environmental laws, including the Clean Air Act.

The Energy & Environment Legal Institute (E&E Legal) is a coal funded non-profit think tank [formerly the American Tradition Institute (ATI)-RSB- that engages in litigation and policy research to «hold accountable those who seek destructive government regulation that's based on agenda - driven policy making, junk science, and hysteria.»

«Whether or not the attribution would hold up in court, Stanton Glantz expressed some enthusiasm about such a strategy, based on his experience with tobacco litigation.

The Zurich - based firm, in an examination of the consequences of globalization of class actions on insurers, said, «We expect, however, that climate change - related liability will develop more quickly than asbestos - related claims and believe the frequency and sustainability of climate change - related litigation could become a significant issue within the next couple of years...»