The key issues in this litigation were likely to be factual rather than legal; other things were not therefore equal in this case.
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 personnel.
Actual results, including with respect to our targets and prospects, could differ materially due to a number of factors, including the risk that we may not obtain sufficient orders to achieve our targeted revenues; price competition
in key markets; the risk that we or our channel partners are not able to develop and expand customer bases and accurately anticipate demand from end customers, which can result
in increased inventory and reduced orders as we experience wide fluctuations
in supply and demand; the risk that our commercial Lighting Products results will continue to suffer if new
issues arise regarding
issues related to product quality for this business; the risk that we may experience production difficulties that preclude us from shipping sufficient quantities to meet customer orders or that result
in higher production costs and lower margins; our ability to lower costs; the risk that our results will suffer if we are unable to balance fluctuations
in customer demand and capacity, including bringing on additional capacity on a timely basis to meet customer demand; the risk that longer manufacturing lead times may cause customers to fulfill their orders with a competitor's products instead; the risk that the economic and political uncertainty caused by the proposed tariffs by the United States on Chinese goods, and any corresponding Chinese tariffs
in response, may negatively impact demand for our products; product mix; risks associated with the ramp - up of production of our new products, and our entry into new business channels different from those
in which we have historically operated; the risk that customers do not maintain their favorable perception of our brand and products, resulting
in lower demand for our products; the risk that our products fail to perform or fail to meet customer requirements or expectations, resulting
in significant additional costs, including costs associated with warranty returns or the potential recall of our products; ongoing uncertainty
in global economic conditions, infrastructure development or customer demand that could negatively affect product demand, collectability of receivables and other related matters as consumers and businesses may defer purchases or payments, or default on payments; risks resulting from the concentration of our business among few customers, including the risk that customers may reduce or cancel orders or fail to honor purchase commitments; the risk that we are not able to enter into acceptable contractual arrangements with the significant customers of the acquired Infineon RF Power business or otherwise not fully realize anticipated benefits of the transaction; the risk that retail customers may alter promotional pricing, increase promotion of a competitor's products over our products or reduce their inventory levels, all of which could negatively affect product demand; the risk that our investments may experience periods of significant stock price volatility causing us to recognize fair value losses on our investment; the risk posed by managing an increasingly complex supply chain that has the ability to supply a sufficient quantity of raw materials, subsystems and finished products with the required specifications and quality; the risk we may be required to record a significant charge to earnings if our goodwill or amortizable assets become impaired; risks relating to confidential information theft or misuse, including through cyber-attacks or cyber intrusion; our ability to complete development and commercialization of products under development, such as our pipeline of Wolfspeed products, improved LED chips, LED components, and LED lighting products risks related to our multi-year warranty periods for LED lighting products; risks associated with acquisitions, divestitures, joint ventures or investments generally; the rapid development of new technology and competing products that may impair demand or render our products obsolete; the potential lack of customer acceptance for our products; risks associated with ongoing
litigation; and other factors discussed
in our filings with the Securities and Exchange Commission (SEC), including our report on Form 10 - K for the fiscal year ended June 25, 2017, and subsequent reports filed with the SEC.
Examples of these risks, uncertainties and other factors include, but are not limited to the impact of: adverse general economic and related factors, such as fluctuating or increasing levels of unemployment, underemployment and the volatility of fuel prices, declines
in the securities and real estate markets, and perceptions of these conditions that decrease the level of disposable income of consumers or consumer confidence; adverse events impacting the security of travel, such as terrorist acts, armed conflict and threats thereof, acts of piracy, and other international events; the risks and increased costs associated with operating internationally; our expansion into and investments
in new markets; breaches
in data security or other disturbances to our information technology and other networks; the spread of epidemics and viral outbreaks; adverse incidents involving cruise ships; changes
in fuel prices and / or other cruise operating costs; any impairment of our tradenames or goodwill; our hedging strategies; our inability to obtain adequate insurance coverage; our substantial indebtedness, including the ability to raise additional capital to fund our operations, and to generate the necessary amount of cash to service our existing debt; restrictions
in the agreements governing our indebtedness that limit our flexibility
in operating our business; the significant portion of our assets pledged as collateral under our existing debt agreements and the ability of our creditors to accelerate the repayment of our indebtedness; volatility and disruptions
in the global credit and financial markets, which may adversely affect our ability to borrow and could increase our counterparty credit risks, including those under our credit facilities, derivatives, contingent obligations, insurance contracts and new ship progress payment guarantees; fluctuations
in foreign currency exchange rates; overcapacity
in key markets or globally; our inability to recruit or retain qualified personnel or the loss of
key personnel; future changes relating to how external distribution channels sell and market our cruises; our reliance on third parties to provide hotel management services to certain ships and certain other services; delays
in our shipbuilding program and ship repairs, maintenance and refurbishments; future increases
in the price of, or major changes or reduction
in, commercial airline services; seasonal variations
in passenger fare rates and occupancy levels at different times of the year; our ability to keep pace with developments
in technology; amendments to our collective bargaining agreements for crew members and other employee relation
issues; the continued availability of attractive port destinations; pending or threatened
litigation, investigations and enforcement actions; changes involving the tax and environmental regulatory regimes
in which we operate; and other factors set forth under «Risk Factors»
in our most recently filed Annual Report on Form 10 - K and subsequent filings by the Company with the Securities and Exchange Commission.
Lawyers from our dispute resolution and
litigation practice have drafted these Q&A s, which give a structured overview of
key practical
issues concerning enforcement of judgments and arbitral awards
in our four jurisdictions.
Mr. Dunne will identify the
key issues in a case and advise his client on the pros and cons of arbitration or
litigation.
Once upon a time,
in the last millenium, soon after I was called to the bar, a lawyer from another country gave a speech,
in Toronto, about how
litigation was conducted
in his country and the
key issues all counsel should address to present their client's case, properly.
The newscast represents a unique opportunity to hear a panel of industry experts address the
key issues affecting the third party
litigation funding market
in an engaging 30 minute broadcast.
Zac is currently involved
in human rights
litigation being conducted
in a
key African jurisdiction which raises a number of important public international law
issues.
In this two - hour LIVE webcast, our panel of thought leaders and
key experts will discuss
key issues regarding trademark
litigation.
Although checklists are not as dramatic as other types of
litigation graphics such as three - dimensional animations or interactive PowerPoint timelines, they can be very effective
in persuading juries on
key issues and
in making it easier for them to recall the important elements of a case.
Mark Stefanini Qualified: 2006 Made partner: 2015
Key cases: Advised a Spanish real estate investment fund
in relation to
litigation concerning breaches of loan documentation, material adverse change and
issues of delay and failure to provide information
in relation to the construction of a London hotel.
Robert Allen Qualified: 2004 Made partner: 2015
Key cases: Advising a retail bank
in relation to
litigation and regulatory
issues concerning payment protection insurance and related consumer credit claims; acting for an academic institution defending claims brought by a former employee under the Data Protection Act 1998.
His approach is flexible, but will often involve early
in - depth analysis of the strengths, weaknesses, risks and opportunities involved; assisting
in formulating an appropriate strategy; supporting dispute resolution
in the most suitable way (including negotiation, mediation, arbitration and
litigation); and providing timely and incisive advice on
key issues arising
in a dispute or potential transaction.
The event will take a holistic approach, bringing together judges, advocates,
litigation support experts and eminent litigators from a number of different jurisdictions, providing a global perspective on current
key issues in cross-border
litigation commercial dispute resolution affecting practitioners and clients today.
Patent
Litigation practice lunch and learn addressing key patent litigation issues and developments faced by in - hous
Litigation practice lunch and learn addressing
key patent
litigation issues and developments faced by in - hous
litigation issues and developments faced by
in - house counsel.
Lawyers from our dispute resolution and
litigation practice have drafted this Q&A, which gives a structured overview of
key practical
issues concerning
litigation and enforcement
in this jurisdiction, including:
In personal injury
litigation the credibility of the Plaintiff is usually a
key issue at trial and for this reason Rule 18 - A is rarely used.
Discussing the most relevant topics and
key issues the Commercial
Litigation & Arbitration Forum offers the opportunity for delegates to engage
in widening and valuable debates that will take place throughout the day and we actively encourage wider audience participation.
In this live, in - studio segment, Providence Commercial Litigation counsel Steven Richard, a member of our Data Privacy & Cybersecurity team, discusses key data privacy and security issue
In this live,
in - studio segment, Providence Commercial Litigation counsel Steven Richard, a member of our Data Privacy & Cybersecurity team, discusses key data privacy and security issue
in - studio segment, Providence Commercial
Litigation counsel Steven Richard, a member of our Data Privacy & Cybersecurity team, discusses
key data privacy and security
issues.
But
in other instances, we find
issues that may change the structure of the deal, such as
key individuals who have a history of discrimination complaints, CFOs who have a history of financial troubles, executives who have embellished credentials, history of
litigation or even criminal charges.
We're hoping that,
in addition to dealing with abusive
litigation tactics, the
key issue of patent quality is addressed.