Sentences with phrase «followed by litigation»

Mesa continues on to note that if these changes are not implemented correctly from the start, it will certainly lead to closing delays, potential purchase contract defaults, followed by litigation between the parties to the transaction.

This approach is intended to lead to more tailored and appropriate dispute resolution clauses and away from the automatic response of negotiation followed by litigation.

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 problem with Dodd - Frank is that an ambiguous statute will be followed by extensive regulation drafting, which will be followed by extensive litigation.

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.

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.

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

Lead author Sara Chrisman of the Harborview Injury Prevention and Research Center in Seattle, Washington, viewed the finding that concussion education requirements for coaches under the state's first - in - the - nation «Lystedt Law» were being closely followed by public high schools in Washington State as «very encouraging but not surprising,» noting that schools had an incentive to follow the law because it provides legal immunity from litigation for schools that follow it correctly.

Perinatal events can result in associated longer term health and broader societal costs, as shown by the size of damages paid in obstetric litigation cases, which represent a substantial cost to the NHS.27 Follow - up over weeks or longer to monitor recovery, or a future assessment of the outcomes for mothers and babies at a later date, would act as a vehicle for estimating costs and consequences beyond the perinatal period and shed more light on long term cost effectiveness.

But the Clean Power Plan had never taken effect, and had been stalled for years following litigation against the EPA filed by over a dozen states who claimed the plan was unconstitutional.

The organic community through litigation has forced the USDA to follow the law as passed by Congress in most avenues and will continue to oversee what happens to organic food production.

July 14, 2017 — / PR NEWSWIRE / - Ruby Corp. and Ruby Life Inc. (ruby), and a proposed class of plaintiffs, co-led by Dowd & Dowd, P.C., The Driscoll Firm, P.C., and Heninger Garrison Davis, LLC, have reached a proposed settlement agreement resolving the class action lawsuits that were filed beginning July 2015 following a data breach of ruby's computer network and subsequent release of certain personal information of customers of Ashley Madison, an online dating website owned and operated by Ruby Life Inc. (formerly Avid Dating Life Inc.) The lawsuits, alleging inadequate data security practices and misrepresentations regarding Ashley Madison, have been consolidated in a multi-district litigation pending in the United States District Court for the Eastern District of Missouri.

Joseph Viteritti's Feature essay «Vouchers on Trial» tells us that even a decision allowing the Cleveland program to proceed will be followed by much litigation over the many state - created «walls of separation.»

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.»

Following two decades in which courts spurred significant reforms in our nation's neediest schools by interpreting the education clauses of their state constitutions to guarantee an «adequate» education for all students, the years 2005 to 2008 have seen a dramatic change in the judicial response to adequacy litigation.

As most of you know, the Dodd - Frank Act gives the CFPB various enforcement powers including the authority to engage in administrative enforcement actions (typically followed by a consent order) and to bring civil litigation proceedings.

Beginning in 1910, extensive litigation within the Caire family followed, and by court order, in 1925 the island was divided into seven tracts.

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».

The Supreme Court's core conclusion was that it is the serving of the Art 50 notice that affects the rights of the individual because of the automatic withdrawal (accepted by all parties to the litigation) that follows two years later.

That was followed by family law (14 per cent), personal injury (14 per cent), wills and probate (12 per cent) and litigation (10 per cent).

Following R3's campaign with regards to the proposed reforms suggested by the Jackson report, an announcement has been made that temporary exemption of insolvency litigation from the 2012 LASPO Act has been extended.

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.

This was a follow up to a presentation made by George at the annual meeting of ATLA regarding the use of portable litigation support.

The litigation department receives the largest amount of new associates, followed by corporate.

She specialises in employment litigation and investigations, and regularly advises clients who find themselves the subject of a global investigation by the regulators, or who need to run their own investigation following the misconduct of an employee.

I've been following Canadian cases on how non-party private interests get used by parties to litigation for the last while.

Litigation clients deserve to be represented by knowledgeable litigators who can provide good strategic advice, follow well - defined practices for ensuring the admissibility of evidence, and use modern technology effectively to reduce costs and improve the quality of advocacy.

Trivial observations (e.g., long lists of Member States that have at any one time been involved in access to documents litigation without any convincing conclusion following from such an enumeration) are succeeded by confused conceptualisations (e.g., the EU institutions are introduced twice as a distinct category of actor), or even outright overdramatization, such as when the authors argue that «[a] t one stroke, any authority of the Member States -LSB-...] over the release of documents transmitted to the EU was set aside [by Regulation 1049/01]» (p. 216), but neglect to mention that the Member States as legislators in the Council agreed to this revision themselves, or that the Council engaged in successive internal negotiations to settle the question of what was to be considered a «Member State document».

It follows that the test contained within MCA 2005 now falls to be considered by the court each time a party's litigation capacity is being considered.

An excellent example of these difficulties is the follow - on litigation brought by US class action specialists Cohen Milstein Hausfeld & Toll on behalf of dairy consumers.

We may well find that the following prediction given by Lord Justice Buxton when YL was in the Court of Appeal comes to pass: «I appreciate that this may be an unattractive invitation to further litigation, not only in this case but in many others.

Certainly the NAACP, as I understand its position before this Court, denied that it had managed or controlled the litigation which it had urged its members or others to bring, disclaimed any desire to do so, and denied any adverse effects upon its operations if lawyers representing clients in school desegregation or other litigation financed by the NAACP represented only those clients and were under no obligation to follow the dictates of the NAACP in the conduct of that litigation.

Baumgartner supra n. 66, at 795 («Most of the action in transnational litigation in recent years has been in the areas of personal jurisdiction, foreign sovereign immunity, the Alien [Tort Statute], forum selection clauses, and forum non conveniens, tightly followed by the recognition of foreign judgments, and a bit further behind, transnational discovery and the action of state doctrine...»).

This has been a key focus for the government in recent months, and also follows a recent Department of Health consultation into fixed costs in medical negligence claims up to # 25,000, as well as a review by Lord Justice Jackson of caps for all civil litigation with a value up to # 250,000.

Thereafter, he was a partner in a private law practice with Warren Hehl followed by a partnership with Joseph Garrubo where he was well known for his extensive civil and criminal litigation expertise.

The article covers a pair of decisions by the Business Litigation Session of the Massachusetts Superior Court concerning the enforcement of a noncompete agreement following the acquisition of the employer by another company.

First, the survey results showed that by practice area, the adoption rates of cloud services are as follows: corporate at 37.3 percent, commercial at 37.2 percent, real estate at 36 percent, and family law at 35.7 percent, intellectual property at 33 percent, litigation at 28.5 percent, labor / employment 25.9 percent, and general practice (civil) at 22.7 percent.

A deteriorating economic and property market dynamic will more likely result in losses being incurred by property investors, speculators and developers, and it follows that there can be a greater propensity to take litigation against professional advisers engaged in real estate advice to endeavour to recover losses, and clearly where fundamentally it is felt the advice has been a contributory factor.

It was rather an attempt by two people who had for a number of years happily lived together to resolve the costly litigation that had followed their estrangement.

This two - year pilot was initiated by the CBA Civil Litigation Section, following a recommendation by a Uniform Law Conference of Canada's Working Group on Multi-jurisdictional Class Actions.

Published by Legal Media Group Euromoney, the definitive guide to America's leading litigation firms and attorneys has also individually recognized the following Sheppard Mullin partners: Martin Bader, Craig Cardon, Bruce Chapman, Joe Coyne, Frank Falzetta, Gary Halling, Marty Katz, Tracey Kennedy, Stephen Korniczky, Jill Pietrini, Fred Puglisi, Mike Scarborough, and Carlo Van den Bosch.

Litigation Department Co-Chair David Lender and Antitrust Litigation partner Eric Hochstadt have been named «Litigators of the Week» by both The AmLaw Litigation Daily and Global Competition Review for securing a complete defense jury verdict for C&S Wholesale Grocers following nine days of trial in an antitrust class action in Minnesota federal court.

Business has also been developing at a fast pace for us in the UK and across Europe with particular interest in litigation finance in Spain, which has been closely followed by leading business newspaper Expansión.

Within the litigation practice area, insurance defense was cited by 31 percent of lawyers as the leading driver of job growth, followed by commercial litigation (30 percent).

This award is given each semester to the student in Litigation Skills I who best exemplifies the devotion to high standards and ethical conduct followed by Tom Ewald.

The keynote will be followed by workshop sessions on a wide variety of topics of interest to criminal, juvenile, child welfare and mental health practitioners, including but not limited to the wrongful conviction and exoneration of Frederick Clay, litigating nursing home admissions, appellate advocacy, criminal case law update, how to use social science research in your case, the new sentencing guidelines, restorative justice, ensuring language access, advanced issues in Superior Court litigation, representing emerging adults, how to contest preliminary drug test results, a practicum on mindfulness, as well as the latest from the immigration impact unit.

Nevertheless, the following cases should be evaluated by a slip and fall victim when considering their damage demands and evaluating their case in settlement negotiations, both before and during litigation.

Of those lawyers, litigation attorneys were most likely to use mobile devices in transit at 44 %, followed by intellectual property lawyers at 38 % and commercial lawyers, also at 38 %.

The following Lightfoot attorneys have been selected by Alabama Super Lawyers as «Rising Stars»: Tenley Armstrong, Personal Injury Products Defense; Reid Carpenter, Civil Litigation Defense; Haley Cox, General Litigation; Jeff Doss, Criminal Defense White Collar Crime; James Gibson, Personal Injury Products Defense; Wes Gilchrist, Business Litigation; Charles Greene, Business Litigation; Brian Kappel, Business Litigation; Rachel Lary, Business Litigation; Brooke Malcom, Civil Litigation Defense; Jacob Tubbs, Personal Injury Products Defense; and Chris Yearout, Personal Injury Medical Malpractice Defense.

Corporate law departments participating in the study spent the highest percentage of outside counsel fees on litigation (37 %), followed by intellectual property (15 %) and then mergers and acquisitions (12 %).