Sentences with phrase «by litigation if»

This can be dealt by negotiation, whether through mediation or otherwise, or by litigation if necessary.

Not exact matches

More or less height, even by small amounts, can lead to harmful litigation if a lawsuit troll finds out.

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.

In the United States, for example, some of the most intemperate phrasing revolves around threats of litigation: «If you don't get a check to me by April 23, I'll be forced to call my lawyer.»

The lawsuit has high stakes for both gun companies and gun - control advocates because it is testing a novel strategy to find a route around the broad protections granted by federal law that shield the companies from litigation if their product is used to commit a crime.

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.

Tim, If you understand the specific condition then you understand the the legal system is used by these personality types as a «litigation hammer» to destroy the other person and render them penniless.

It follows that Brexit must be delayed or defeated at all costs, through litigation or the action of an unelected House of Lords if necessary, and that the Trump administration must be cast as a temporary anomaly, brought to power by voters whose minds were clouded by racism and economic pain.

Churches would be in a stronger legal position if they were to stop conducting weddings altogether: «Churches might indeed better protect themselves against the possibility of any such litigation by deciding not to provide marriage services at all, since there could be no complaint then of discrimination in their provision of services as between same - sex and opposite - sex couples.»

1 By the same token, if the object of reparations litigation is to be the descendants of slave - owners, what do we do when many of those who sue are themselves descendants of those same slave - owners, and also belong, by reasons of racial mixing, to the class of those being sueBy the same token, if the object of reparations litigation is to be the descendants of slave - owners, what do we do when many of those who sue are themselves descendants of those same slave - owners, and also belong, by reasons of racial mixing, to the class of those being sueby reasons of racial mixing, to the class of those being sued?

Their argument is that, to put it in Lincoln's language, «if the policy of the government upon vital questions affecting the whole people is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made in ordinary litigation between parties in personal actions, the people will have ceased to be their own rulers, having to that extent practically resigned their government into the hands of that eminent tribunal.»

At the same time, the candid citizen must confess that if the policy of the government upon vital questions affecting the whole people is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made in ordinary litigation between parties in personal actions, the people will have ceased to be their own rulers, having to that extent practically resigned their government into the hands of that eminent tribunal.

Rosenstein & Associates provides legal services to its clients in all business related matters, including: business formations; business & corporate litigation; transactional matters (contractual matters); wills, trusts and estate planning; assistance with filing for copyrights and trademarks; real estate transactions; asset protection; assistance with tax audits and litigation, asset protection and if necessary, reorganization of a business including providing for protection by filing of a business Bankruptcy.

In addition to triggering a serious illness, manufacturers responsible for a contamination — even if inadvertent — face the prospect of fines, expensive voluntary or involuntary recalls, damage to brand reputation and possible litigation by consumers.»

If Gov. Andrew M. Cuomo and lawmakers don't act by June 30 to legalize the games, the litigation will resume, according to an agreement the sides released Monday.

Therefore if Trump or some person close to Trump engaged Cohen as a «fixer», tasked with persuading or coercing certain parties into concealing reports of some embarrassing debauch or unlawful deed, (via threats of litigation or by providing hush money then drafting possibly unactionable NDAs, or maybe via other even more unorthodox methods), such fixitious communications would not be protected.

But according to County Attorney Robert Meehan, even if the bill were signed into law by County Executive Rob Astorino, a Republican, prior to the show, the county would be contractually obligated to let the expo go forward, or risk litigation.

If subsequent petitions are accepted by the courts, the litigation could tie up government reports indefinitely, long before their data could lead to any government action.

As the commission wrote in its report released in July 2002, special education «will only fulfill its intended purpose if it... becomes results - orientedâ $» not driven by process, litigation, regulation, and confrontation.»

He further recommends that judges and legislators be guided in their efforts by a «successful remedies model» to be drawn from previous adequacy litigation — perhaps tempting if such «successful» models actually existed.

If we do not allow teachers to rely on a plan specifically approved by the student's parents and which they are statutorily required to follow, we will put teachers in an impossible position — exposed to litigation no matter what they do.»

In fact, Congress often invited litigation by creating «private rights of action» that empower individuals to file suit if they dislike how a statute is being enforced.

Even if a district is inclined to undertake the rigorous approval process, we do not recommend districts attempt to continue using self - developed tools, due to the high likelihood that it could invite litigation by employee groups.

As my colleague Tony Bradley explains, even if there won't be any injection before Fusion Garage accepts pre-orders for the JooJoo on Friday, or when it ships next year, the tablet will be handicapped by the anticipation that the litigation could kill the project.

If there is no injunction prior to theJooJoo.com accepting pre-orders, or even shipping the devices, the success of the device will still be handicapped by the anticipation that the litigation could kill the project and buyers would be left with an overpriced Web - browsing device that was obsolete before it launched.

If any litigation or other proceeding is brought by either party in connection with this Agreement or CRA's services, the prevailing party in the litigation or other proceeding is not entitled to recover from the other party all costs, attorneys» fees and other expenses incurred by the prevailing party in the litigation, as determined by the court.

If we undertake collection or legal action to enforce our remedies or any arbitration provisions under the terms of this Agreement, you agree to pay our attorney's fees, expenses, and litigation costs to the extent permitted by law.

Pursuant to federal regulations, Plaintiff can not submit an application for the IBR with her lender or a consolidation application with Ford until her loans have been repurchased by the original lenders, and that repurchase can not proceed if there is active litigation on the subject debt.

By looking at a company's revenues and historical data you should be able to determine fairly easily if those revenues can absorb the extra litigation costs easily.

(c) As to transactions entered into after May 20, 1996, a creditor shall have no liability under this chapter for any act or practice done or omitted in conformity with any (i) regulation of the administrator, or (ii) any rule, regulation, interpretation, or approval of any applicable Alabama or federal agency or any opinion of the Attorney General, notwithstanding that after such act or omission has occurred, the regulation, rule, interpretation, opinion, or approval is amended, rescinded, or determined by judicial or other authority to be invalid for any reason; provided, however, that any interpretation or opinion issued after May 20, 1996, shall not have any effect on any litigation pending on May 20, 1996, nor shall any interpretation or opinion issued after May 20, 1996, have any effect on litigation if issued subsequent to filing of the litigation.

The more I think about all of this, the more I become convinced that Mann entered into litigation somewhat casually, if not light - heartedly, using other people's money in what he probably thought would result in a quick resolution via apology / retraction by his targets.

If the tobacco strategy has its roots in a defence against litigation, it follows that the «standard of proof» set by Oreskes, Lynas and Monbiot to legitimise political action to mitigate climate change is «beyond reasonable doubt».

``... even if the duty of «zealous» representation had not been replaced by the duty of «diligent representation» in the current Oklahoma Rules of Professional Conduct, «zealous» advocacy would still not authorize... misrepresenting the facts or law in pleadings, briefs and letters whether in litigation or in transactional law.

Most significantly, in June the Environmental Protection Agency proposed new regulations to limit carbon emissions from power plants; if these regulations go into effect — they're expected to face years of litigation — they will cut power plant emissions 30 percent by 2030.

Even if arbitration is preferred over litigation (which is more likely in cross-border transactions), Chinese parties may require the dispute to be seated in China and administered by an established Chinese arbitral institution, such as the China International Economic & Trade Arbitration Commission (CIETAC) in Beijing or Hong Kong (CIETAC - HK), or by one of the newer institutions established to specifically handle OBOR disputes, such as the Wuhan Arbitration Commission's OBOR Arbitration Court.

Add the increasing budget cutting pressure in governments, query if low - end / high - volume litigation (e.g. small claims, landlord / tenant disputes) would be better served by allowing self - represented litigants to remotely appear in court using their own computer and camera?

Trial by combat will take up far less courtroom time than conventional litigation, although it is inarguably out of proportion to most, if not all, of the disputes that we call upon our legal system to resolve.

Deals with clients in business litigation such as that between Pillsbury and the SonicBlue board may be perfectly reasonable in most situations, but in bankruptcy, where the interests of creditors are paramount in a debtor - in - possession situation, such a deal undermines the entire process because Pillsbury could not be expected to fully pursue claims against the board if Pillsbury was potentially on the hook for any damages by agreement.

The other blight on the litigation process, if taken to the extent thought desirable by the costs zealots, is the expense and situation inherent in the budget review and approval process.

Copyright litigants take note: litigation misconduct or overly aggressive assertion of rights (such as by a «copyright troll») may lead to a fee award even if the losing party had an objectively reasonable position.

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».

Even if your legal department is primarily tasked with managing large number of matters handled by outside counsel, the efficient use of LegalMation by your outside counsel can dramatically lower billable hours on key litigation tasks, providing direct - to - the - bottom - line savings for your company.

0738 (JSM), 2001 WL 1154666, at * 2 (S.D.N.Y. 1 October 2001)(finding certain communications between the investigator, who conducted the internal investigation, and in - house and outside counsel are protected by attorney — client privilege because the investigator received legal advice from counsel under circumstances in which the employee under investigation was an executive and litigation was expected if the employee were terminated).

Omone Foy - Yamah, a partner at Lagos - based Punuka Attorneys & Solicitors, agrees with Ajibade and says the resolution of such disputes by ADR often results in the preservation of business relationships which in turn increases business opportunities for Nigeria: «The oil and gas, maritime, construction and infrastructure sectors largely benefit from the use of ADR because they involve huge capital investments and risk huge financial losses if trapped in protracted litigation,» she says.

If parties are able to settle all of their rights by way of a marital agreement, they can avoid much of the emotional and financial stress of a full litigation.

Our work especially consists of explaining the Swiss liability law system to the client or the corresponding lawyer abroad, assisting in providing evidence, drafting of damage calculations, conducting negotiations with the opposite party and, if necessary, representing our client in court proceedings in Switzerland by our litigation department.

And, if it a litigation matter and if after a month of trial on that one matter and we KNOW, we are absolutely certain that the LAW and the facts that came out at trial warrant a finding by the Court in our favor, but the Judge rules in our favor and on our motion might even grant a new trial and so we start over again, how can one figure that in?

In addition to gathering evidence, you should speak with a personal injury lawyer as soon as possible, because if you pursue litigation in a bus accident case, you must act quickly due to notice requirements and statutes of limitation that can be more complicated is the bus or transportation vehicle is owned or operated by a government entity including a city or county.

Business litigation matters can become very costly and time - consuming if they are not handled by an experienced attorney.

By Mick Hassell Litigation and trials can be overwhelming if you lose sight of the big picture.