Sentences with phrase «obtained by that disclosure»

[35] The common law implied undertaking limits the use that the recipient of compelled disclosure can make of information obtained by that disclosure: Kitchenham v. AXA Insurance Canada, 2008 ONCA 877 (CanLII) at para. 29.

Not exact matches

Section IV (c) of PTE 84 - 24 requires investment company Principal Underwriters to obtain approval from an independent fiduciary and furnish the independent fiduciary with a written disclosure in order to receive commissions in conjunction with the purchase by a plan of securities issued by an investment company Principal Underwriter.
The contract must clearly disclose any conflicts of interest that do exist, and must give the client instructions as to how he or she can obtain online access to compensation arrangements entered into by the insurance carrier (the final rule, however, provides for a streamlined disclosure pursuant to which individualized information about specific advisors need not be listed).
The Politico reporter, Lorraine Woellert, obtained Scaramucci's disclosures by making a routine request to the Ex-Im bank for the form 278e that Scaramucci completed before working there.
Many factors could cause BlackBerry's actual results, performance or achievements to differ materially from those expressed or implied by the forward - looking statements, including, without limitation: BlackBerry's ability to enhance its current products and services, or develop new products and services in a timely manner or at competitive prices, including risks related to new product introductions; risks related to BlackBerry's ability to mitigate the impact of the anticipated decline in BlackBerry's infrastructure access fees on its consolidated revenue by developing an integrated services and software offering; intense competition, rapid change and significant strategic alliances within BlackBerry's industry; BlackBerry's reliance on carrier partners and distributors; risks associated with BlackBerry's foreign operations, including risks related to recent political and economic developments in Venezuela and the impact of foreign currency restrictions; risks relating to network disruptions and other business interruptions, including costs, potential liabilities, lost revenues and reputational damage associated with service interruptions; risks related to BlackBerry's ability to implement and to realize the anticipated benefits of its CORE program; BlackBerry's ability to maintain or increase its cash balance; security risks; BlackBerry's ability to attract and retain key personnel; risks related to intellectual property rights; BlackBerry's ability to expand and manage BlackBerry ® World ™; risks related to the collection, storage, transmission, use and disclosure of confidential and personal information; BlackBerry's ability to manage inventory and asset risk; BlackBerry's reliance on suppliers of functional components for its products and risks relating to its supply chain; BlackBerry's ability to obtain rights to use software or components supplied by third parties; BlackBerry's ability to successfully maintain and enhance its brand; risks related to government regulations, including regulations relating to encryption technology; BlackBerry's ability to continue to adapt to recent board and management changes and headcount reductions; reliance on strategic alliances with third - party network infrastructure developers, software platform vendors and service platform vendors; BlackBerry's reliance on third - party manufacturers; potential defects and vulnerabilities in BlackBerry's products; risks related to litigation, including litigation claims arising from BlackBerry's practice of providing forward - looking guidance; potential charges relating to the impairment of intangible assets recorded on BlackBerry's balance sheet; risks as a result of actions of activist shareholders; government regulation of wireless spectrum and radio frequencies; risks related to economic and geopolitical conditions; risks associated with acquisitions; foreign exchange risks; and difficulties in forecasting BlackBerry's financial results given the rapid technological changes, evolving industry standards, intense competition and short product life cycles that characterize the wireless communications industry.
The growing chorus of conservatives demanding answers from Facebook comes after the disclosure that 87 million people had their data improperly obtained by Cambridge Analytica drew bipartisan condemnation.
There are a number of important factors that could cause actual results or events to differ materially from those indicated by such forward - looking statements, including, but not limited to: uncertainties involving interpretation of drilling results, environmental matters, lack of ability to obtain required permitting, equipment breakdown or disruptions, and the other factors described in Paramount's disclosures as filed with the SEC.
Discovery and invention have made it possible for the Government, by means far more effective than stretching upon the rack, to obtain disclosure in court of what is whispered in the closet.»
5) Inaccuracy: The Executive threatened legislators by obtaining their financial disclosure forms.
Records obtained by Newsday show that the county Ethics Commission has allowed Levy to file a state disclosure form since 2006.
Drew has apologized for the episode in which he obtained employees» addresses from city hall, including police addresses protected from disclosure by law.
Senate Democrats are criticizing Gov. Andrew Cuomo tying new outside income disclosure requirements and per diem reforms to spending in the state budget, questioning whether the approach is constitutional, according to a letter obtained by Capital Tonight.
Newsday obtained from the town several disclosure forms, including those sought by Ripp, but did not request that they be certified.
The rollout of a suite of new email security services by Google follows a 2016 US presidential election that was shaped in part by the disclosure of emails of Democratic candidate Hillary Clinton that were obtained through phishing schemes.
«The record demonstrates that respondent disclosed confidential information regarding collective negotiations under the Taylor Law, which he gained in the course of his participation as a board member in executive session,» according to a copy of the decision obtained by The Buffalo News, «and that his disclosures constituted a wilful violation of law warranting his removal from office...»
News organizations» abilities to build trust with sources and gather sensitive information have been called into question by recent disclosures about surveillance: the U.S. Department of Justice's admission that it secretly obtained phone records from the Associated Press, Microsoft's admission that it read a blogger's personal Hotmail account to find a source of an internal leak and criminal investigations that have used email traces to identify and prosecute anonymous sources.
However, the AIA still allows for such a grace period for disclosures by the inventor himself or herself, a joint inventor, or any third party who obtained the invention from them.
By submitting User Materials to or using the Site, you represent that you have the full legal right to provide the User Materials, that such User Materials will not: (a) divulge any protected health information or infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including without limitation as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person or which impersonates another person; (b) violate any law, statute, ordinance, or regulation; (c) be defamatory, libelous or trade libelous, unlawfully threatening, or unlawfully harassing or embarrassing; (d) be obscene, child pornographic, or indecent; (e) violate any community or Internet standard; (f) contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information, or that facilitate or enable such or that are intended to do any of the foregoing; (g) result in product liability, tort, breach of contract, personal injury, death, or property damage; (h) constitute misappropriation of any trade secret or know - how; or (i) constitute disclosure of any confidential information owned by any third partBy submitting User Materials to or using the Site, you represent that you have the full legal right to provide the User Materials, that such User Materials will not: (a) divulge any protected health information or infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including without limitation as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person or which impersonates another person; (b) violate any law, statute, ordinance, or regulation; (c) be defamatory, libelous or trade libelous, unlawfully threatening, or unlawfully harassing or embarrassing; (d) be obscene, child pornographic, or indecent; (e) violate any community or Internet standard; (f) contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information, or that facilitate or enable such or that are intended to do any of the foregoing; (g) result in product liability, tort, breach of contract, personal injury, death, or property damage; (h) constitute misappropriation of any trade secret or know - how; or (i) constitute disclosure of any confidential information owned by any third partby any third party.
The application of these provisions, disclosures and disclaimers and all other matters arising from your use of this website or of any information you obtain from EricBakker.com shall be governed by the laws of New Zealand.
By accepting this Privacy Policy, you agree that, with respect to other members» personally identifiable information that you obtain through the Services, Spark Networks hereby grants to you a license to use such information only for: (a) Spark Networks related communications that are not unsolicited commercial messages, and (b) any other purpose to which such member expressly agrees after complete disclosure of the purpose.
The disclosure — revealed in leaked cabinet letters obtained by the BBC — shows the government lied to schools over its real motive for introducing the troublesome checks, first revealed by Schools Week.
Before a single child's information is turned over to any 3rd party, policymakers should give assurance to parents and educators that no harm will come to Tennessee school children by adopting the following principles: The state and districts should be required to publish any and all existing data sharing agreements in printed and electronic form, and include a thorough explanation of its purpose and provisions, and make it available to parents and local school authorities statewide; The Department of Education should hold hearings throughout the state or testify before the legislature to explain any existing data agreement, and answer questions from the public or their representatives, obtain informed comment, and gauge public reaction; All parents should have the right to be notified of the impending disclosure of their children's data, and provide them with a right to consent or have the right to withhold their children's information from being shared; The state should have to define what rights families or individuals will have to obtain relief if harmed by improper use or release of their child's private information, including how claims can be made; and finally, any legislation must ensure that the privacy interest of public school children and their families are put above the interests of any 3rd Party and its agents and subsidiaries.
In accordance with the current FTC disclosure rules for bloggers and reviewers, the books you see reviewed on the site are either purchased by us or are obtained through NetGalley, Edelweiss, or directly from the author or publisher in an exchange for an honest review.
«The content of a credit report may be formatted differently, but there is no difference in the information if the report is obtained directly from the credit reporting company or provided by a third party credit monitoring service qualified to provide consumer disclosures
When you call Effective Coverage for a new renters insurance policy, you'll hear a disclosure about credit - based insurance scores, along with a statement that by continuing, consumer reports may be obtained.
At a minimum, the Member soliciting the customer to engage in forex transactions must obtain the information and provide the disclosures required by Compliance Rule 2 - 36 (l).
The official disclosure statements and applicable prospectuses, which contain this and other information about the investment options and underlying investments, can be obtained by contacting your financial professional.
The official disclosure statements and applicable prospectuses — which contain this and other information about the investment options, underlying investments, and investment company — can be obtained by contacting your financial professional.
Under the Code of Ethics, Helene is obligated to maintain and respect the confidentiality of all information obtained from clients; and to refrain from disclosure of information about clients or their pets to others without the client's explicit consent, except as required by law.
The University of California has a privacy policy that says «An electronic communications holder's consent shall be obtained by the University prior to any access for the purpose of examination or disclosure of the contents of University electronic communications records in the holder's possession, except as provided for below» — where the exceptions are for things like subpoenas, emergencies and so on.
, according to financial disclosure documents obtained by DeSmogBlog.
Documents obtained by Greenpeace include correspondence between George Howard and various representatives of the oil and gas industry during the creation of the first chemical disclosure bill.
In Sharland v Sharland [2015] UKSC 60, [2016] 1 All ER 671 and Gohil v Gohil [2015] UKSC 61, [2016] 1 All ER 685, which were heard at the same time, the Supreme Court had to balance the importance of finality in litigation — in both cases the parties had reached agreement on all matters and had obtained consent orders approved by High Court judges (albeit that the order in Sharland had not been sealed); as against a material failure by a party to comply with their duty of disclosure.
Taylor Wessing refused on three grounds: the documents would not be disclosable under Bahamian law and were protected by privilege under English law; disproportionate effort on their part would be required to inspect the documents; and the purpose of the SAR was to obtain disclosure for the sake of litigation.
After obtaining all disclosure, it was revealed she not properly identified in a photo lineup by other youth witnesses, all charges were then withdrawn.
[16] Thus, the issue is framed — can a defendant or third party who has not obtained a doctor's report by compulsion of a court order, and prior to disclosure of any medical - legal reports by the plaintiff or in the absence of any reports, obtain access to the non-treating doctor's notes and clinical findings, or are said notes and clinical records privileged as forming part of the brief of the plaintiff's solicitor until the time when the plaintiff chooses to rely on the non-treating doctor as a witness at trial and the doctor's notes must be disclosed...
While the disclosure obligations imposed on the Crown make the preliminary inquiry less important as a forum for disclosure of the Crown's case against the accused, the constitutional principle that evidence should be made available to the defence if there is a possibility that non-disclosure will impair the accused's right to make full answer and defence, by extension, would seem to direct the justice presiding at the preliminary inquiry to ensure that the defence is given the widest latitude in obtaining disclosure during the course of the preliminary inquiry.
Your first several appearances are typically not in front of a Judge (depending on the courthouse) but rather in front of a Justice of the Peace and generally can be considered «administrative», mainly consisting of obtaining disclosure, requesting further disclosure (if missing) by the defence and obtaining that further disclosure.
(i) intended activities: eg, disclosure (if appropriate, showing comparative electronic and paper methodology), preparation of witness statements, obtaining experts» reports, mediation or any other steps which are deemed appropriate to the particular case; (ii) identifiable contingencies, eg, specific disclosure application or resisting applications made or threatened by an opponent; and (iii) disbursements, in particular court fees, counsel's fees and any mediator or expert fees.»
The court noted that the SFO was not entitled to disclose any material obtained by it during an investigation except for the purpose of its investigation (which was the original purpose of the disclosure in this case).
If these support orders were obtained by inaccurate financial disclosure or inaccurate factual allegations, a de novo review can remedy this injustice.
• Service Providers: An organization is accountable for commercial electronic marketing performed for the organization by its service providers, and is responsible for ensuring that its service providers obtain appropriate consent for the collection, use and disclosure of personal information for commercial electronic marketing purposes.
Whether the conditions for the making of a disclosure order under the Proceeds of Crime Act 2002 existed or did not exist was essentially a question of fact, the question being whether there were «reasonable grounds for believing» that the material relied upon by the Serious Organised Crime Agency was likely to be of substantial value and that it was in the public interest that the material should be produced or that access to it should be given having regard to: (a) the benefit likely to accrue to the civil recovery investigation if the material was obtained; and (b) the circumstances under which the person concerned had any of the material in his possession, power or control (criteria (a) and (b)-RRB-.
Recognising the balance required to be struck by decision - makers between obtaining relevant information, which may only be available in confidence, and the duty of disclosure in public consultation, Holman J's judgment reveals a number of key principles.
Essentially, these [public disclosure] exceptions allow the inventor, by being the first to publicly disclose the invention, to bar all others from obtaining a patent.
Most notably, regarding third - party applications, the Assistant Commissioner determined that Facebook did not have adequate safeguards in place to prevent unauthorized access by application developers to users» personal information, and furthermore was not doing enough to ensure that meaningful consent was obtained from individuals for the disclosure of their personal information to application developers.
With offshore trusts, there can be difficulty with obtaining disclosure from the trustees or enforcing any order made by the English court.
Attorneys obtained dismissal of a Verified Petition brought by five condominium unit owners against a condominium association seeking to compel pre-suit disclosure of an extensive and onerous volume of records based on possible allegations of...
Defence lawyer Joseph Neuberger extensively reviewed and analyzed the disclosure during the comprehensive defence investigation which included obtaining source documents from various sources, including the family law proceedings, to undermine crucial facts attested to by the complainant.
McInnes Cooper recognizes the importance of obtaining consent where required by law for collection, use and disclosure of your personal information.
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