Sentences with phrase «by litigation funding»

It is unusual that details of an investment treaty claim supported by litigation funding are released into the public domain.

Harbour co-founder Susan has been described by Litigation Funding Magazine as the «Grand Dame» of litigation funding because of her extensive experience in this area.

He said the class action, which is backed by litigation funder IMF Bentham limited, will be open to all shareholders «aggrieved» by AMP's misconduct.

Due to the approach of the market, we are able to provide advice on the possibilities and challenges when acting for or against clients having their case financed by litigation funders.

Arbitration — Claim in arbitration rejected and costs awarded against claimant — Appeal against arbitration award for serious irregularity — Application by defendant for security for the costs of the application and security for the costs award — Effect of claim being funded by litigation funders — Arbitration Act 1996, sections 68 (2)(d), 70 (5) and 70 (6).

When structured in this way, the premium typically costs less than one third of the return charged by litigation funders.

The premium for Attorney Fee Insurance is often fully contingent upon success, but typically costs less than one third of the return charged by litigation funders, which is a key differential that attorneys need to be aware of when advising their clients on potential litigation finance options.

Not exact matches

Important factors that could cause actual results to differ materially from those reflected in such forward - looking statements and that should be considered in evaluating our outlook include, but are not limited to, the following: 1) our ability to continue to grow our business and execute our growth strategy, including the timing, execution, and profitability of new and maturing programs; 2) our ability to perform our obligations under our new and maturing commercial, business aircraft, and military development programs, and the related recurring production; 3) our ability to accurately estimate and manage performance, cost, and revenue under our contracts, including our ability to achieve certain cost reductions with respect to the B787 program; 4) margin pressures and the potential for additional forward losses on new and maturing programs; 5) our ability to accommodate, and the cost of accommodating, announced increases in the build rates of certain aircraft; 6) the effect on aircraft demand and build rates of changing customer preferences for business aircraft, including the effect of global economic conditions on the business aircraft market and expanding conflicts or political unrest in the Middle East or Asia; 7) customer cancellations or deferrals as a result of global economic uncertainty or otherwise; 8) the effect of economic conditions in the industries and markets in which we operate in the U.S. and globally and any changes therein, including fluctuations in foreign currency exchange rates; 9) the success and timely execution of key milestones such as the receipt of necessary regulatory approvals, including our ability to obtain in a timely fashion any required regulatory or other third party approvals for the consummation of our announced acquisition of Asco, and customer adherence to their announced schedules; 10) our ability to successfully negotiate, or re-negotiate, future pricing under our supply agreements with Boeing and our other customers; 11) our ability to enter into profitable supply arrangements with additional customers; 12) the ability of all parties to satisfy their performance requirements under existing supply contracts with our two major customers, Boeing and Airbus, and other customers, and the risk of nonpayment by such customers; 13) any adverse impact on Boeing's and Airbus» production of aircraft resulting from cancellations, deferrals, or reduced orders by their customers or from labor disputes, domestic or international hostilities, or acts of terrorism; 14) any adverse impact on the demand for air travel or our operations from the outbreak of diseases or epidemic or pandemic outbreaks; 15) our ability to avoid or recover from cyber-based or other security attacks, information technology failures, or other disruptions; 16) returns on pension plan assets and the impact of future discount rate changes on pension obligations; 17) our ability to borrow additional funds or refinance debt, including our ability to obtain the debt to finance the purchase price for our announced acquisition of Asco on favorable terms or at all; 18) competition from commercial aerospace original equipment manufacturers and other aerostructures suppliers; 19) the effect of governmental laws, such as U.S. export control laws and U.S. and foreign anti-bribery laws such as the Foreign Corrupt Practices Act and the United Kingdom Bribery Act, and environmental laws and agency regulations, both in the U.S. and abroad; 20) the effect of changes in tax law, such as the effect of The Tax Cuts and Jobs Act (the «TCJA») that was enacted on December 22, 2017, and changes to the interpretations of or guidance related thereto, and the Company's ability to accurately calculate and estimate the effect of such changes; 21) any reduction in our credit ratings; 22) our dependence on our suppliers, as well as the cost and availability of raw materials and purchased components; 23) our ability to recruit and retain a critical mass of highly - skilled employees and our relationships with the unions representing many of our employees; 24) spending by the U.S. and other governments on defense; 25) the possibility that our cash flows and our credit facility may not be adequate for our additional capital needs or for payment of interest on, and principal of, our indebtedness; 26) our exposure under our revolving credit facility to higher interest payments should interest rates increase substantially; 27) the effectiveness of any interest rate hedging programs; 28) the effectiveness of our internal control over financial reporting; 29) the outcome or impact of ongoing or future litigation, claims, and regulatory actions; 30) exposure to potential product liability and warranty claims; 31) our ability to effectively assess, manage and integrate acquisitions that we pursue, including our ability to successfully integrate the Asco business and generate synergies and other cost savings; 32) our ability to consummate our announced acquisition of Asco in a timely matter while avoiding any unexpected costs, charges, expenses, adverse changes to business relationships and other business disruptions for ourselves and Asco as a result of the acquisition; 33) our ability to continue selling certain receivables through our supplier financing program; 34) the risks of doing business internationally, including fluctuations in foreign current exchange rates, impositions of tariffs or embargoes, compliance with foreign laws, and domestic and foreign government policies; and 35) our ability to complete the proposed accelerated stock repurchase plan, among other things.

The court's decision to hear the case was welcomed by Sam Kazman, general counsel of the Competitive Enterprise Institute, a libertarian think tank that is funding the litigation.

Index funds are one of a number of issues in a 401 (k) lawsuit against Anthem, Inc. brought by the St. Louis law firm of Schlichter, Bogard & Denton, the big kahuna in the world of 401 (k) plan litigation, this January.

The presumably unexpected benefits of WBC coverage enumerated by Mr. Jacobson in Mr. Wood's story include immunity from litigation by injured employees and former employees and payment from a general fund for the physical - rehabilitation costs of injured workers.

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.

1973 Litigation by FRAC leads to the release of funds impounded from the WIC program.

Justice Mojisola Olatoregun in his verdict trashed the ex parte application filed by the EFCC for the seizure of the funds, saying the funds were already subject of litigation before two other judges.

But CDC aims to offset some of the loss with increased support from a trust fund called the Prevention Fund set up by the recently passed health care bill (now a subject of fierce litigatifund called the Prevention Fund set up by the recently passed health care bill (now a subject of fierce litigatiFund set up by the recently passed health care bill (now a subject of fierce litigation).

State - level funding litigation has often revealed that education systems are based upon the bargains struck by politicians that are divorced from a rigorous analysis of the aims of education and the best means to achieve them.

New Jersey has been ordered to restore funds for urban schools, while in Florida a class action brought by the state's teachers union seeks to protect state employee pensions from the budget knife, a fresh field of litigation.

A more tantalizing target of NCLB litigation has been a provision, dating from the mid-1990s and authored by Republicans who were trying to protect state governments from unfunded mandates, that says, «Nothing in this act shall be construed to... mandate a state or any subdivision thereof to spend any funds or incur any costs not paid for under this act.»

«Schools should not be forced to spend public funds intended to provide educational services to all children on an unnecessary placement for one child or on increased legal fees caused by excessive litigation.»

Due care must be given to portions relating to main features of the scheme, risk factors and recurring expenses to be charged to the scheme, loads, sponsor's track record, educational qualification and work experience of key personnel including fund managers, performance of other schemes launched by the mutual fund in the past, pending litigations and penalties imposed, etc..

The consolidated litigation alleges that the defendants managed the plaintiffs» investments imprudently in violation of its fiduciary duties under the Employee Retirement Income Security Act (ERISA) by causing its stable value funds to invest heavily in the Intermediate Bond Fund (IBF) and the Intermediate Public Bond Fund (IPBF).

The district court held that the claims were time barred and, alternatively, that the fund board's refusal to pursue plaintiffs» litigation demand was protected by the business judgment rule.

Each share class represents an interest in the same assets of the Funds, has the same rights and is identical in all material respects except that (i) each class of shares may be subject to different (or no) sales loads, (ii) each class of shares may bear different (or no) distribution fees; (iii) each class of shares may have different shareholder features, such as minimum investment amounts; (iv) certain other class - specific expenses will be borne solely by the class to which such expenses are attributable, including transfer agent fees attributable to a specific class of shares, printing and postage expenses related to preparing and distributing materials to current shareholders of a specific class, registration fees paid by a specific class of shares, the expenses of administrative personnel and services required to support the shareholders of a specific class, litigation or other legal expenses relating to a class of shares, Trustees» fees or expenses paid as a result of issues relating to a specific class of shares and accounting fees and expenses relating to a specific class of shares and (v) each class has exclusive voting rights with respect to matters relating to its own distribution arrangements.

The litigation it turns out — as was revealed just days ago — was funded by an American foundation with ties to Hilary Clinton.

The Climate Science Legal Defense Fund (CLSDF), a non-profit organization based in New York City, provides free support and resources to scientists who are dragged into litigation or otherwise threatened with legal attacks and harassment by politically and ideologically motivated groups.

In particular, he asked about New Hope Environmental Services, which was described by Dr. Michaels in litigation as his sole source of income outside of modest speaking fees; Intermountain Rural Electric Association (IREA) and Tri-State Generation and Transmission Association, Inc., which paid Dr. Michaels $ 100,000 and $ 50,000 respectively, according to information Dr. Michaels provided in the course of litigation; and the Heartland Institute, an industry - funded think tank that published a journal on which Dr. Michaels served as contributing editor.

The speeches last month by the Master of the Rolls, Lord Dyson, and Lord Justice Jackson at the Harbour Litigation Funding annual lecture made that abundantly clear.

[18] To the extent the doctrine of champerty and maintenance remains relevant in Canadian common law, even as means of protecting the courts and vulnerable litigants against abuses, its purpose is not and was never intended to be achieved by conferring on the courts the discretion to inquire into and approve or disapprove of a plaintiff's funding arrangements as a condition precedent to instituting or pursuing litigation.

According to a 2014 survey by George Mason University, 93 % of federal judges were not aware of litigation funding being used in cases coming before them.

While situations where the funder has an ulterior motive in supporting the litigation may be relatively rate, it is a risk that requires some degree of oversight by a court or Tribunal.

It knows as both the legal aid funder of clinical negligence litigation and as the defendant compensator (as it is in the vast majority of clinical negligence cases) that access to justice is extremely costly to it in costs and damages, and that by attacking access to justice its outlay in both regards will be reduced substantially.

Following a successful claim against a fund manager, the High Court made a non-party costs order against five investors in the fund who had met the costs of the defence, had an interest in the outcome of the claim (which need not be financial), and had control over the litigation by making major decisions.

The successful use of a DBA in Harlequin, however, may be the start of a sea change where we see increasingly more litigation funded by DBAs with claimant lawyers sharing the risk, but also the spoils of litigation.

Litigation Funding in Australia: Identifying and Addressing Conflicts of Interest for Lawyers, by Michael Legg

It is widely anticipated that the number of class actions brought around the world will continue to grow, driven by the globalisation of litigation funders and the increasing appetite from funders and plaintiff law firms to develop new claims outside shareholder class actions.

«We offer an access - to - justice product, funding meritorious claims that would otherwise be thwarted by the costs and risks involved in litigation.

Restrictions on traditional legal arrangements and a renewed focus by major funders is boosting Germany's Litigation Finance market.

If the Supreme Court eventually rules that litigation funding is permitted in Ireland, it will mean that Irish parties who are lawfully entitled to compensation, for example due to a breach of contract by a large multinational corporation, or mis - selling of financial products by an international bank, can make use of the financial resources and the strategic experience of professional funders like Woodsford to get justice from the Courts».

Montana Defense Trial Lawyers Association Defense Research Institute (DRI) Litigation Counsel of America (by invitation) First Judicial District Bar Association State Bar of Montana Lawyers» Fund for Client Protection, Board Member since 1989 (Chairperson from 2007 - 2012)

Whether they are seeking an insurance hedge for their personal costs liability, a funding package for their lawyers fees and / or disbursements, a solution to a potential or existing security for costs issue, or to sell the potential litigation and make an immediate financial return for creditors, insolvency practitioners can take comfort that by engaging TheJudge to source their litigation funding and insurance requirements, they are working with a broker whose duty is aligned to their own i.e. to secure the best possible terms available.

This request was prompted by a case where the majority of the plaintiffs» $ 5 million award was split by their lawyers and Sydney - based LCM Litigation Funding.

Tyler Cowen tries putting the shoe on the environmentalist foot, while Eugene Kontorovich at the Volokh Conspiracy observes that «Thiel's conduct fits into the «public interest» or «ideological» litigation paradigm» and claims that «By current standards, Thiel's funding should raise no eyebrows — unless one also wants to revisit public interest litigation, class actions and contingent fees.»

Under Section 59 (1)(c) an arbitrator may order a party to pay the «legal or other costs» of the other party and this was held by the arbitrator to be wide enough to permit the recovery of third party litigation funding costs as «other costs».

TheJudge is the original Broker Member of the Association of Litigation Funders in the UK, is authorised and regulated by the UK Financial Conduct Authority and is a licensed surplus / excess lines insurance producer.

Litigation funding, a loan provided by specialist lenders, is testing the scope of what can be achieved with a reliable injection of cash.

With the benefit of our 30 + litigation funder and insurer relationships, Heidi is eager to meet whatever challenges are referred to her by her relationship network.

Represented a global investment fund in litigation regarding Trust Indentures securing municipal bonds issued by Community Development Districts.

The case involved a group of litigation funders that financed a $ 1.6 bn case brought by Excalibur Ventures, an aspiring oil exploration firm, against two US oil companies.

Clifford Chance (CC) has been criticised by the Court of Appeal in its judgment in the long - running Excalibur case, a ruling that increases the exposure of litigation funders in cases that do not succeed.

Litigation funder Bentham Europe has selected Quinn Emanuel Urquhart & Sullivan as its adviser on a claim by some of Volkswagen's largest shareholders against the company in Germany over the emissions rigging scandal the car maker has been embroiled in.