Patent trolls use the sky -
high cost of litigation as a weapon.
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.
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.
«The decision in Boone County Board
of Education v. N.W.,
as it stands, would force cash - strapped school districts to bear the
high costs of private placements during
litigation, even when a court ultimately rules that the district has made FAPE available in a public school setting,» said NSBA General Counsel Francisco M. Negrón Jr. «The lower court's decision sets a terrible precedent that prolongs due process and court proceedings and discourages informal resolution
of special education disputes through mediated settlement.
As one
of the oldest firms in Puerto Rico, Estrella, LLC built its reputation by delivering thoughtful, comprehensive and
cost - effective
litigation strategies to some
of Puerto Rico's
highest - profile companies.
A small business that has suffered loss
as a result
of a breach
of competition law rules, but which can not afford the
costs of litigation in the
High Court, and the possibility
of an adverse
costs ruling against them if they lose, can shift that risk to the third - party
litigation funder.
** An hourly rate in excess
of the guideline figures may be appropriate for Grade A fee earners in substantial and complex
litigation where other factors, including the value
of the
litigation, the level
of complexity, the urgency or importance
of the matter
as well
as any international element would justify a significantly
higher rate to reflect
higher average
costs.
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.
repeatedly used
as an example
of a barrier to access to justice when the litigator saying it has nothing at all to say about the ruinously
high cost of litigation, to have the Law Society spend all this time and effort on ABS while spending comparatively little time on investigating how to realistically reduce the
cost of litigation.
With the annual
cost of fraud in the UK reportedly
as high as # 193bn a year, the two - year pilot scheme will see the City
of London Police work with the firm to identify, seize and recover assets from criminals, with civil asset recovery
litigation running alongside parallel criminal investigations.
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.
,
High - dollar Settlements Mark Class Action Cases, Little Relief:
Litigation Costs Rising
as Firms Face Fewer Suits, and Rogues Gallery
of Class Action Attorneys.
While litigators across the board, from the fast growing ranks
of litigation - only firms to full service global players, remain busy for now, many point to dark clouds on the horizon
as the twin spectres
of higher court fees and ever increasing disclosure
costs take hold.
Intellectual property lawyers are bracing for change
as the federal courts move forward with an effort that could see much
higher cost awards
as a way
of discouraging unnecessary and vexatious
litigation.
Some solutions proposed are: rationing
of judicial time for example by assigning a fixed number
of motions to each proceeding; charging
higher filing fees for additional motions; penalizing obstructionist conduct through multiples
of indemnification
costs; awarding priority dates to well - run
litigation; more motions in writing;
higher filing
costs for longer hearings; more aggressive use by the Bench
of rules that permit judges to control the court process such
as time limits for evidence in chief and cross, and some outsourcing
of judicative functions.
A new practice direction issued in April 2017 by the President
of the Irish
High Court intends to reduce the significant delay encountered by a successful party to
litigation in recovering its
costs from the other side, in situations where liability
as to the payment
of said
costs is not in issue but taxation is necessary.
The establishing
of our full - service Toronto practice allows us to deliver
high - quality,
cost - efficient legal services in Canada to our ever - growing client base across North America and overseas, in the areas
of commercial and insurance
litigation,
as well
as subrogation and recovery matters.
He also must be told the possible consequences
of the alternative adversarial procedure, i.e., the
high costs of the
litigation, his paying for his attorney,
as well
as his wife's, at the possible hourly rate
of $ 250, respectively, the crap - shoot consequences
of a judge deciding equitable distribution, child support and maintenance, the public fiasco, the continuing anger
of his spouse, and the certain detrimental effect an the children, with whom he wants to maintain a relationship.
However, since the Collaborative and Cooperative models encourage a multi-disciplinary approach, many
high conflict divorces can utilize one
of these methods and avoid the inherent family fall - out,
as well
as the
cost and stress
of litigation.