Sentences with phrase «of pending litigation in»

There was a time that commercial purchasers understood that the availability of a certificate of pending litigation in a case of the purchase of commercial property was virtually nil.

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.

Moreover, we were recently apprised that you engaged in misconduct — including the potential subordination of perjury — in a pending litigation matter and that your misconduct will undermine the Company's position in that case.

Actual results may vary materially from those expressed or implied by forward - looking statements based on a number of factors, including, without limitation: (1) risks related to the consummation of the Merger, including the risks that (a) the Merger may not be consummated within the anticipated time period, or at all, (b) the parties may fail to obtain shareholder approval of the Merger Agreement, (c) the parties may fail to secure the termination or expiration of any waiting period applicable under the HSR Act, (d) other conditions to the consummation of the Merger under the Merger Agreement may not be satisfied, (e) all or part of Arby's financing may not become available, and (f) the significant limitations on remedies contained in the Merger Agreement may limit or entirely prevent BWW from specifically enforcing Arby's obligations under the Merger Agreement or recovering damages for any breach by Arby's; (2) the effects that any termination of the Merger Agreement may have on BWW or its business, including the risks that (a) BWW's stock price may decline significantly if the Merger is not completed, (b) the Merger Agreement may be terminated in circumstances requiring BWW to pay Arby's a termination fee of $ 74 million, or (c) the circumstances of the termination, including the possible imposition of a 12 - month tail period during which the termination fee could be payable upon certain subsequent transactions, may have a chilling effect on alternatives to the Merger; (3) the effects that the announcement or pendency of the Merger may have on BWW and its business, including the risks that as a result (a) BWW's business, operating results or stock price may suffer, (b) BWW's current plans and operations may be disrupted, (c) BWW's ability to retain or recruit key employees may be adversely affected, (d) BWW's business relationships (including, customers, franchisees and suppliers) may be adversely affected, or (e) BWW's management's or employees» attention may be diverted from other important matters; (4) the effect of limitations that the Merger Agreement places on BWW's ability to operate its business, return capital to shareholders or engage in alternative transactions; (5) the nature, cost and outcome of pending and future litigation and other legal proceedings, including any such proceedings related to the Merger and instituted against BWW and others; (6) the risk that the Merger and related transactions may involve unexpected costs, liabilities or delays; (7) other economic, business, competitive, legal, regulatory, and / or tax factors; and (8) other factors described under the heading «Risk Factors» in Part I, Item 1A of BWW's Annual Report on Form 10 - K for the fiscal year ended December 25, 2016, as updated or supplemented by subsequent reports that BWW has filed or files with the SEC.

By the time the final version of the memorandum was released later Friday afternoon, however, there was no mention of a time frame or a directive for the DOL to work with the Justice Department to halt pending litigation over the rule, which was also included in the draft order.

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.

The Department of Health plays no role in approving the transfer of real estate and does not comment on pending litigation,» a Department of Health spokesman said.

The agreement resolves litigation that has been pending for over a year in New Jersey, with a coalition of individuals and advocacy groups seeking to void LG's approval to build a 143 - foot - high corporate headquarters Englewood Cliffs, New Jersey.

In the release the East Hampton Town Board said it «remains confident that it will prevail in the litigation, however, out of respect for the judicial process, the town has agreed to continue to not enforce the local laws pending the Court's decision.&raquIn the release the East Hampton Town Board said it «remains confident that it will prevail in the litigation, however, out of respect for the judicial process, the town has agreed to continue to not enforce the local laws pending the Court's decision.&raquin the litigation, however, out of respect for the judicial process, the town has agreed to continue to not enforce the local laws pending the Court's decision.»

«This is a matter of ongoing litigation and potentially pending litigation and as such we have no comment,» said Michael Deery, spokesman for Hempstead Town, which has paid $ 30 million in utility tax refunds.

For instance, in April 2015, ITLOS ordered a number of provisional measures which forced Ghana to suspend the drilling of new oil and gas wells in the disputed territory, pending the outcome of the litigation.

SAN MARCOS, Calif., March 21, 2016 — Natural Alternatives International, Inc. («NAI»)(NASDAQ: NAII), a leading formulator, manufacturer and marketer of customized nutritional supplements and the supplier of CarnoSyn ® beta - alanine, announced today that it has settled the patent litigation pending in U.S. District Court for the Southern District of Texas between NAI and Woodbolt Distribution, LLC over NAI's beta - alanine patents.

July 14, 2017 — / PR NEWSWIRE / - Ruby Corp. and Ruby Life Inc. (ruby), and a proposed class of plaintiffs, co-led by Dowd & Dowd, P.C., The Driscoll Firm, P.C., and Heninger Garrison Davis, LLC, have reached a proposed settlement agreement resolving the class action lawsuits that were filed beginning July 2015 following a data breach of ruby's computer network and subsequent release of certain personal information of customers of Ashley Madison, an online dating website owned and operated by Ruby Life Inc. (formerly Avid Dating Life Inc.) The lawsuits, alleging inadequate data security practices and misrepresentations regarding Ashley Madison, have been consolidated in a multi-district litigation pending in the United States District Court for the Eastern District of Missouri.

In addition, «[a] preliminary injunction differs from a permanent injunction, as does the factors for its issuance...» The objective of the preliminary injunction is to preserve the status quo [minus the consequences] pending the litigation of the merits.

The issue is bigger than L.A. Unified, said Arun Ramanathan, executive director of Education Trust - West, a nonprofit advocacy group not involved in the pending litigation.

Since Rodriguez, legal challenges have been brought in 44 states, and currently cases are pending in various stages of litigation in as many as 15 states.20

As a result of this agreement, all existing patent litigation between the two companies and withdrawal of pending actions in the United States.

In addition, at any time you or we may ask an appropriate court to compel arbitration of Claims, or to stay the litigation of Claims pending arbitration, even if such Claims are part of a lawsuit, unless a trial has begun or a final judgment has been entered.

Due care must be given to portions relating to main features of the scheme, risk factors and recurring expenses to be charged to the scheme, loads, sponsor's track record, educational qualification and work experience of key personnel including fund managers, performance of other schemes launched by the mutual fund in the past, pending litigations and penalties imposed, etc..

(c) As to transactions entered into after May 20, 1996, a creditor shall have no liability under this chapter for any act or practice done or omitted in conformity with any (i) regulation of the administrator, or (ii) any rule, regulation, interpretation, or approval of any applicable Alabama or federal agency or any opinion of the Attorney General, notwithstanding that after such act or omission has occurred, the regulation, rule, interpretation, opinion, or approval is amended, rescinded, or determined by judicial or other authority to be invalid for any reason; provided, however, that any interpretation or opinion issued after May 20, 1996, shall not have any effect on any litigation pending on May 20, 1996, nor shall any interpretation or opinion issued after May 20, 1996, have any effect on litigation if issued subsequent to filing of the litigation.

Each share of Class A Common Stock issued and outstanding immediately prior to the Effective Date was converted, as of the Effective Date, into the right to receive $ 3.075 per share, less any required withholding taxes, plus a contingent right to receive an additional pro rata cash amount if RISCORP recovers any amounts in connection with the litigation currently pending against Zenith Insurance Company and Arthur Andersen LLP.

In light of the existence and potential consequences of the pending litigation, the Department has concluded that justice requires it to postpone certain provisions of the final regulations pursuant to the Administrative Procedure Act (APA), pending judicial review.

A pit bull ban means additional animal control workers for identification and enforcement and litigation, sheltering, vet care and other costs of care for restricted breeds that have been impounded and must be held pending hearings; less in licensing fees as owners decline to register restricted breeds for fear of not being able to afford or follow through on restrictions; an increase in restricted breeds in shelters in surrounding communities, less shelter and resources for other animals that are euthanized.

On February 9, 2016, the Supreme Court put a stay on the CPP pending final resolution of litigation in which 27 states and numerous industry and non-profit organizations are petitioning to overturn the rule.

At the time, Quattrone was aware of pending litigation regarding one specific IPO (VA Linux) and that the US Attorney was likely to hand down an indictment centering on how CSFB allocated pre-IPO shares to their best clients in the VA Linux IPO.

Yesterday evening, the Competitive Enterprise Institute's (CEI) Center for Class Action Fairness objected on behalf of a class member to an unfair settlement and an excessive attorneys» fees request in In re Petrobras Securities Litigation, pending before the U.S. District Court for the Southern District of New Yorin In re Petrobras Securities Litigation, pending before the U.S. District Court for the Southern District of New YorIn re Petrobras Securities Litigation, pending before the U.S. District Court for the Southern District of New York.

Lawyers ability to access Facebook information of a party other than their client in pending litigation.

ERMSs are infinitely more complex and therefore can enable one to be much more capable and successful in the committing - without - detection of torts concerning the spoliation of evidence — the intentional or negligent loss and destruction of records in circumstances of pending or probable litigation.

Ms. Eyerly successfully stayed the action in 2012 pending the completion of related State Court litigation.

The Court of Appeal decided that fee totals information in concluded litigation matters might be fair game for production, but concluded that individual billing entries would tend to disclose privileged matters and that fee totals in pending matters would invade the privilege.

In the pending oil spill multidistrict litigation, it represents the state of Louisiana and has a seat on the plaintiffs» executive committee.»

King & Wood Mallesons» (KWM) China arm is in talks to take on large teams of lawyers from the firm's Dubai, Germany, Italy and Spain offices as well as City corporate and litigation teams, with the news coming as former partners have been emailed about potential liabilities they may face relating to the firm's pending January tax bill.

In 2009, I advanced the litigation so that genetic testing has already established the link between the child and the genetic parents, the Garcias, who have now been granted monthly visitation pending the final resolution of the case.

Consultant, Interights: Along with Professor James Crawford SC, I prepared a substantial expert report on matters of public international law in support of pending litigation before the European Court of Human Rights in the case of Baltasar Garzón v Spain.

The mere fact that a document is produced for the purpose of obtaining information or advice in connection with pending or contemplated litigation, or of conducting or aiding in the conduct of such litigation, is not sufficient to found a claim for litigation privilege.

He devotes a considerable portion of his practice to life, health, and disability insurance / ERISA litigation pending in state and federal courts.

It should be noted that the proper claim construction standard for PTAB trial proceedings is a subject of patent reform bills pending in Congress, which would direct the USPTO to apply the same standard as that used in federal court litigation.

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.

As you may know, Quicklegal Inc. has been named as a defendant in a lawsuit and all of its bank account funds are currently frozen pending the outcome of the litigation.

In addition to the New Orleans litigation, indigent defense lawsuits are pending in the Idaho Supreme Court; Fresno, California; Luzerne County, Pennsylvania; and the state of UtaIn addition to the New Orleans litigation, indigent defense lawsuits are pending in the Idaho Supreme Court; Fresno, California; Luzerne County, Pennsylvania; and the state of Utain the Idaho Supreme Court; Fresno, California; Luzerne County, Pennsylvania; and the state of Utah.

On May 14, 2010, Judge Mariana R. Pfaelzer of the United States District Court for the Central District of California appointed Cohen Milstein lead counsel in the securities litigation case pending against Countrywide Financial Corporation.

Court documents indicate that in U.S. District Court, District of South Carolina, where federal multidistrict litigation is taking place, at least 2,185 Lipitor cases are pending.

Keesal, Young & Logan serves as counsel to many local, national and multinational concerns in a wide variety of complex business litigation matters pending in federal and state court as well as in arbitration.

These relationships provide us with ready access to government perspectives and often facilitate efficient and timely resolution of problems, whether in the context of a licensure survey, business transaction, litigation, or pending legislation.

In any event, the purchaser sued for specific performance and brought a motion for a certificate of pending litigation.

Represented a major European airline in negotiating a settlement with the plaintiff class action in the air cargo price fixing litigation pending in the Eastern District of New York

Before joining Carr Maloney, Peter served as a law clerk in the Office of the Attorney General of Virginia, where he worked on white - collar criminal litigation and analyzed the impact of pending federal legislation on the Commonwealth.

Member of team responsible for successfully obtaining dismissal of shipowner defendants in hundreds of asbestos litigation cases pending in multi-district litigation based on lack of personal jurisdiction or lack of causation.

U.S. infringers can derail ongoing litigation The flood of IPR filings has also affected litigation: In 60 - 70 per cent of cases where an IPR is filed during ongoing litigation — even if filed shortly before trial — U.S. courts have granted a stay of litigation pending the outcome of the IPR proceeding, which usually lasts 12 - 18 months.

In the end, the principles by which Brown is guided in ultimately exercising his discretion to discharge a certificate of pending litigation to allow the moving party defendant to finance or sell a property in order to raise future legal defence costs — «fair; fast; cost - effective; finality» — are the same principles that are shared, or should be shared, by proponents of ADR and the judiciarIn the end, the principles by which Brown is guided in ultimately exercising his discretion to discharge a certificate of pending litigation to allow the moving party defendant to finance or sell a property in order to raise future legal defence costs — «fair; fast; cost - effective; finality» — are the same principles that are shared, or should be shared, by proponents of ADR and the judiciarin ultimately exercising his discretion to discharge a certificate of pending litigation to allow the moving party defendant to finance or sell a property in order to raise future legal defence costs — «fair; fast; cost - effective; finality» — are the same principles that are shared, or should be shared, by proponents of ADR and the judiciarin order to raise future legal defence costs — «fair; fast; cost - effective; finality» — are the same principles that are shared, or should be shared, by proponents of ADR and the judiciary.