Justin is a partner in the firm's disputes and litigation team, specialising
in pensions disputes and litigation; private and commercial trust disputes; and professional negligence relating to pensions, trusts and tax.
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.
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.
The current
dispute dates back to a 2007 «cap and share» agreement,
in which teachers» unions agreed to accept increased
pension contributions - so long as the government came up with evidence that the move is necessary.
Tens of thousands of teachers across the north - west will be taking strike action today (Thursday 27 June) as a further step
in the NASUWT and NUT teacher unions»
dispute with the Secretary of State for Education over pay,
pensions, working conditions and jobs.
We do not
dispute that men and women should be equal
in everything including their
pension age but it has to be done fairly.
Set up
in October 2003 the group has secured some notable parliamentary successes, including stopping the privatisation of the Forensic Science Service, helping solve a long running pay
dispute in the Department for Work and
Pensions and more recently opposing the government's plans to reduce the redundancy rights of our members.
Wolfson did not comment directly on de Blasio, who is at odds with Cuomo over the issue and is favoring a more fiscally conservative
pension plan, but his comments put him on the side of City Hall
in its
dispute with the state.
Members of the Public and Commercial Services Union (PCS) working for Fujitsu have voted
in favour of an offer to end a
dispute over jobs, pay and
pensions.
The NASUWT and the NUT have now served notice to employers that NUT and NASUWT members
in the North West of England * will be called upon to take strike action on 27 June 2013
in furtherance of the
dispute with the Government over
pensions, pay and conditions.
The NASUWT remains
in dispute with the Government over adverse changes to teachers»
pensions, including the arbitrary decision to increase their normal
pension age.
Tops representatives noted that the Teamsters fund is the only creditor to file an objection to the agreement, and said the fund's «calculated litigation tactics» were a way to gain leverage
in the separate
pension dispute involving workers at a former Erie Logistics warehouse that Tops acquired from C&S
in 2013.
Public sector workers are taking part
in a series of strikes across the country over
disputes involving pay,
pensions and cuts.
Starting at 1 pm, PCS members will take part
in a half - day strike to tie
in with a three month campaign over pay and
pension disputes.
More than a million public sector workers are expected to strike
in a series of
disputes with the government over pay,
pensions and job cuts.
It is the first of fourteen planned walk outs
in the next four weeks as part of a nationwide
dispute over
pensions.
Brendan Barber, TUC general secretary, rejects «deeply inflammatory» public intervention by the government
in the public sector
pensions dispute.
Both teachers» unions are
in dispute with ministers over pay,
pensions and workload.
Once (or should I say if) this
pension / labour
dispute is put to rest, I'd actually expect a rapid & substantial improvement
in shareholder value — this might be a substantial return of capital or a tender offer (to distribute surplus cash), and / or a potential new partnership or even a takeover offer..?!
And insisting on a functioning internal
dispute resolution mechanism
in return for increased
pension payments is even more ridiculous — what's required from the union is absolutely no
disputes,
in return for a final
pension payment (even if it costs more again).
Representing an endowment fund,
pension plan and investors
in a $ 27 million
dispute with the former general partner of certain real estate private equity funds
Limitation rules
in member
disputes — a conversation between two
pension lawyers, Anna Rogers, ARC
Pensions Law, and Helena Berman, Maurice Turnor Gardner
Caroline is also an accredited Centre for Effective
Dispute Resolution mediator and frequently supports clients
in employment - and
pensions - related mediations.
In the UK, Caroline defends clients in both employment and pensions disputes, in the High Court and the Court of Appeal, as well as in employment tribunals and the Employment Appeal Tribuna
In the UK, Caroline defends clients
in both employment and pensions disputes, in the High Court and the Court of Appeal, as well as in employment tribunals and the Employment Appeal Tribuna
in both employment and
pensions disputes,
in the High Court and the Court of Appeal, as well as in employment tribunals and the Employment Appeal Tribuna
in the High Court and the Court of Appeal, as well as
in employment tribunals and the Employment Appeal Tribuna
in employment tribunals and the Employment Appeal Tribunal.
It's no surprise, then, that there's been so much discussion around the Ontario Court of Appeal's decision
in Re: Indalex Ltd., a case Hatnay was involved
in and spoke about during a session on
disputes over underfunded
pension plans.
Recent work includes handling a long - running
dispute in which a former employee has been seeking to establish the right to a survivor's
pension for his civil partner, and advising the employees of a university
in the North of England on the immigration implications of Brexit.
Chris provides business and corporate advice, including advice related to sales and acquisitions, commercial leasing, contracts, real estate conveyance and financing; broad commercial litigation representation including contracts and other business
disputes, commercial and residential construction defect claims, religious entity law, advice regarding employment
disputes and compliance, including ADA, ADEA, Title VII, Colorado Wage Act, FLSA compliance, and administrative proceedings before EEOC and DORA - Colorado Civil Rights Division; representation
in administrative proceedings, C.R.C.P. 106 (a)(4) appeals and interlocutory appeals regarding governmental immunity, defense and pursuit of 42 USC § 1983 actions
in federal and state court; representation of public
pension funds
in litigation and administrative matters; and appellate practice before the Colorado Court of Appeals, Colorado Supreme Court, and the 10th Circuit.
Partner
in our
Pensions & Employee Benefits team, Clive Weber, has had his comments published by Professional
Pensions in relation to British Airways»
pension scheme
dispute.
Notable mandates: Successfully represented Toronto mayor Rob Ford
in a libel and defamation action; representing former Liberal MP Borys Wrzesnewskyj
in litigation proceeding contesting election
in Etobicoke Centre; acting on the establishment of a large residential real estate private equity fund; a complex reorganization of an existing real estate private equity fund into private REIT, the investors
in which include several of Canada's largest
pension plans and mutual funds; acted for the purchaser
in excess of 230 quick service restaurants
in Ontario, B.C., and Quebec; acted for management
in a proxy
dispute involving an interlisted TSX and ASX company, involving various interest holders
in several international jurisdictions; represented Pharmascience Inc. at Federal Court of Canada; represented clients such as Apotex Inc.
in trademark
dispute; represented Canadian Generic Pharmaceutical Association
in matters before the Trademark Opposition Board.
Irrespective of how these issues are ultimately resolved, it is clear that the negotiations over the withdrawal agreement (and potentially any transitional measures and future trade deal) are now likely to require substantial work on institutional arrangements to account for the settlement of potential
disputes arising after the UK has formally left the EU,
in addition to the more mainstream issues of assets, liabilities, citizens» rights,
pensions etc..
The
dispute involved the interpretation of Regulation 4 of the Divorce etc (
Pensions)(Scotland) Regulations 2000, which provides a formula to calculate the proportion of any rights or interests
in any benefits under a
pension arrangement classed as matrimonial property under Section 10 (5) of the Family Law (Scotland) Act 1985.
We expect to see an increase
in joint venture
disputes and
pension related
disputes post
pension liberation.
She has experience of advising and acting
in disputes involving bonuses, commission, enhanced redundancy entitlements, share options and
pension rights.
Valuation:
disputes and advice about valuations or
in situations involving valuation issues, including
in relation to properties, other investments, businesses, shareholdings, portfolio assets,
pension funds, rent reviews, damages claims, asset disposals, and artworks.
Her recent experience includes: assistance to domestic and international companies belonging to the industrial and commercial sectors, both
in litigious
disputes and
in extra-judicial issues; legal advice on industrial collective agreements; drafting legal opinions
in labour law and
pensions matters.
Traditionally the
Pensions Ombudsman has been the low - cost forum
in which to have
disputes heard.
The expertise of Pinsent Masons LLP's «highly experienced litigators» includes cyber insurance, reinsurance, D&O matters, and warranty and indemnity claims; its strengths extend to professional indemnity
disputes in the
pensions sector and product liability work.
The firm has also experienced growth
in work relating to
pensions disputes,
in which it is acting for claimant trustees
in disputes concerning
pensions administration.
Oliver's experience includes: defending global investment banks
in High Court proceedings brought
in relation to complex financial products and transactions; acting for an international consulting firm
in High Court proceedings brought by the trustees of a
pension scheme; acting for a UK financial services provider
in relation to a major loss of customer data; acting for an insurer
in arbitration proceedings relating to an insurance coverage
dispute; acting for a global custody bank on an investigation
in relation to client overcharging on asset portfolio transitions; and acting for a UK financial services group
in relation to legal and regulatory issues arising from a major misstatement
in its published accounts.
Advising a company
in relation to a potential multi-million pound
pensions claim, acting for a Virgin Isles company
in a $ 10 million joint venture
dispute involving a gold mining venture
in southern Africa
Recent highlights include handling a right of access
dispute between two farmers; representing trustees of the Westoby
Pension Fund
in a construction
dispute, which involves a dilapidations claim and structural engineering issues; and acting for a food company, as the commercial landlord,
in a
dispute regarding a lease break clause.
Justin has specialised
in pensions and trusts
disputes since 1997 and professional negligence since 1995.
Quinn Emanuel has vast experience representing
pension funds, other managed funds, and government agencies as plaintiffs
in high - stakes
disputes filed
in the United States and abroad.
Schmitt represents businesses and individuals
in civil and commercial litigation matters including banking and finance, real estate, condo and homeowners associations, probate, professional liability defense, title
disputes, transportation, and
pension and retirement plans.
She regularly acts for clients
in civil and commercial
disputes, employment and
pension litigation, and administrative law proceedings.
Parties
in a
dispute with Scottish Life about a # 1 billion plus defined benefit scheme concerning
pensions liberation from it to Scottish Life offshore bonds
Alternatively, if you would like to speak to a member of our
Pensions Disputes team, please get
in touch directly.
British Vita Unlimited v. British Vita
Pension Fund Trustees Ltd [2007] PLR 157 — The first case examining the relationship between trustees» powers under a scheme's contributions rule and the scheme specific funding regime contained
in Part 3 of the
Pensions Act 2004 following acquisition of a FTSE 250 company by a US private equity house and an employer / trustee funding
dispute.
Adept at handling complex commercial litigation matters, our litigators have expertise advising companies
in the chemical, manufacturing and financial services sectors, as well as on a range of issues including trade and cross-border
disputes and property,
pensions and finance
disputes.
Highlights of his work with the
dispute resolution team include acting for a company
in a High Court trial involving a large
pension fund and Heathrow Airport Ltd, and assisting on several litigation matters for a major high street bank.