Sentences with phrase «costs than litigation»

We are often able to resolve disputes before litigation is filed resulting in much lower costs than litigation.

These can produce acceptable outcomes in less time and with less legal costs than litigation.

Not exact matches

[Mortgage servicers»] under - investment in servicing has led to a huge inventory of foreclosed properties and mounting litigation that is likely to cost them far more than any savings they achieved by cutting corners.

Such risks and uncertainties include, but are not limited to: our ability to achieve our financial, strategic and operational plans or initiatives; our ability to predict and manage medical costs and price effectively and develop and maintain good relationships with physicians, hospitals and other health care providers; the impact of modifications to our operations and processes; our ability to identify potential strategic acquisitions or transactions and realize the expected benefits of such transactions, including with respect to the Merger; the substantial level of government regulation over our business and the potential effects of new laws or regulations or changes in existing laws or regulations; the outcome of litigation, regulatory audits, investigations, actions and / or guaranty fund assessments; uncertainties surrounding participation in government - sponsored programs such as Medicare; the effectiveness and security of our information technology and other business systems; unfavorable industry, economic or political conditions, including foreign currency movements; acts of war, terrorism, natural disasters or pandemics; our ability to obtain shareholder or regulatory approvals required for the Merger or the requirement to accept conditions that could reduce the anticipated benefits of the Merger as a condition to obtaining regulatory approvals; a longer time than anticipated to consummate the proposed Merger; problems regarding the successful integration of the businesses of Express Scripts and Cigna; unexpected costs regarding the proposed Merger; diversion of management's attention from ongoing business operations and opportunities during the pendency of the Merger; potential litigation associated with the proposed Merger; the ability to retain key personnel; the availability of financing, including relating to the proposed Merger; effects on the businesses as a result of uncertainty surrounding the proposed Merger; as well as more specific risks and uncertainties discussed in our most recent report on Form 10 - K and subsequent reports on Forms 10 - Q and 8 - K available on the Investor Relations section of www.cigna.com as well as on Express Scripts» most recent report on Form 10 - K and subsequent reports on Forms 10 - Q and 8 - K available on the Investor Relations section of www.express-scripts.com.

The litigation cost of $ 1 billion contributed to an operating loss of $ 1.3 billion in the third quarter and increased the efficiency ratio to a worse - than - expected 65.5 percent.

These risks and uncertainties include food safety and food - borne illness concerns; litigation; unfavorable publicity; federal, state and local regulation of our business including health care reform, labor and insurance costs; technology failures; failure to execute a business continuity plan following a disaster; health concerns including virus outbreaks; the intensely competitive nature of the restaurant industry; factors impacting our ability to drive sales growth; the impact of indebtedness we incurred in the RARE acquisition; our plans to expand our newer brands like Bahama Breeze and Seasons 52; our ability to successfully integrate Eddie V's restaurant operations; a lack of suitable new restaurant locations; higher - than - anticipated costs to open, close or remodel restaurants; increased advertising and marketing costs; a failure to develop and recruit effective leaders; the price and availability of key food products and utilities; shortages or interruptions in the delivery of food and other products; volatility in the market value of derivatives; general macroeconomic factors, including unemployment and interest rates; disruptions in the financial markets; risk of doing business with franchisees and vendors in foreign markets; failure to protect our service marks or other intellectual property; a possible impairment in the carrying value of our goodwill or other intangible assets; a failure of our internal controls over financial reporting or changes in accounting standards; and other factors and uncertainties discussed from time to time in reports filed by Darden with the Securities and Exchange Commission.

During the course of the litigation, the school board paid for three sets of attorneys (for Martin; for the LSC; and for the Board of Education) in a case that cost more than a quarter of a million dollars.

In any action or administrative proceeding commenced pursuant to this Act, the court or agency, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee, including litigation expenses, and costs, and the United States shall be liable for the foregoing the same as a private individual.

Such statements reflect the current views of Barnes & Noble with respect to future events, the outcome of which is subject to certain risks, including, among others, the general economic environment and consumer spending patterns, decreased consumer demand for Barnes & Noble's products, low growth or declining sales and net income due to various factors, possible disruptions in Barnes & Noble's computer systems, telephone systems or supply chain, possible risks associated with data privacy, information security and intellectual property, possible work stoppages or increases in labor costs, possible increases in shipping rates or interruptions in shipping service, effects of competition, possible risks that inventory in channels of distribution may be larger than able to be sold, possible risks associated with changes in the strategic direction of the device business, including possible reduction in sales of content, accessories and other merchandise and other adverse financial impacts, possible risk that component parts will be rendered obsolete or otherwise not be able to be effectively utilized in devices to be sold, possible risk that financial and operational forecasts and projections are not achieved, possible risk that returns from consumers or channels of distribution may be greater than estimated, the risk that digital sales growth is less than expectations and the risk that it does not exceed the rate of investment spend, higher - than - anticipated store closing or relocation costs, higher interest rates, the performance of Barnes & Noble's online, digital and other initiatives, the success of Barnes & Noble's strategic investments, unanticipated increases in merchandise, component or occupancy costs, unanticipated adverse litigation results or effects, product and component shortages, the potential adverse impact on the Company's businesses resulting from the Company's prior reviews of strategic alternatives and the potential separation of the Company's businesses, the risk that the transactions with Microsoft and Pearson do not achieve the expected benefits for the parties or impose costs on the Company in excess of what the Company anticipates, including the risk that NOOK Media's applications are not commercially successful or that the expected distribution of those applications is not achieved, risks associated with the international expansion contemplated by the relationship with Microsoft, including that it is not successful or is delayed, the risk that NOOK Media is not able to perform its obligations under the Microsoft and Pearson commercial agreements and the consequences thereof, risks associated with the restatement contained in, the delayed filing of, and the material weakness in internal controls described in Barnes & Noble's Annual Report on Form 10 - K for the fiscal year ended April 27, 2013, risks associated with the SEC investigation disclosed in the quarterly report on Form 10 - Q for the fiscal quarter ended October 26, 2013, risks associated with the ongoing efforts to rationalize the NOOK business and the expected costs and benefits of such efforts and associated risks and other factors which may be outside of Barnes & Noble's control, including those factors discussed in detail in Item 1A, «Risk Factors,» in Barnes & Noble's Annual Report on Form 10 - K for the fiscal year ended April 27, 2013, and in Barnes & Noble's other filings made hereafter from time to time with the SEC.

Such statements reflect the current views of Barnes & Noble with respect to future events, the outcome of which is subject to certain risks, including, among others, the effect of the proposed separation of NOOK Media, the general economic environment and consumer spending patterns, decreased consumer demand for Barnes & Noble's products, low growth or declining sales and net income due to various factors, possible disruptions in Barnes & Noble's computer systems, telephone systems or supply chain, possible risks associated with data privacy, information security and intellectual property, possible work stoppages or increases in labor costs, possible increases in shipping rates or interruptions in shipping service, effects of competition, possible risks that inventory in channels of distribution may be larger than able to be sold, possible risks associated with changes in the strategic direction of the device business, including possible reduction in sales of content, accessories and other merchandise and other adverse financial impacts, possible risk that component parts will be rendered obsolete or otherwise not be able to be effectively utilized in devices to be sold, possible risk that financial and operational forecasts and projections are not achieved, possible risk that returns from consumers or channels of distribution may be greater than estimated, the risk that digital sales growth is less than expectations and the risk that it does not exceed the rate of investment spend, higher - than - anticipated store closing or relocation costs, higher interest rates, the performance of Barnes & Noble's online, digital and other initiatives, the success of Barnes & Noble's strategic investments, unanticipated increases in merchandise, component or occupancy costs, unanticipated adverse litigation results or effects, product and component shortages, risks associated with the commercial agreement with Samsung, the potential adverse impact on the Company's businesses resulting from the Company's prior reviews of strategic alternatives and the potential separation of the Company's businesses (including with respect to the timing of the completion thereof), the risk that the transactions with Pearson and Samsung do not achieve the expected benefits for the parties or impose costs on the Company in excess of what the Company anticipates, including the risk that NOOK Media's applications are not commercially successful or that the expected distribution of those applications is not achieved, risks associated with the international expansion previously undertaken, including any risks associated with a reduction of international operations following termination of the Microsoft commercial agreement, the risk that NOOK Media is not able to perform its obligations under the Pearson and Samsung commercial agreements and the consequences thereof, the risks associated with the termination of Microsoft commercial agreement, including potential customer losses, risks associated with the restatement contained in, the delayed filing of, and the material weakness in internal controls described in Barnes & Noble's Annual Report on Form 10 - K for the fiscal year ended April 27, 2013, risks associated with the SEC investigation disclosed in the quarterly report on Form 10 - Q for the fiscal quarter ended October 26, 2013, risks associated with the ongoing efforts to rationalize the NOOK business and the expected costs and benefits of such efforts and associated risks and other factors which may be outside of Barnes & Noble's control, including those factors discussed in detail in Item 1A, «Risk Factors,» in Barnes & Noble's Annual Report on Form 10 - K for the fiscal year ended May 3, 2014, and in Barnes & Noble's other filings made hereafter from time to time with the SEC.

Such statements reflect the current views of Barnes & Noble with respect to future events, the outcome of which is subject to certain risks, including, among others, the general economic environment and consumer spending patterns, decreased consumer demand for Barnes & Noble's products, low growth or declining sales and net income due to various factors, including store closings, higher - than - anticipated or increasing costs, including with respect to store closings, relocation, occupancy (including in connection with lease renewals) and labor costs, the effects of competition, the risk of insufficient access to financing to implement future business initiatives, risks associated with data privacy and information security, risks associated with Barnes & Noble's supply chain, including possible delays and disruptions and increases in shipping rates, various risks associated with the digital business, including the possible loss of customers, declines in digital content sales, risks and costs associated with ongoing efforts to rationalize the digital business and the digital business not being able to perform its obligations under the Samsung commercial agreement and the consequences thereof, the risk that financial and operational forecasts and projections are not achieved, the performance of Barnes & Noble's initiatives including but not limited to its new store concept and e-commerce initiatives, unanticipated adverse litigation results or effects, potential infringement of Barnes & Noble's intellectual property by third parties or by Barnes & Noble of the intellectual property of third parties, and other factors, including those factors discussed in detail in Item 1A, «Risk Factors,» in Barnes & Noble's Annual Report on Form 10 - K for the fiscal year ended April 30, 2016, and in Barnes & Noble's other filings made hereafter from time to time with the SEC.

On - going litigation by Friends of the Earth, discriminatory treatment from state politicians including Sen. Barbara Boxer, and harassment and hassle led its owner to close it down in 2013, rather than simply replace the steam generator for one - sixth the cost of the premature decommissioning.

«My overriding concern is that the moves inspired by Jackson LJ to deal with costs in litigation seem to impact those practising in costs more than the litigation itself»

My overriding concern is that the moves inspired by Lord Justice Jackson to deal with costs in litigation seem to impact those practising in costs more than the litigation itself.

The lawyers surveyed said that mediation, collaborative negotiation and arbitration are more likely to produce results that are in the client's interest and in the interest of the client's children than litigation, at a lower cost and in half the time.

While arbitration is preferred to litigation in terms of cost, time and suitability of outcome, respondents» overall opinions of arbitration are closer to their views of litigation than they are to their views of mediation and collaborative negotiation.

In litigation less than four in 100 go to trial but budgets have to cover costs to trial so it is guaranteed that post-settlement budgeting is wasted

Can there be a fraud which this court ought to visit more strongly than the conduct pursued in this case in which in order to avoid the payment of the costs of a doubtful litigation to which the plaintiff might be made liable, the real plaintiff procures a pauper to become the nominal plaintiff?

The initially promised affordability of the «unitary patent» and Unified Patent Court (UPC) especially for small and medium - sized enterprises (SMEs), which was repeated almost mantra - like throughout the EU legislative proceedings as one reason why the reform was of utmost importance, ultimately turned out to be pretty much the opposite, with the level of representation costs to be reimbursed by the losing to the winning party amounting to up to more than five times the sum which can currently be claimed in patent litigation proceedings before the German courts (for more details on the cost situation created by the reform, cf. the article «Unitary patent and court system — A poisoned gift for SMEs» here).

In addition, the Court awarded Van Rossum $ 487,616.25 in reasonable attorneys» fees plus $ 32,472.30 in litigation costs, which brought the total award to more than $ 1.3 million.

With litigation costs higher than ever before, it has never been more important for lawyers to ensure claims are supported in the best manner possible when considering bringing proceedings or seeking settlement.

If your organization decides to offer a lower amount than that required at common law, consider the costs of litigation and how, if the organization later shifts its position, this may be perceived by a court;

So not only are you paying less than average (even before accounting for the higher rates in Toronto versus the rest of the province), but you also (a) have the flat - rate benefit of knowing in advance what fees you will be paying (as compared to an hourly rate agreement, where unexpected turns may cause the total cost to skyrocket above what was budgeted), and (b) have the advantage of an experienced lawyer who has dedicated his entire career to nothing but litigation, and was trained by some of the best in a large firm setting.

This will no doubt be a disappointing decision for defendants who had welcomed Master James» earlier decision, which sought to encourage the usage of mediation where it was available rather than incurring considerable costs of litigation for low value quality complaints claims.

Over the past two years, budgets for in - house legal departments have gone up by more than 20 percent — and that is not counting the costs of litigation.

The timing of the Department of Health's long - awaited consultation Introducing Fixed Recoverable Costs in Lower Value Clinical Negligence Claims raised more than a few eyebrows when it was launched at the end of January, not least because the consultation will open and close before the National Audit Office's (NAO) investigation into the operations and efficiencies of the NHS Litigation Authority (NHSLA) will report its findings.

Rule 11 motions are a lot cheaper and easier than litigation, and that makes them a cheap and cost - effective way to win cases against litigators without guts.

Binding arbitration has much higher filing fees than ordinary court and is usually faster than ordinary court, but litigation costs for the parties tend to be similar to ordinary court.

The Department for Exiting the European Union (DExEU) spent # 3.7 m on legal costs during the last financial year, including more than # 1.2 m on Brexit - related litigation, its accounts have revealed.

No detailed proposals were made in this thorny area but Gowers suggested that the estimated costs of litigation, as well as the time involved, could be considerably lessened if only one judgment were necessary rather than several (possibly conflicting) judgments.

On the positive side, this team approach still is likely to be less expensive than resort to litigation.21 Furthermore, the resulting agreement and more positive relationships may prevent many future problems with unknown but potentially substantial costs.

However, whilst one of the objectives of the Financial List is to reduce the time and cost of litigation through learning from test cases, financial markets disputes will remain extremely expensive, often with costs of more than # 10 million attached.

But, extreme awards drive up the costs of litigation and produce pressure on corporations to settle weak cases rather than run the risk of out - of - whack punitive damages.

In each of these venues, costs of litigation are generally lower than a district court proceeding, rules are somewhat more liberal and they offer a legal playing field that favors high - caliber litigators.

Considering the high cost of litigation, it can be far cheaper and more efficient to seek legal advice when creating and signing a separation agreement than to attempt to uphold (or overturn) that agreement in court later.

In today's economy more than ever, his clients appreciate his ability to negotiate business solutions in an effort to minimize litigation costs.

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

In most cases, as evidenced by this case, it will be difficult to prove any damages and, even in cases where recoverable damages have been incurred, after taking into account any savings, likely the costs of litigation will be much higher than those damages and not worth pursuing.

iCONECT nXT is our plaintiff eDiscovery software that loads, reviews, analyzes, and produces more data than any other litigation support software on the market, collaboratively and cost - effectively, from anywhere in the world.

I've written about this here before (see Shifting the Burden) and really my views haven't changed, except in that there is more evidence than ever before that the needs and motivations of those who «choose» to represent themselves in litigation are complex and that this choice is made at their peril and often at significant personal cost.

The cost of litigation might be much higher than what would be awarded by a court.

Thus, it is often more cost effective to devise a solution to a problem, even if it means swallowing some pride, rather than taking the risk of becoming involved in costly and time consuming litigation.

Predictive Coding and Technology Assisted Review («TAR») help ameliorate a problem that denigrates civil litigation: extortion by discovery when discovery costs «force settlements for reasons and on terms that related more to the costs of discovery than to the merits of the case.»

Patent litigation can be costly; the median cost can be more than $ 3 million.

The members of the team have committed more than one hundred million pounds of funding for litigation and arbitration costs since 2000, including cases of exceptional size and complexity.

And more than 75 % of the respondents said that discovery costs as a share of total litigation costs «have increased disproportionately due to the advent of electronic discovery.»

With more than 20 years of experience, Bick has handled cost recovery actions under CERCLA, RCRA and the state equivalents; defense of agency enforcement actions, including criminal defense; mass toxic tort defense; CEQA, NEPA and ESA litigation; green chemistry and e-waste compliance; and corporate transactions and responsibility counseling.

We say cost - effective, because the premium payable for Attorney Fee Insurance typically costs less than a third of the cost of Litigation Finance options, which is why many litigation finance companies themselves often insure their risk capital on a simiLitigation Finance options, which is why many litigation finance companies themselves often insure their risk capital on a similitigation finance companies themselves often insure their risk capital on a similar basis.

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.

In Connecticut, punitive damages typically can not be greater than the cost of litigation; but in the case of products liability, it can be up to two times compensatory damages.