Sentences with phrase «issues in dispute such»

Not exact matches

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 personSuch 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 personsuch 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 personsuch 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.

It is not without interest that such dissenters are frequently most enthusiastic about the Church taking official positions on innumerable issues in political dispute.

The CCP stirs the nationalistic emotions of the people by contesting Japan over issues such as: the disputed territorial claims with China: its writing of history that omits Japanese atrocities in its invasion of China, and in recent visits by its leaders to Japan's Yasukuni shrine which honors national heroes including convicted war criminals.2

But while the League of Nations did assist with minor international disputes, it had little real power for dealing with issues such as the Japanese invasion of Asia, Italian expansion in Africa and German aggression in Europe.

On many points, decisions of Islamic religious courts have the force of national law (a touchy issue when a dispute involves a Muslim and a non-Muslim, or when one spouse in an existing marriage converts to Islam and makes the other members of the family subject to Shari'a determinations on matters such as child custody).

Decisions had to be made from time to time as to where or when services of the church would be held; the church needed to be told of the impending visit of an apostle, or of some prophet or teacher from abroad; a question has been raised as to the good faith of one of these visitors, and there must be some discussion of the point and a decision on it; a fellow Christian from another church is on a journey and needs hospitality; a member of the local congregation planning to visit a church abroad needs a letter of introduction to that church, which someone must be authorized to provide; a serious dispute about property rights or some other legal matter has arisen between two of the brothers and the church must name someone to help them settle the issue or must in some other way deal with it; a new local magistrate has begun to prosecute Christians for violating the law against unlicensed assembly, and consideration must be given to ways and means of meeting this crisis; charges have been brought against one of the members by another member, and these must be investigated and perhaps some disciplinary action taken; one of the members has died, and the church is called on for some special action in behalf of his family in the emergency; differences of opinion exist in the church on certain questions of morals or belief (such as marriage and divorce, or the resurrection), differences which local prophets and teachers are apparently unable to compose, and a letter must be written to the apostle — who will write this letter and what exactly will it say?

He would also prohibit negotiations on such issues as furloughs and force arbitrators in contract disputes to consider the impact of wage increases on property taxes.

Courageous teachers model respectful manners and attitudes within their classrooms when they resolve disputes, engage in classroom discussions, and answer inquiries on sensitive issues such as race.

In addition to training teachers, administrators, and other school leaders on issues such as tenure, special education, employment discrimination, employee whistleblowing claims, student harassment and anti-bullying law, ethics, governance, and student rights, Teresa has argued before the New Jersey Supreme Court, has substantial experience in federal and state courts, and has tried numerous disputes to conclusion in the New Jersey Office of Administrative LaIn addition to training teachers, administrators, and other school leaders on issues such as tenure, special education, employment discrimination, employee whistleblowing claims, student harassment and anti-bullying law, ethics, governance, and student rights, Teresa has argued before the New Jersey Supreme Court, has substantial experience in federal and state courts, and has tried numerous disputes to conclusion in the New Jersey Office of Administrative Lain federal and state courts, and has tried numerous disputes to conclusion in the New Jersey Office of Administrative Lain the New Jersey Office of Administrative Law.

«(a) DEFINITION - For purposes of this chapter, an alternative dispute resolution process includes any process or procedure, other than an adjudication by a presiding judge, in which a neutral third party participates to assist in the resolution of issues in controversy, through processes such as early neutral evaluation, mediation, minitrial, and arbitration as provided in sections 654 through 658.

Rights management is such a mess — especially in Europe — that it is no wonder these issues come mostly from cross-border rights disputes.

I think it might help to clarify some points in dispute, such as: — to what extent windiness affects the degree of UHI — local site issues — the simultaneity of wind and temperature measurements

In the group of patents issued before market authorization, all patents are accorded equal priority and in such instances challenges must be made to the Federal Court for determination as to whether a disputed SPC has complied with threshold requirements (iIn the group of patents issued before market authorization, all patents are accorded equal priority and in such instances challenges must be made to the Federal Court for determination as to whether a disputed SPC has complied with threshold requirements (iin such instances challenges must be made to the Federal Court for determination as to whether a disputed SPC has complied with threshold requirements (ie.

From the initial stages of marital separation, to longer - term disputes related to issues such as child custody or support payments, we answer the most frequently asked questions («FAQs») that we hear about marital disputes in Ontario, Canada.»

If nothing else, it should draw a judge's attention to the costs in dispute and the reason for the dispute, so encouraging the judge to deal with such issues.

Our lawyers have a wealth of experience in pursuing or defending disputes in litigation and international arbitration proceedings, such disputes frequently involving multiple jurisdictions, or complex technological or engineering issues.

Although we have extensive trial experience against the government, we believe — particularly in heavily - regulated industries or when government contracts are at issue — that it is equally important to engage in early efforts with regulators to pursue alternative solutions that impose only the most reasonable burdens on our clients, using measures such as consent agreements, deferred prosecution agreements, and nonprosecution agreements to amicably resolve disputes, including those in which the amounts at issue reached nine figures

In addition, while the Court cautioned that it may exclude counsel due to prior misconduct, such as «commencing class actions, not pursuing them, and then using them to demand ransom from other counsel in carriage disputes,» it could not be said that the motion judge was unaware of the issue, or that he erred in awarding carriage despite MLG's participation in the Rochon GrouIn addition, while the Court cautioned that it may exclude counsel due to prior misconduct, such as «commencing class actions, not pursuing them, and then using them to demand ransom from other counsel in carriage disputes,» it could not be said that the motion judge was unaware of the issue, or that he erred in awarding carriage despite MLG's participation in the Rochon Grouin carriage disputes,» it could not be said that the motion judge was unaware of the issue, or that he erred in awarding carriage despite MLG's participation in the Rochon Grouin awarding carriage despite MLG's participation in the Rochon Grouin the Rochon Group.

The court continued, explaining that «a genuine issue of material fact exists where facts concerning an issue that would dispose of the litigation are in dispute or where the undisputed material facts are capable of supporting conflicting inferences on such an issue.»

Family law is a unique species of civil law for many reasons, but primarily because of: the frequency with which disputes brought to court concern social, psychological and emotional issues rather than legal; the almost complete absence of circumstances in which a specific legal conclusion invariably and inevitably results from a particular set of facts; and, the range of other areas of the law that may be concurrently applicable, such as contracts, tax, conflicts, real property, negligence, torts and trusts.

The guidance also indicates when trustees need to protect themselves against the adverse risk of costs and outlines alternative ways to resolve the issue in dispute that trustees should explore before legal action such as mediation and negotiation.

UNCITRAL has undertaken work in a wide range of commercial law issues, such as micro, small and medium enterprises (MSMEs), arbitration and conciliation, investor - state dispute settlement reform, electronic commerce, insolvency law, security interests and international sale of goods.

David is generally instructed in high profile and heavyweight cases in the High Court, frequently involving conspiracy and economic torts, unlawful competition, team moves, the protection of confidential information, post-termination restraints, wrongful termination / expulsion, carried interest and bonus disputes (where he has acted in most of the landmark decisions such as Horkulak v Cantor Fitzgerald, Keen v Commerzbank and Anar v Dresdner Kleinwort), as well as claims arising in a regulatory context which raise important reputational issues, and whistleblowing and discrimination claims in the Employment Tribunal.

When clients do come to us for entertainment litigation representation, our litigation lawyers have experience across a wide gamut of entertainment disputes, with expertise in all forms of entertainment and their collateral issues, such as defamation, privacy and copyright matters.

This can range from historical information about judges and lawyers, notably including the cases in which they have been involved and the decisions reached, to the different parties in dispute, and even specialist IP issues, such as patents.

Following last month's landmark Supreme Court decision in the case of MTH v E.ON, which concerned the interpretation of contractual terms in a design and build contract, below Emily Albou, a leading Property Damage and Commercial Dispute Resolution barrister at 2 Temple Gardens, talks Lawyer Monthly through the case, investigating the impact of this decision on the pre-contractual precautions that contractors should take to avoid such issues.

However, Rule 29 (3) also includes sensitive subjects such as the issues in dispute and admissions of fact that also arise in the court form that defence lawyers must file, prior to the conduct of all pretrial conferences, under Rule 26 (1).

For example, claims between manufacturers and distributors may arise from contract disputes regarding delays in delivery, and product liability issues such as defective products, product quality, and disputes regarding a product's fitness for use.

Drafting a marital settlement agreement on your own instead of having an experienced qualified attorney draft it can result in various costly legal disputes after the divorce is over, such as a dispute about an issue that you and your spouse failed to address in your agreement or a dispute about an issue that was addressed in your agreement but is too vague or ambiguous to understand.

In addition to his core work, Richard regularly advises on various other issues for developers, investors and housebuilders such as: keep - open obligations, servitudes, lease disputes and interdicts.

We represent businesses in WorkSafeBC disputes and the Workers Compensation Appeals Tribunal, disputes with associations (such as the New Car Dealers Association and the Motor Vehicle Sales Authority of BC), and issues with Revenue Canada.

We frequently assist clients in issues regarding technology, the Internet, and eCommerce, such as cyber-squatting, cyber-terrorism, business interference, licensing, unfair competition and other disputes relating to technology rights.

He practises in all areas of labour and employment law, where he provides advice and representation to employers in the public and private sectors on a wide range of issues such as labour disputes, grievance arbitration, human rights and accommodation matters, and wrongful dismissal claims.

Other sessions will identify how dispute resolution is helping address an array of issues, such as the opioid crisis, truancy, public records disputes, child support enforcement, and eldercare conflicts, and how courts are using the approach in all of these areas and more.

The customs group is headed by Jason Collins and Stuart Walsh, two experienced tax litigators who have represented household - name brewery clients in excise and alcohol duty disputes with HMRC and also advise on issues such as supply chain arrangements and regulatory compliance.

Mr. Hensley's litigation experience is broad in nature, encompassing such diverse practice areas as: real estate issues of almost any nature; construction defect litigation (both plaintiff and defense, representing developers, contractors, managers, subcontractors, and design professionals); federal and state securities class action / derivative defense; partnership / corporate governance issues; UCC / commercial paper / letter of credit issues; intellectual property / trade secret / unfair competition issues; wrongful termination / harassment trials; wage / hour class action defense; contract formation and interpretation issues; bankruptcy adversary proceedings; health care disputes; telecommunications issues; and debtor / creditor financing issues involving both secured and unsecured interests.

John is frequently called upon to litigate highly contentious matters such as disruptive labour disputes and workplace mental health issues, and acts exclusively for employers in the broader area of labour and employment law.

Additionally, recognizing that a cyber - or privacy - related development can expand to encompass a number of other significant legal issues, our group works hand - in - glove with attorneys in our White Collar Defense, Regulatory and Investigations, Securities Litigation, Complex Commercial Litigation, Business Finance & Restructuring and Employment Litigation practices, among others, to address subsequent risks such as government or regulatory inquiries, shareholder, consumer, or employee class action litigation, trade secrets theft, funding or financial issues, and disputes with vendors, service providers and other third parties.

In addition, our employment lawyers also litigate restrictive covenant and trade secret issues, employment contract disputes, employment tort action cases and other statutory causes of action such as claims asserted under the Family and Medical Leave Act, Fair Labor Standards Act and Whistleblower statutes.

Cost oil disputes, meanwhile, arise from legal issues pertaining to first production, where the scrutiny of exploration and development costs lead to arguments over the capacity or expertise of states to properly audit such statements, which explains why expert consultancy FTI opened in South Africa in April this year.

A business litigation attorney in Springfield, MO, will be your advocate in a broad - range of non-criminal business litigation including issues such as contracts, liabilities, disputes, partnerships, and more.

In addition, I also enjoy assisting clients with other real estate issues, such as preparing co-tenancy agreements and advising clients regarding boundary disputes.

Such clarity can prevent lengthy legal disputes later in life and also strengthen your relationship by defining those difficult financial issues.

Alan has a great deal of experience in acting for clients in issues arising out of corporate transactions, such as warranty claims and disputes over proper calculation of deferred consideration.

[2006] 2 Lloyd's Rep 389; [2006] 2 All E.R. (Comm) 938 - whether an admitted but unpaid liability constitutes a «dispute» within the meaning of an arbitration clause such that arbitrator had jurisdiction to issue award in respect of the admitted liability.

At present, parenting coordination is available in Alberta, British Columbia, Ontario and Quebec.Along the way, the parenting coordinator works on longer - term issues, such as helping the parents learn to communicate more effectively with each other and build their ability to resolve disputes themselves.

This can range from historical information about judges and lawyers, including the cases in which they have been involved and the decisions reached, to the different parties in dispute, and even specialist IP issues, such as patents.

Joshua undertook a three - month secondment in the Private Client and Trusts department of Bailhache Labesse (now part of Appleby Global) on Jersey, in which he acted in and advised on a wide range of private client and trust issues, such as a long - running dispute related to the administration of an estate with property in Jersey, France and England, and the replacement of trustees of a Jersey trust of breeder premiums for French racehorses.

NJP will also accept cases involving other issues, such as transportation, discrimination in public accommodations, general barriers to accessing courts and other means of resolving disputes or matters that otherwise address systemic problems experienced by low income individuals or communities.

Assisting Virgin's in house team with their IP needs, including advising on issues of trade mark infringement, passing off, company name disputes and domain disputes, as well as providing non-contentious advice on matters such as licensing arrangements.