Sentences with phrase «breaches of the securities act»

On June 8, 2005, the maximum AMP available for a breach of the Securities Act was raised from $ 100,000 to $ 1 million.

The program would allow protective orders to be made by the OSC without the need for a specific admission of a breach of the Securities Act.

«The Alberta Securities Commission will continue to prosecute serious breaches of the Securities Act (Alberta) in Provincial Court in trials before a judge alone.»

Not exact matches

The case, filed in U.S. District Court for the Southern District of New York, alleges breach of fiduciary duty under the Employee Retirement Income Security Act.

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 Csecurities 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 CSecurities and Exchange Commission.

A.G. Schneiderman Announces SHIELD Act To Protect New Yorkers From Data Breaches In Wake of Equifax Hack, New Legislation Would Make NY A Leader In Data Security — Requiring Robust Protections For New Yorkers» Personal Info 2016 Alone Saw A 60 % Increase In Data Breaches Impacting New Yorkers Attorney General Eric T. Schneiderman introduced new legislation today to comprehensively protect New Yorkers» personal information from a growing number of data bBreaches In Wake of Equifax Hack, New Legislation Would Make NY A Leader In Data Security — Requiring Robust Protections For New Yorkers» Personal Info 2016 Alone Saw A 60 % Increase In Data Breaches Impacting New Yorkers Attorney General Eric T. Schneiderman introduced new legislation today to comprehensively protect New Yorkers» personal information from a growing number of data bBreaches Impacting New Yorkers Attorney General Eric T. Schneiderman introduced new legislation today to comprehensively protect New Yorkers» personal information from a growing number of data breachesbreaches.

In the wake of the Equifax breach, the Stop Hacks and Improve Electronic Data Security Act (SHIELD Act)- introduced in the legislature this week - would close major gaps in New York's data security laws, without putting an undue burden on busSecurity Act (SHIELD Act)- introduced in the legislature this week - would close major gaps in New York's data security laws, without putting an undue burden on bussecurity laws, without putting an undue burden on businesses.

The previous government has resorted an act that has been determined by the Security Council as a threat to the peace, breach of the peace, or act of aggression (Article 39 of the UN Charter) and the Security Council decides to take actions — but the new government has changed its behaviour and therefore, the Security Council may remove the actions (such as bans or...).

«We want you to use your good office to caution the people of Oze to desist forthwith from acts that will likely cause breach of peace and threat to security of Anambra state.»

The charges in part read: «That you Col. Mohammed Sambo Dasuki whilst being National Security Adviser and Shaibu Salisu, whilst being the Director of Finance and Administration in the Office of the National Security Adviser and Hon. Waripamowei Dudafa (now at large) whilst bring Senior Special Assistant, Domestic Affairs to the President on or about 27th November within the jurisdiction of this Honourable Court entrusted with dominion over certain properties to wit: the sum of N10billion being part of the funds in the account of the National Security Adviser with the CBN, the equivalent of which sum you received from the CBN in foreign currencies to wit: $ 47million and $ 5.6 million Euros committed criminal breach of trust in respect of the said property when you claimed to have distributed same to the Peoples Democratic Party (PDP) Presidential Primary Election delegates and you thereby committed an offence punishable under Section 315 of the Penal Code Act, Cap 532, Vol.4, LFN 2004.

«That you Col. Mohammed Sambo Dasuki whilst being National Security Adviser and Shaibu Salisu, whilst being the Director of Finance and Administration in the Office of the National Security Adviser on or about 12th December 2013 in Abuja within the jurisdiction of this Honourable Court, and in such capacities entrusted with dominion over certain properties to wit: N90million which was in the account of the ONSA with Diamond Bank Plc, committed criminal breach of trust in respect of the said property by remitting the said sum into the account of Brains and Hammers Limited for the purchase of 7 - bedroom duplex house at No. 11 Mansur Bamalli Drive (D1064), Apo 1 Abuja and you thereby committed an offence punishable under Section 315 of the Penal Code Act, Cap 532, Vol.4, LFN 2004.

The Defence Headquarters have warned that the military and other security agencies will not condone any acts by individuals or group that is capable of breach to security and economic sabotage in the Niger Delta or in any part of the country.

«That you, Olisa Metuh and Destra Investments Limited on or about the 24th November, 2014 in Abuja, did retain the sum of N400m on behalf of the Peoples Democratic Party of its campaign activities by concealing the said sum in your account with Diamond Bank Plc, when you reasonably ought to have known that such fund formed part of the proceeds of an unlawful activity of Col. Sambo Dasuki (Rtd), the then National Security Adviser, (to wit: criminal breach of trust and corruption), and you thereby committed an offence contrary to Section 17 (a) of the Money Laundering (Prohibition) Act, 2011 as amended in 2012 and punishable under Section 17 (b) of the same Act.

Account No. 0040437573 from the account of the Office of the National Security Adviser with the Central Bank of Nigeria without contract award, when you reasonably ought to have known that the said fund formed part of the proceeds of an unlawful activity of Col. Mohammed Sambo Dasuki (Rtd) the then NSA (To wit: criminal breach of trust and corruption) and thereby committed an offence contrary to section 15 (2)(d) of the Money Laundering (Prohibition) Act, 2011, as amended in 2012 and punishable under section 15 (3) of the same Act.

«That you, Olisa Metuh and Destra Investment Limited on or about the 24th November, 2014 in Abuja converted the sum of N400m paid into the account of Destra Investment Limited with Diamond Bank Plc, Account No: 0040437573 from the account of the office of the National Security Adviser with the Central Bank of Nigeria without contract award when you reasonably ought to have known that the said fund formed part of the proceeds of an unlawful activity of Col. Mohammed Sambo Dasuki (Rtd) the then National Security Adviser (To Wit: criminal breach of trust and corruption) and thereby committed an offence contrary to Section 15 (2), (d) of the Money Laundering (Prohibition) Act, 2011 as amended in 2012 and punishable under Section 15 (3) of the same Act.

He said, «it is a pity at a time when Nigeria is battling with the problem of insecurity and electoral malpractices, that we could have a government at whatever level being engaged in acts capable of breaching public peace and security.

That's because data security breaches aren't always the result of deliberate acts by malicious external actors.

Breaching the Data Protection Act carries severe consequences and can lead to heavy monetary fines or even prosecution, writes James Kelly, chief executive of the British Security Industry Association.

The class - action lawsuit, Wildman et al v. American Century Services, LLC et al, alleges breach of fiduciary duty under the Employee Retirement Income security Act of 1974 for excessive investment management and record - keeping fees, imprudent fund selection and for self - dealing by American Century, which plaintiffs contend filled the retirement plan with proprietary investment options for its own benefit.

The Underwriting Agreement between the Trust and Ceros Financial Services Inc. («Ceros») provides that the Registrant agrees to indemnify, defend and hold Ceros, its several officers and directors, and any person who controls Ceros within the meaning of Section 15 of the Securities Act free and harmless from and against any and all claims, demands, liabilities and expenses (including the reasonable cost of investigating or defending such claims, demands or liabilities and any reasonable counsel fees incurred in connection therewith) which Ceros, its officers and directors, or any such controlling persons, may incur under the Securities Act, the 1940 Act, or common law or otherwise, arising out of or based upon: (i) any untrue statement, or alleged untrue statement, of a material fact required to be stated in either any Registration Statement or any Prospectus, (ii) the breach of any representations, warranties or obligations set forth herein, (iii) any omission, or alleged omission, to state a material fact required to be

Two participants in Home Depot Inc.'s 401 (k) plan have sued plan executives alleging that excessive fees and poor - performing investments represented a breach of their fiduciary duties under the Employee Retirement Income Security Act.

You will not, and will not allow or authorize others to, use the Services or the Sites to take any actions that: (i) infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation (including those regarding export control); (iii) are defamatory, trade libelous, threatening, harassing, invasive of privacy, stalking, harassment, abusive, tortuous, hateful, discriminatory based on race, ethnicity, gender, sex or disability, pornographic or obscene; (iv) interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on the Animal League or its licensors or suppliers» infrastructure; (v) involve knowingly distributing viruses, Trojan horses, worms, or other similar harmful or deleterious programming routines; (vi) involve the preparation and / or distribution of «junk mail», «spam», «chain letters», «pyramid schemes» or other deceptive online marketing practices or any unsolicited bulk email or unsolicited commercial email or otherwise in a manner that violate the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN - SPAM Act of 2003); (vii) would encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal or international laws, rules or regulations; (viii) involve the unauthorized entry to any machine accessible via the Services or interfere with the Sites or any servers or networks connected to the Sites or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, or attempt to breach the security of or disrupt Internet communications on the Sites (including without limitation accessing data to which you are not the intended recipient or logging into a server or account for which you are not expressly authorized); (ix) impersonate any person or entity, including, without limitation, one of the Animal League's or other's officers or employees, or falsely state or otherwise misrepresent your affiliation with a person or entity; (x) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Sites; (xi) collect or store personal data about other Animal League members, Site users or attempt to gain access to other Animal League members information, or otherwise mine information about Animal League members, Site users, or the Sites; (xii) execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Sites» servers or any data not intended for you; (xiii) attempt to circumvent authentication or security of any content, host, network or account («cracking») on or from the Sites; or (xiv) are contrary to the Animal League's public image, goodwill, reputation or mission or otherwise not in furtherance of the Animal Leagues stated purposes.

There is a potential role for the Australian Securities and Investment Commission to examine whether the stigmatisation of the fossil fuel sector via the divestment campaign is a breach of the [Corporations Act].

With the rare experience of helping entertainment companies plan and orchestrate concerts and festivals across the U.S. and around the globe, John built the model for a practice group that caters to live music festivals and similar events, with a «soup to nuts» suite of legal services spanning complicated personal injury litigation, construction, bid protests, breach of contract, Dram Shop laws, employment, the Employee Retirement Income Security Act (ERISA), and more.

She has litigated cases involving Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Employee Retirement Income Security Act, the Fair Labor Standards Act, the National Labor Relations Act, the Family and Medical Leave Act, various state discrimination statutes, and common law and tort claims, such as retaliatory discharge, defamation, and breach of contract claims.

Business leaders may fail to uphold their legal responsibilities if they don't take reasonable steps to prepare their companies for cyberattacks and information security breaches, says Toronto technology and business lawyer Peter Murphy, who has acted as counsel on some of Canada's most notorious privacy breaches.

Trial Victory by Joe Garin and Steve Keim Real Estate Broker client was sued for 1) Breach of Contract, 2) Breach of Fiduciary Duties, 3) Violation of the Securities Act, and 4) intentional and negligent misrepresentation.

The Act legitimises powers which the security services were already exercising, as we saw when the Investigatory Powers Tribunal ruled in October 2016 that the collection of confidential personal data by the security services had breached human rights laws.

In September, the government released proposed Breach of Security Safeguards Regulations giving more information about amendments from the Digital Privacy Act that impact Canada's Personal Information Protection and Electronic Documents Act.

On December 20, 2011, the New York Court of Appeals unanimously ruled in Assured Guaranty (UK) Ltd. v. J.P. Morgan Investment Management Inc. that the New York General Business Law article 23 - A, sections 352 - 353, also known as the «Martin Act,» does not preempt common law securities claims for breach of fiduciary duty and gross negligence.

Recent advisory work includes advising on the strength of a claim to a right of way by prescription of residential land; advising on the scope of a restrictive covenant contained in a transfer of freehold land; advising a prospective vendor on an aborted conveyance of land; advising on security of tenure under the Rent Act 1977; advising in respect of a nuisance claim concerning an interference with a right of way; advising a commercial landlord in respect of a tenant's breach of user covenant; and advising in a claim for rectification of the title to the property in respect of a void transfer.

In Allen v. Aspen Group Resources Corporation, Strathy J. refused to summarily dismiss a class action against a law firm, and held that the law firm may be vicariously liable under the Partnership Act for alleged breaches of s. 131 of the Securities Act by one of its partners in his capacity as a corporate director.

The firm continues to handles professional negligence matters for longstanding clients, including Paragon Mortgages and Idem Capital Securities; Frances Mitchell is continuing to act for the former in multiple claims against a firm of solicitors concerning alleged breaches of duty over buy - to - let mortgages.

Matters have included: securities fraud, derivative actions, breaches of contract, unfair competition and other business torts; False Claims Act violations; discriminatory conduct; violations of professional standards; and breaches of duty.

David has acted for clients in a wide range of disputes, including shareholder and partnership disputes, securities litigation, class action defence, proceedings under the Competition Act, employment law disputes, contract disputes, breach of confidence / intellectual property disputes, fidelity bond claims, and professional negligence claims.

Charges were dismissed by the Ontario Court of Justice in R v. Lowman against two individuals who, in connection with their creation of a website, were alleged to have engaged in unregistered trading, issuing securities without filing a prospectus and making a prohibited representation that securities would be listed on an exchange with the intention of effecting a trade in breach of the Ontario Secursecurities without filing a prospectus and making a prohibited representation that securities would be listed on an exchange with the intention of effecting a trade in breach of the Ontario Secursecurities would be listed on an exchange with the intention of effecting a trade in breach of the Ontario SecuritiesSecurities Act.

Delisle faces two counts of violating the Security of Information Act and one Criminal Code count of breach of trust by a public officer.

The Digital Privacy Act amended the Personal Information Protection and Electronic Documents Act (Canada) to add notification requirements for «breaches of security safeguards», but we've all been anxiously awaiting regulations that will breathe life into the provisions.

Tagged copyright, copyright infringement, copyright litigation, Data breach, data breach response, data security, Houston Harbaugh Merger, intellectual property, intellectual property litigation, lanham act, patent, patent litigation, Picadio Sneath Miller & Norton, pittsburgh, pittsburgh intellectual property litigation, pittsburgh patent litigation, Pittsburgh Technology, pittsburgh trademark lawyer, PSMN ®, technology, trademark litigation, Western District of Pennsylvania

On September 2, 2017, the federal government published the proposed regulatory text of the Breach of Security Safeguards Regulations (Regulations) made under the Personal Information Protection and Electronic Documents Act (PIPEDA).

The second is the determination under Art 39 by the UN Security Council of the existence of any threat to the peace, breach of the peace, or act of aggression to which it may decide what measures shall be taken in accordance with Arts 41 and 42, to maintain or restore international peace and sSecurity Council of the existence of any threat to the peace, breach of the peace, or act of aggression to which it may decide what measures shall be taken in accordance with Arts 41 and 42, to maintain or restore international peace and securitysecurity.

In addition Hailsham Chambers has the capacity to advise on and act in civil claims and regulatory proceedings arising out of a cyber security breach of a firm, corporation or individual's computer system.

After reviewing the case - law, the judge concluded that: • The changes proposed by the unit owner did in fact constitute additions, alterations and improvements to the common elements; • The board's decision to treat the proposed changes as substantial due to security concerns did not demonstrate any lack of good faith on the part of the board and did not constitute a breach of section 135 of the Act; • While the board's concerns about safety were reasonable, the board was not being reasonable in requiring a full - time security guard.

Al Waheed v Ministry of Defence, Mohammed v Ministry of Defence [2017] UKSC 2, [2017] 2 WLR 327 Instructed in the Supreme Court challenge concerning allegations that persons in Iraq and Afghanistan were unlawfully detained in breach of article 5 of the European Convention on Human Rights by HM armed forces acting under mandates from the United Nations Security Council.

Last month the Senate introduced a bill called the Cyber Threat Sharing Act, which would encourage companies like Google to share customer data and divulge the details of security threats and breaches with the NSA and other government agencies.

About Blog Analyzing the Global Impact of Cybersecurity, Law, and Business Risk.I have extensive experience advising and guiding clients through state and federal court matters involving highly complex cyber, technology, commercial, and intellectual property legal issues such as computer fraud, hacking, data security and data breach, privacy, social media law and the Computer Fraud and Abuse Act.

The absence of access to complaints processes such as under the Race Discrimination Act also breaches the right to social security.

Another, the Data Security and Breach Notification Act, focuses on the data protection side on behalf of consumers.