Sentences with phrase «interest litigation does»

Public interest litigation does not automatically entitle a claimant to an advance costs award, and the Court has no interest in becoming a «proxy for the public inquiry process» (at para 39).

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.

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.

«[Underwood] is an extremely capable lawyer, and the office primarily does litigation, but there are also public policy decisions that have to made,» such as how aggressively the office challenges the federal government to represent the interests of New Yorkers, Horner said.

I can't really say that there was a specific area of litigation that I was interested in that I didn't get to do.

Such statements reflect the current views of Barnes & Noble with respect to future events, the outcome of which is subject to certain risks, including, among others, the general economic environment and consumer spending patterns, decreased consumer demand for Barnes & Noble's products, low growth or declining sales and net income due to various factors, possible disruptions in Barnes & Noble's computer systems, telephone systems or supply chain, possible risks associated with data privacy, information security and intellectual property, possible work stoppages or increases in labor costs, possible increases in shipping rates or interruptions in shipping service, effects of competition, possible risks that inventory in channels of distribution may be larger than able to be sold, possible risks associated with changes in the strategic direction of the device business, including possible reduction in sales of content, accessories and other merchandise and other adverse financial impacts, possible risk that component parts will be rendered obsolete or otherwise not be able to be effectively utilized in devices to be sold, possible risk that financial and operational forecasts and projections are not achieved, possible risk that returns from consumers or channels of distribution may be greater than estimated, the risk that digital sales growth is less than expectations and the risk that it does not exceed the rate of investment spend, higher - than - anticipated store closing or relocation costs, higher interest rates, the performance of Barnes & Noble's online, digital and other initiatives, the success of Barnes & Noble's strategic investments, unanticipated increases in merchandise, component or occupancy costs, unanticipated adverse litigation results or effects, product and component shortages, the potential adverse impact on the Company's businesses resulting from the Company's prior reviews of strategic alternatives and the potential separation of the Company's businesses, the risk that the transactions with Microsoft and Pearson do not achieve the expected benefits for the parties or impose costs on the Company in excess of what the Company anticipates, including the risk that NOOK Media's applications are not commercially successful or that the expected distribution of those applications is not achieved, risks associated with the international expansion contemplated by the relationship with Microsoft, including that it is not successful or is delayed, the risk that NOOK Media is not able to perform its obligations under the Microsoft and Pearson commercial agreements and the consequences thereof, risks associated with the restatement contained in, the delayed filing of, and the material weakness in internal controls described in Barnes & Noble's Annual Report on Form 10 - K for the fiscal year ended April 27, 2013, risks associated with the SEC investigation disclosed in the quarterly report on Form 10 - Q for the fiscal quarter ended October 26, 2013, risks associated with the ongoing efforts to rationalize the NOOK business and the expected costs and benefits of such efforts and associated risks and other factors which may be outside of Barnes & Noble's control, including those factors discussed in detail in Item 1A, «Risk Factors,» in Barnes & Noble's Annual Report on Form 10 - K for the fiscal year ended April 27, 2013, and in Barnes & Noble's other filings made hereafter from time to time with the SEC.

Such statements reflect the current views of Barnes & Noble with respect to future events, the outcome of which is subject to certain risks, including, among others, the effect of the proposed separation of NOOK Media, the general economic environment and consumer spending patterns, decreased consumer demand for Barnes & Noble's products, low growth or declining sales and net income due to various factors, possible disruptions in Barnes & Noble's computer systems, telephone systems or supply chain, possible risks associated with data privacy, information security and intellectual property, possible work stoppages or increases in labor costs, possible increases in shipping rates or interruptions in shipping service, effects of competition, possible risks that inventory in channels of distribution may be larger than able to be sold, possible risks associated with changes in the strategic direction of the device business, including possible reduction in sales of content, accessories and other merchandise and other adverse financial impacts, possible risk that component parts will be rendered obsolete or otherwise not be able to be effectively utilized in devices to be sold, possible risk that financial and operational forecasts and projections are not achieved, possible risk that returns from consumers or channels of distribution may be greater than estimated, the risk that digital sales growth is less than expectations and the risk that it does not exceed the rate of investment spend, higher - than - anticipated store closing or relocation costs, higher interest rates, the performance of Barnes & Noble's online, digital and other initiatives, the success of Barnes & Noble's strategic investments, unanticipated increases in merchandise, component or occupancy costs, unanticipated adverse litigation results or effects, product and component shortages, risks associated with the commercial agreement with Samsung, the potential adverse impact on the Company's businesses resulting from the Company's prior reviews of strategic alternatives and the potential separation of the Company's businesses (including with respect to the timing of the completion thereof), the risk that the transactions with Pearson and Samsung do not achieve the expected benefits for the parties or impose costs on the Company in excess of what the Company anticipates, including the risk that NOOK Media's applications are not commercially successful or that the expected distribution of those applications is not achieved, risks associated with the international expansion previously undertaken, including any risks associated with a reduction of international operations following termination of the Microsoft commercial agreement, the risk that NOOK Media is not able to perform its obligations under the Pearson and Samsung commercial agreements and the consequences thereof, the risks associated with the termination of Microsoft commercial agreement, including potential customer losses, risks associated with the restatement contained in, the delayed filing of, and the material weakness in internal controls described in Barnes & Noble's Annual Report on Form 10 - K for the fiscal year ended April 27, 2013, risks associated with the SEC investigation disclosed in the quarterly report on Form 10 - Q for the fiscal quarter ended October 26, 2013, risks associated with the ongoing efforts to rationalize the NOOK business and the expected costs and benefits of such efforts and associated risks and other factors which may be outside of Barnes & Noble's control, including those factors discussed in detail in Item 1A, «Risk Factors,» in Barnes & Noble's Annual Report on Form 10 - K for the fiscal year ended May 3, 2014, and in Barnes & Noble's other filings made hereafter from time to time with the SEC.

The Commission will be allowed to initiate review and inquiries into incidents of «tension and conflict» in a community, institution, industry or sector of the economy, as well as, authority to initiate or assist in cases where it is of the opinion that it is in the public interest to do so, which will invariably influence the direction of human rights litigation.

There is a public interest in ensuring that when, as here, parties arrive at an agreement on disclosure to avoid litigation, such that disclosure is volunteered on terms that include a protective order, the terms of the protective order not be modified unless there is a compelling reason to do so.

But in the Court of Appeal Lord Justice Auld stated that confining the operation of the rule by reference to some time limit set close before litigation, does not fully serve the public policy interest underlying the rule.

There was an interesting study done in England some years ago (the reference to it is in my casebook) which showed that teaching basic business law to busiess managers significantly increased the incidence of litigation; people knew how to play the games of offer and acceptance, consideration, etc., and did so.

The claimant does not have the mental capacity to make his own decision about settlement and should have been represented though a responsible person, acting in the Client's best interests called a «litigation friend».

If the incapable adult does not have a family member or friend available and willing to act as Litigation Guardian, the Office of the Public Guardian and Trustee («PG&T»), a government body established to protect the rights and interests of mentally - incapable adults, will act as the Litigation Guardian.

If the child does not have a family member or friend available and willing to act as the Litigation Guardian, the Office of the Children's Lawyer («OCL»), a government body established to protect the interests of minors, will act as the Litigation Guardian.

On litigation I haven't done as much work in terms of trying to get either flat fee, or to not exceed numbers for different portions of litigation, but certainly I think that's something I might be interested in, if I was going out to look for a new firm, rather... Rely on litigation context is understanding how a firm bills and how an individual attorney bills.

Unions did have the resources to fund further litigation, but just weren't interested in it.

Aaron Street: Yeah I mean I think this can be taken too far, so if you had an example like Brad where he only represents criminal defendants and therefore there's no risk of him having a conflict come through the site when he's getting actual information about actual cases, but you could see in a litigation, let's say a family law lawyer, if their website were trying to collect information to provide tools as both an intake and access to justice solution that you potentially run into tremendous conflicts of interest problems there and I think obviously any lawyer considering pursuing this for their firm should think through the implications of their particular situation, but I think what Brad's doing is awesome in the context of his criminal law practice and I think there are versions of a similar model that could be used in something like your debt collection defense practice or a small business startup practice or an estate planning practice, but that doesn't mean that it's a model that should be replicated by every lawyer in every practice.

Sam Glover: You didn't think that bigger companies would be interested in using boutique litigation firms?

[38] This should all be done to guard against the lawyer taking what would be an inappropriate personal interest in the litigation thereby putting at risk his or her obligation to provide the client with objective advice and undivided loyalty.

penalizes the defendant for engaging in public participation «plaintiff» means a person who initiates or maintains a proceeding against a defendant; «proceeding» means any action, suit, matter, cause, counterclaim, appeal, or originating application that is brought in the Supreme Court or the Provincial Court, but does not include a prosecution for an offence or a crime; «public interest» means the whole of the subject matter invites public attention, or a matter in which the public has some substantial concern because it affects the welfare of citizens, or one to which considerable public notoriety or controversy has attached; «public participation» means communication or conduct aimed at influencing public opinion, or promoting further lawful action by the public or any government body, in relation to an issue of public interest; «Strategic Lawsuit Against Public Participation (SLAPP)» means a claim that arises from a form of expression or public participation, by the person against whom the claim is asserted that was made in connection with an official proceeding or about a matter of public interest; Purposes of this Act: 2 The purposes of this Act are to a) Establish a statutory right to public participation for every individual; b) Encourage individuals to express themselves on matters of public interest; c) Promote broad participation in debates on matters of public interest; d) Discourage the use of litigation as a means of unduly limiting expression on matters of public interest; and, e) Preserve the right of access to the courts for all proceedings and claims that are not brought or maintained for an improper purpose.

It seems to me that if legal advice obtained by one person is passed on to another person for the sake of informing that other person in confidence of legal advice which that person needs to know by reason of a sufficient common interest between them, then it would be contrary to the principle upon which all legal professional privilege is granted to say that the legal advice which was privileged in the hands of the first party should be lost when passed over in confidence to the second party, merely because it was not done in the context of pending or contemplated litigation.

This is a really interesting time to be a products lawyer doing both regulatory work and handling product related litigation and liability risks.

... the recent conduct of this litigation on the issue of interim costs has ill - served the interests of the parties, though it is unclear to me whether they recognize that or, if they do, whether they care.

If you are interested in litigation, one way is to do a legal search (e.g., Westlaw) and see who shows up on the type you are looking for.

Make sure you don't become their next victim — protect your own best interest by contacting a law firm with experience in truck accident injury litigation.

Whilst my approach is to avoid litigation unless really necessary, I do of course act for clients in court proceedings or arbitration where they have significant disputes about their finances and / or children, for example if there is a dispute about the value of trust or business interests, or whether children should be removed from the jurisdiction to live abroad.

7 (3) If a litigation guardian is required for a young person under the Court Rules Act and is not otherwise provided for by the Infants Act, the Public Guardian and Trustee must act as litigation guardian for the young person if the Public Guardian and Trustee considers it is in the young person's best interests to do so.

During the litigation, Husband did nothing to increase the value of this venture but one of his partners did substantial marketing work and eventually he purchased Husband's interest for $ 1,591,500.

The phenomenon of interested parties intervening in litigation that does not directly concern them is now a frequent occurrence, says Alec Samuels

Someone at a Bay St firm asked me if I was sure I didn't want to do family or criminal — when I had indicated that I was taking neither of those classes and was interested in civil litigation.

At the same time, we remain vigilant about protecting our client's interests and do not hesitate to recommend an independent course, including aggressive litigation, when the situation calls for it.

Notably, in this litigation, the state did not argue that the statute furthered a compelling state interest, only that the issue was moot because the state did not intend to disburse any matching funds.

Commenting on the Harborview litigation, Judge Loretta A. Preska, of the U.S. District Court, Southern District of New York, noted that the case brought on behalf of the plaintiffs was «interesting and different» and that settlement on their behalf «was a job well done.»

Although some criticisms of the statutory human rights system may be valid, and some jurisdictions have less comprehensive schemes than others (for example, human rights commissions are absent from the legislative schemes of Nunavut and British Columbia), the fact remains that the statutory human rights system has the potential to serve the public interest in ways that a private law model of tort or contract litigation does not.

In Okanagan, the Supreme Court of Canada signalled that costs do not necessarily have to be awarded to a successful party, especially in public interest Charter litigation.

It added that «one can not maintain as the appellant does that litigation privilege serves to protect only private interests.»

Recent notable reported cases include R (Miller and Dos Santos) v Secretary of State for Exiting the European Union [2017] UKSC 5 (acting for one of the interested parties in the Article 50 litigation at both Divisional Court and Supreme Court levels) and Dorothy Gibson v Pride Mobility Products Ltd [2017] CAT 9 (acting for the respondent in the first opt - out class action in UK competition proceedings).

The denial of costs in this case certainly may not rise to the level of collusion alleged here, but it does give rise for pause for lawyers engaging in public interest litigation.

The wider interest of this litigation lies in the action the employer took once it discovered that the replies to the questionnaire did not reveal three previous episodes of work - related depression.

Hoang v. Vicentini was a motor vehicle case that discusses the difference between litigation experts and participant experts (the former needs to prepare a report under the Rules of Civil Procedure, the latter does not) and also conflict of interest issues for defence counsel acting in a reservation of rights situation.

Many of the firm's referrals come from other lawyers and institutions who either do not provide construction litigation services in - house or who are unable to act for scheduling or perceived conflict of interest reasons.

There's apparently ongoing litigation with the CSA taking a position that telling people how to comply with Ontario law and do safe electrical installations (the Ontario law incorporates a modified CSA Canadian Electrical Code) infringes CSA rights (website is not written by a lawyer and there is a lengthy history but I found it interesting):

A litigation guardian who does not have a personal interest in the outcome of the litigation will be able to keep the best interests of the dependent adult front and centre, while making decisions on his or her behalf.

It's great to require plaintiffs to disclose their financial interests and prior litigation, but in jurisdictions that seal more documents than necessary, those disclosure requirements will do very little to equip future defendants with information about the plaintiffs» histories.

Universities would better serve the public interest by ensuring appropriate use of their technology by requiring their licensees to operate under a business model that encourages commercialization and does not rely primarily on threats of infringement litigation to generate revenue.

While we encourage you to consider mediation and negotiation outside of court to settle your differences, we do not shy away from litigation and will fight to protect your interests.

Previous Native Title Reports have commented on the Commonwealth's respondent funding scheme, 81 noting its effect in hardening the positions of those who already have their interests protected in any event, 82 and its seeming encouragement of litigation over negotiation.83 During the consultations, an NTRB in Queensland expressed frustration at the inequality created when mining and other companies are financed directly by the Attorney - General, putting NTRBs (and therefore the traditional owners they represent), with limited funding as described above, at a disadvantage when appearing in arbitration hearings about the doing of future acts.

In my experience parents communicate better in mediation than they do in litigation as the focus is on collective interests not fixed positions.