-- Recent Trends
in Pension Litigation,» Ontario Bar Association, Pensions Section, 6th Annual Pension and Benefits Hot Spots, May 2008.
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.
These risks and uncertainties include competition and other economic conditions including fragmentation of the media landscape and competition from other media alternatives; changes
in advertising demand, circulation levels and audience shares; the Company's ability to develop and grow its online businesses; the Company's reliance on revenue from printing and distributing third - party publications; changes
in newsprint prices; macroeconomic trends and conditions; the Company's ability to adapt to technological changes; the Company's ability to realize benefits or synergies from acquisitions or divestitures or to operate its businesses effectively following acquisitions or divestitures; the Company's success
in implementing expense mitigation efforts; the Company's reliance on third - party vendors for various services; adverse results from
litigation, governmental investigations or tax - related proceedings or audits; the Company's ability to attract and retain employees; the Company's ability to satisfy
pension and other postretirement employee benefit obligations; changes
in accounting standards; the effect of labor strikes, lockouts and labor negotiations; regulatory and judicial rulings; the Company's indebtedness and ability to comply with debt covenants applicable to its debt facilities; the Company's ability to satisfy future capital and liquidity requirements; the Company's ability to access the credit and capital markets at the times and
in the amounts needed and on acceptable terms; and other events beyond the Company's control that may result
in unexpected adverse operating results.
Notably,
in In re BP PLC Securities Litigation, Pomerantz currently represents nearly three dozen institutional plaintiffs, including U.S. public and private pension funds, U.S. limited partnerships and ERISA trusts, and pension funds from Canada, the U.K., France, the Netherlands, and Australia for claims arising from the disastrous April 2010 Deepwater Horizon oil spil
in In re BP PLC Securities Litigation, Pomerantz currently represents nearly three dozen institutional plaintiffs, including U.S. public and private pension funds, U.S. limited partnerships and ERISA trusts, and pension funds from Canada, the U.K., France, the Netherlands, and Australia for claims arising from the disastrous April 2010 Deepwater Horizon oil spil
In re BP PLC Securities
Litigation, Pomerantz currently represents nearly three dozen institutional plaintiffs, including U.S. public and private
pension funds, U.S. limited partnerships and ERISA trusts, and
pension funds from Canada, the U.K., France, the Netherlands, and Australia for claims arising from the disastrous April 2010 Deepwater Horizon oil spill.
Supr., May 14, 2015); Wal - Mart Stores, Inc. v. Indiana Elec. Workers
Pension Trust Fund IBEW 95 A. 3d 1264 (2014);
In re El Paso Shareholder
Litigation, 2012 WL 653845 (Del..
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.
New Jersey has been ordered to restore funds for urban schools, while
in Florida a class action brought by the state's teachers union seeks to protect state employee
pensions from the budget knife, a fresh field of
litigation.
WSJ Notes ILR Opposition to Third Party
Litigation Funding: In an article spotlighting the growth of larger investors, such as pension funds, in third party litigation funding, the Wall Street Journal notes that, litigation funders have faced a few consistent opponents, including the U.S. Chamber of Commerce's Institute for Legal Reform, which argues that it prompts unnecessary l
Litigation Funding:
In an article spotlighting the growth of larger investors, such as pension funds, in third party litigation funding, the Wall Street Journal notes that, litigation funders have faced a few consistent opponents, including the U.S. Chamber of Commerce's Institute for Legal Reform, which argues that it prompts unnecessary litigatio
In an article spotlighting the growth of larger investors, such as
pension funds,
in third party litigation funding, the Wall Street Journal notes that, litigation funders have faced a few consistent opponents, including the U.S. Chamber of Commerce's Institute for Legal Reform, which argues that it prompts unnecessary litigatio
in third party
litigation funding, the Wall Street Journal notes that, litigation funders have faced a few consistent opponents, including the U.S. Chamber of Commerce's Institute for Legal Reform, which argues that it prompts unnecessary l
litigation funding, the Wall Street Journal notes that,
litigation funders have faced a few consistent opponents, including the U.S. Chamber of Commerce's Institute for Legal Reform, which argues that it prompts unnecessary l
litigation funders have faced a few consistent opponents, including the U.S. Chamber of Commerce's Institute for Legal Reform, which argues that it prompts unnecessary
litigationlitigation.
For over thirty years, Mr. Miklave has represented employers and management
in all areas of employment, civil rights, and traditional labor law, including issues arising under federal and state anti-discrimination and anti-retaliation statutes; non-compete agreements and other post-employment restrictions; wage and hour investigations and
litigation; multi-employer
pension plan withdrawal liability and administration; collective - bargaining negotiations, administration and enforcement proceedings; corporate restructurings, reorganizations and plant closings; and employment practices and policies.
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.
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.
We have counseled employers
in a number of highly complex and specialized areas such as ERISA, and have been involved
in the
litigation of ERISA cases involving not only
pension plans but other benefit plans as well.
O'Brien v Ministry of Justice (No 2)[2017] UKSC 46, [2017] ICR 1101; 2017] IRLR 939 This is the latest stage
in the part - time judges»
pension litigation.
So, for example, he has been instructed to act for Lloyds» Bank
in the high profile Guaranteed Minimum
Pension litigation, and has recently been instructed as part of the Counsel team for the Representative Beneficiaries
in the appeal to the Court of Appeal
in IBM v Dalgleish.
Matthew Bullen Qualified: 2005 Made partner: 2016 Key cases: Representing ITV
in ongoing
litigation in connection with
pensions regulatory proceedings.
The chambers specialises
in banking and financial services, charity law, commercial
litigation, insolvency,
pensions, private client, professional negligence and property.
In addition to the Lead Plaintiff, the Iowa Public Employees» Retirement System, Orange County Employees» Retirement System («OCERS»), the State of Oregon, by and through the Oregon State Treasurer and the Oregon Public Employee Retirement Board on behalf of the Oregon Public Employee Retirement Fund («Oregon») and the General Board of Pension and Health Benefits of the United Methodist Church («the General Board»), all were appointed class representatives and Cohen Milstein was appointed Class Counsel in the litigation in October 201
In addition to the Lead Plaintiff, the Iowa Public Employees» Retirement System, Orange County Employees» Retirement System («OCERS»), the State of Oregon, by and through the Oregon State Treasurer and the Oregon Public Employee Retirement Board on behalf of the Oregon Public Employee Retirement Fund («Oregon») and the General Board of
Pension and Health Benefits of the United Methodist Church («the General Board»), all were appointed class representatives and Cohen Milstein was appointed Class Counsel
in the litigation in October 201
in the
litigation in October 201
in October 2011.
He is co-author of «DOL Final Fee Disclosure Rules May Have Consequences for Fiduciaries Beyond Fines - Could Result
in Increased
Litigation and Government Enforcement,» appearing
in Bloomberg BNA's
Pensions & Benefits Daily, «ERISA Fiduciary Claims: Planning, Protecting and Preparing for Class Actions,» appearing
in the Employee Relations Law Journal.
He has a particular specialism
in financial service coverage work but is equally at home defending claims against financial advisers, both
in litigation, before the Financial Ombudsman Service, accountants and
pension professionals.
Notable mandates: Successfully represented former 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
in a matter involving investors such as 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.
A recurring issue
in divorce
litigation is the treatment of marital assets that generate income, such as
pensions, rental real estate and businesses.
While the majority of the articling experience is
in labour law, we are able provide limited exposure to other areas of the law incidental to labour law including criminal, company, insurance, bankruptcy and insolvency,
pension and benefits, and a variety of
litigation files.
Robert Pratter has brought his broad based legal experience to Cohen, Placitella & Roth where he heads up the firm's complex
litigation group primarily representing public entities, union
pension funds and private individuals
in securities,...
She also provides
pension specialist support
in litigation and insolvency matters.
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.
For instance, we have major offices
in the United Kingdom, Germany, and Australia (among other countries) each of which represents clients
in significant
litigation matters
in those jurisdictions, including on behalf of
pension funds and other managed fund clients.
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.
In the article entitled, «Take caution with pension committee email ``, Dan and Terra discuss the implications of a recent decision by the Nova Scotia Supreme Court which provides an important reminder to employers and pension plan administrators about the costs and burdens associated with email communications in the context of pension plan litigatio
In the article entitled, «Take caution with
pension committee email ``, Dan and Terra discuss the implications of a recent decision by the Nova Scotia Supreme Court which provides an important reminder to employers and
pension plan administrators about the costs and burdens associated with email communications
in the context of pension plan litigatio
in the context of
pension plan
litigation.
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.
The
litigation involves claims by
pension funds or by life companies
in respect of their
pensions business for compensation where those claimants have received foreign income dividends which carried no right to a tax credit.
Andy McGregor, RPC banking
litigation partner, says: «The banks are already under a huge amount of regulatory pressure
in relation to manipulation of the foreign exchange market, but
in financial terms the banks face a similar risk as regards civil
litigation from
pension funds and other fund managers that lost money because of FX manipulation if there are adverse regulatory findings.
Notable mandates: successfully represented former 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; acted on a complex reorganization of an existing real estate private equity fund into private REIT
in a matter involving investors such as 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.
He also represented clients
in ERISA and other benefit plan
litigation arising from collectively bargained
pension and health and welfare plans.
«Radcliffe Chambers is «a go - to set» for Chancery and commercial work, with particular expertise
in trusts, probate, Court of Protection, property,
pensions and charities
litigation.»
In recent years Angela has been known for her work on the Pilots litigation which made new law on the meaning of»em ployer» in pension legislation and the Nortel case, involving the pursuit and recovery of a # 2bn deficit in proceedings in Europe and North Americ
In recent years Angela has been known for her work on the Pilots
litigation which made new law on the meaning of»em ployer»
in pension legislation and the Nortel case, involving the pursuit and recovery of a # 2bn deficit in proceedings in Europe and North Americ
in pension legislation and the Nortel case, involving the pursuit and recovery of a # 2bn deficit
in proceedings in Europe and North Americ
in proceedings
in Europe and North Americ
in Europe and North America.
We are well known for our work
in finance and the debt and equity capital markets, as well as corporate advisory and M&A work;
litigation and dispute resolution; real estate; and tax,
pensions and employment.
The primary focus of the articling experience
in Toronto is on all aspects of labour and employment law, including labour arbitration, proceedings before the Ontario Labour Relations Board and Canada Industrial Relations Board, human rights and equity issues (including Charter
litigation), collective bargaining, construction labour relations,
pension and benefits law, workers» compensation, disability claims, employment standards, wrongful dismissal
litigation and occupational health and safety.
Mark has recently been involved
in ERISA
litigation matters involving retiree medical plans, obligations of an employer under a deferred compensation arrangement, claims for
pension, health and welfare benefits, obligations of fiduciaries under a 401 (k) plan involving employer securities and what constitutes an ERISA plan.
Ashley has experience
in all areas of Personal Injury
Litigation as well as Long Term Disability and Canadian
Pension Plan Disability Appeals.
Alan's appointment follows the recruitment by Irwin Mitchell
in Manchester of commercial
litigation partner, Duncan Hope and DWF»S North West Head of
Pensions, Andrew Ashley Taylor.
In the area of commercial
litigation, Markus has particular expertise with respect to
pensions.
Counsel to a human resources consulting firm
in litigation regarding actuarial services provided to a
pension plan, appearing
in the Superior Court of Justice and the Ontario Court of Appeal, as well as defending quasi-criminal charges
in Provincial Court.
Our team of «exceptional litigators» (UK Legal 500, 2016) acts for both claimants and respondents
in all forms of
pensions and investment
litigation.
Orrick's ERISA and Benefits
Litigation lawyers counsel clients on withdrawal liability exposure
in multiemployer
pension plans and on the effects of asset sales and corporate transactions on potential withdrawal liability.
Our attorneys assist employers and plan fiduciaries, including
pension plan trustees,
in litigation matters, such as claims for plan benefits and claims for breach of fiduciary duties.
USPAP - compliant reviews of appraisals of most property types for
pension fund valuation purposes and clients involved
in litigation matters.