Sentences with phrase «in issue in litigation»

Not exact matches

It also vindicates Buffett «s confidence in Bank of America Chief Executive Brian Moynihan, who accepted his money when the bank was only midway through cleaning up balance sheet and litigation issues tied to the U.S. housing and financial crises.

Robbins Geller pressed forward and on March 9, the DOJ issued a more complete document, requesting «to resolve the lawsuit in a piecemeal fashion» which would allow the SEC «to draw out the litigation for many months, if not longer,» Law 360 reported.The article quoted University of Denver law professor Margaret Kwoka saying that «the SEC's position «is outrageous.

These companies are also very knowledgeable about claim trends and the issues that are driving litigation within the industry you are in.

Such risks, uncertainties and other factors include, without limitation: (1) the effect of economic conditions in the industries and markets in which United Technologies and Rockwell Collins operate in the U.S. and globally and any changes therein, including financial market conditions, fluctuations in commodity prices, interest rates and foreign currency exchange rates, levels of end market demand in construction and in both the commercial and defense segments of the aerospace industry, levels of air travel, financial condition of commercial airlines, the impact of weather conditions and natural disasters and the financial condition of our customers and suppliers; (2) challenges in the development, production, delivery, support, performance and realization of the anticipated benefits of advanced technologies and new products and services; (3) the scope, nature, impact or timing of acquisition and divestiture or restructuring activity, including the pending acquisition of Rockwell Collins, including among other things integration of acquired businesses into United Technologies» existing businesses and realization of synergies and opportunities for growth and innovation; (4) future timing and levels of indebtedness, including indebtedness expected to be incurred by United Technologies in connection with the pending Rockwell Collins acquisition, and capital spending and research and development spending, including in connection with the pending Rockwell Collins acquisition; (5) future availability of credit and factors that may affect such availability, including credit market conditions and our capital structure; (6) the timing and scope of future repurchases of United Technologies» common stock, which may be suspended at any time due to various factors, including market conditions and the level of other investing activities and uses of cash, including in connection with the proposed acquisition of Rockwell; (7) delays and disruption in delivery of materials and services from suppliers; (8) company and customer - directed cost reduction efforts and restructuring costs and savings and other consequences thereof; (9) new business and investment opportunities; (10) our ability to realize the intended benefits of organizational changes; (11) the anticipated benefits of diversification and balance of operations across product lines, regions and industries; (12) the outcome of legal proceedings, investigations and other contingencies; (13) pension plan assumptions and future contributions; (14) the impact of the negotiation of collective bargaining agreements and labor disputes; (15) the effect of changes in political conditions in the U.S. and other countries in which United Technologies and Rockwell Collins operate, including the effect of changes in U.S. trade policies or the U.K.'s pending withdrawal from the EU, on general market conditions, global trade policies and currency exchange rates in the near term and beyond; (16) the effect of changes in tax (including U.S. tax reform enacted on December 22, 2017, which is commonly referred to as the Tax Cuts and Jobs Act of 2017), environmental, regulatory (including among other things import / export) and other laws and regulations in the U.S. and other countries in which United Technologies and Rockwell Collins operate; (17) the ability of United Technologies and Rockwell Collins to receive the required regulatory approvals (and the risk that such approvals may result in the imposition of conditions that could adversely affect the combined company or the expected benefits of the merger) and to satisfy the other conditions to the closing of the pending acquisition on a timely basis or at all; (18) the occurrence of events that may give rise to a right of one or both of United Technologies or Rockwell Collins to terminate the merger agreement, including in circumstances that might require Rockwell Collins to pay a termination fee of $ 695 million to United Technologies or $ 50 million of expense reimbursement; (19) negative effects of the announcement or the completion of the merger on the market price of United Technologies» and / or Rockwell Collins» common stock and / or on their respective financial performance; (20) risks related to Rockwell Collins and United Technologies being restricted in their operation of their businesses while the merger agreement is in effect; (21) risks relating to the value of the United Technologies» shares to be issued in connection with the pending Rockwell acquisition, significant merger costs and / or unknown liabilities; (22) risks associated with third party contracts containing consent and / or other provisions that may be triggered by the Rockwell merger agreement; (23) risks associated with merger - related litigation or appraisal proceedings; and (24) the ability of United Technologies and Rockwell Collins, or the combined company, to retain and hire key personnel.

A major question in that litigation was whether Texas had legal standing to sue, an issue that the Supreme Court did not resolve.

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 Hub looks into issues «before they end up in litigation, in front of a regulatory body [or] in media coverage.»

Tinder has «issued proceedings in the English High Court» against 3nder and Trifonov, according to a source close to the litigation, although a copy of the lawsuit couldn't immediately be obtained.

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.

She practices in the areas of insurance, general litigation and medical - legal issues and has appeared before all levels of court in Alberta and the Northwest Territories.

Mr. Hernandez has a law degree from Harvard Law School and practiced as a litigation attorney for four years with a large law firm in California, which provides him with additional insight on risk management issues.

In particular, attention focused on such issues as the massive growth in corporate and securities litigation risk and the increasing complexity and cost of the U.S. regulatory schemIn particular, attention focused on such issues as the massive growth in corporate and securities litigation risk and the increasing complexity and cost of the U.S. regulatory schemin corporate and securities litigation risk and the increasing complexity and cost of the U.S. regulatory scheme.

At SLCG, he provided economic consulting to law firms involved in complex securities litigation and technical assistance on market structure, regulatory policy, and risk management issues to domestic and international securities regulators and market participants.

This year, shareholders will have an opportunity to weigh in on the eventual changes amidst a backdrop of continued multi-billion dollar settlements for allegations of misconduct regarding a litany of issues (including the «London Whale» trading fiasco, evidence of collusion to rig CDS and foreign exchange markets, and continued mortgage - backed security litigation), along with the Fed and FDIC's decision to label the Company's «living will» proposal as «not credible.»

«The board met on August 11 and the six members not involved in the litigation unanimously issued a statement that the board was «disappointed» in Benchmark's lawsuit and confirming that it was destructive to the company.

That's just one of the issues covered in our Legal Special 2018 as lawyers explore some of the areas likely to lead to litigation in the private equity process.

More recently, in In re NYSE Euronext Shareholders Litigation, then - Chancellor Strine of the Delaware Court of Chancery, in a bench ruling following oral argument, declined to issue a preliminary injunction on a stockholder vote to approve the proposed merger between NYSE Euronext («NYSE Euronext») and IntercontinentalExchange, Inc. («ICE»in In re NYSE Euronext Shareholders Litigation, then - Chancellor Strine of the Delaware Court of Chancery, in a bench ruling following oral argument, declined to issue a preliminary injunction on a stockholder vote to approve the proposed merger between NYSE Euronext («NYSE Euronext») and IntercontinentalExchange, Inc. («ICE»In re NYSE Euronext Shareholders Litigation, then - Chancellor Strine of the Delaware Court of Chancery, in a bench ruling following oral argument, declined to issue a preliminary injunction on a stockholder vote to approve the proposed merger between NYSE Euronext («NYSE Euronext») and IntercontinentalExchange, Inc. («ICE»in a bench ruling following oral argument, declined to issue a preliminary injunction on a stockholder vote to approve the proposed merger between NYSE Euronext («NYSE Euronext») and IntercontinentalExchange, Inc. («ICE»).

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.

Last August, the federal government issued interim final regulations concerning contraception coverage, which is still in litigation.

For what drives the litigation for gay rights is the need to have the gay life recognized and confirmed in principle in every setting in which the issue may arise.

By casting the issues in the absolute terms of constitutionally protected rights, such litigation encourages a hardening of positions on both sides.

Notably for our purposes, at all stages of the Barnette litigation in the courts below — as in Gobitis before it — the issues had revolved entirely around the schoolchildren's claim regarding their free exercise of religion.

Two centuries of judicial interpretation of the United States Constitution have demonstrated that when the Supreme Court veers off course in a particular case or series of cases, continued constitutional litigation over the issue involved serves to correct their heading.

Neither, Rienzi argues, does such a distinction exist within the Religious Freedom Restoration Act --- the statutory protection for religious exercise at issue in the mandate litigation.

Complex Litigation partner Nikol Gruning Thompson leads team representing leading alcohol beverage distributors, importers, suppliers and retailers in full range of federal, state and international legal issues; longtime senior wine and spirits lawyer Michael Kelly joins group in New York

Third, a celebrity - run restaurant must pay attention to the corporate, litigation and real estate issues arising in the hospitality industry.

[Maureen Brunt, «Market Definition Issues in Australian and New Zealand Trade Practices Litigation» (1990) 18 Australian Business Law Review 86 - 128 (para 96)-RSB-

(The issues of this lost time and the allegedly bungled diagnoses are now in litigation.

In addition, the Oneidas could put 25,000 acres of land into tax - exempt federal trust, and the state and counties would drop all litigation on Oneida nation land and tax issues.

The issue eventually will be decided by the nine members of the U.S. Supreme Court, not the number of states involved in litigation.

By this time Prys - Davies had a busy practice as a solicitor in Pontypridd and, as well as regular legal work, engaged in charitable work assisting and advising miners and their families on litigation issues.

David Antwork, the attorney representing the civic association in the lawsuit, said Sunday while the board's Sept. 6 vote to incorporate the community's roads was «a huge step forward» in resolving the litigation, the lawsuit was still pending until the issue between Woodson and the town board is addressed.

Riverkeeper is actively involoved in litigation, advocacy, and public education surrounding the issue of shale gas extraction and related infrastructure, particularly because of the potential impacts on New York State's drinking water supplies.

Richard Amper, executive director of the Long Island Pine Barrens Society, which brought the lawsuit against the county, said he believes the state law will not come to fruition since it involves an issue that is currently in litigation.

Update: Robert Megna, president of Fort Schuyler Management Corp., said in a statement issued through Empire State Development, the state's economic development arm, on Wednesday that the corporation «will not be commenting on any ongoing litigation.»

In Hoosick Falls, where several banks suspended property financing and declined to issue mortgages last year, the litigation represents a potential recovery for thousands of property owners who believe the values of their homes and businesses were diminished by the stigma caused by the pollution.

At least five families have been sent to Broome in recent months, and officials there issued an ultimatum — either end the Special One Time Assistance Program, known as SOTA, or face civil and possibly even criminal litigation.

He worked with researchers at the FJC to investigate current policy issues confronting federal courts in addressing patent litigation.

The 80 minutes of occasionally spirited argument at the high court this morning focused on the two main issues in the greenhouse gas litigation: For the case to go forward, the plaintiffs must prove that the case has legal standing (they must show that the court is the right venue for resolving this dispute), and that the common law definition of nuisance can support suits over greenhouse gases.

Litigation was most likely to arise from allegations of improper performance, errors in diagnosis, and claims that did not involve a purely medical error, such as abandonment, breach of confidentiality, or consent issues.

Chicago, IL About Blog Patent Docs is a weblog authored by patent practitioners, which focuses on biotech / pharma patent law, including reports on changes in USPTO rules and procedures, recent court decisions, newly filed patent litigation, and recently issued patents.

Chicago, IL About Blog Patent Docs is a weblog authored by patent practitioners, which focuses on biotech / pharma patent law, including reports on changes in USPTO rules and procedures, recent court decisions, newly filed patent litigation, and recently issued patents.

About Blog The Global Supply Chain Law Blog discusses legal supply chain issues that often lead to litigation in the supply chain across industries.

Few issues are more important in federal litigation than determining whether a case will be dismissed for failure to state a claim or instead slog on into Ian Kerner, a sexuality counselor and New York Times best - selling author, blogs about sex on Thursdays on The Chart.

Staten Island, NY About Blog The attorneys at our firm provide high quality legal representation in a wide range of practice areas, including Real Estate, Bankruptcy, Business and Commercial Law, Wills and Estates, Medicaid Planning, Mortgage Modification, Immigration, Nursing Home Patient Care Issues, Landlord & Tenant, Mediation, Commercial Litigation, and Divorce Law.

Massachusetts's recently concluded litigation in the Hancock case (see my sidebar, this issue, page 28) is a good example of how equity and adequacy measures can play out in court.

Horowitz said that litigation is a poor vehicle for making policy because among other things the adversarial format produces unreliable information and artificially isolates issues that are connected in the real world.

Dunn's contribution is to show that the issue was not an imperial judiciary that wished to reshape the schools, but a course of successful litigation in which the concentration of black children, whatever the cause, became the only target at which the courts could aim.

For more on this topic, please see «2 +2 = Litigation,» by Joshua Dunn, which appears in the Fall 2010 issue of Education Next.

(The article, «2 +2 = Litigation,» will appear in the Fall 2010 issue of Ed Next.)