Sentences with phrase «of subsequent litigation»

Such policies should be carefully drafted so as not to undermine claims to privilege in respect of investigation documuments in any subsequent legal proceedings In particular, such policies should be careful to allow for the possibility that the reason for conducting an internal investigation might be for the purposes of any subsequent litigation, in addition to any other possible purposes.

Not exact matches

These risks and uncertainties include, among others: the unfavorable outcome of litigation, including so - called «Paragraph IV» litigation and other patent litigation, related to any of our products or products using our proprietary technologies, which may lead to competition from generic drug manufacturers; data from clinical trials may be interpreted by the FDA in different ways than we interpret it; the FDA may not agree with our regulatory approval strategies or components of our filings for our products, including our clinical trial designs, conduct and methodologies and, for ALKS 5461, evidence of efficacy and adequacy of bridging to buprenorphine; clinical development activities may not be completed on time or at all; the results of our clinical development activities may not be positive, or predictive of real - world results or of results in subsequent clinical trials; regulatory submissions may not occur or be submitted in a timely manner; the company and its licensees may not be able to continue to successfully commercialize their products; there may be a reduction in payment rate or reimbursement for the company's products or an increase in the company's financial obligations to governmental payers; the FDA or regulatory authorities outside the U.S. may make adverse decisions regarding the company's products; the company's products may prove difficult to manufacture, be precluded from commercialization by the proprietary rights of third parties, or have unintended side effects, adverse reactions or incidents of misuse; and those risks and uncertainties described under the heading «Risk Factors» in the company's most recent Annual Report on Form 10 - K and in subsequent filings made by the company with the U.S. Securities and Exchange Commission («SEC»), which are available on the SEC's website at www.sec.gov.

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.

Our GAAP diluted EPS guidance does not include the effect of GAAP adjustments triggered by events that may occur subsequent to this press release such as acquisitions, asset impairments, litigation and changes in the fair value of our contingent consideration.

Such risks and uncertainties include, but are not limited to: our ability to achieve our financial, strategic and operational plans or initiatives; our ability to predict and manage medical costs and price effectively and develop and maintain good relationships with physicians, hospitals and other health care providers; the impact of modifications to our operations and processes; our ability to identify potential strategic acquisitions or transactions and realize the expected benefits of such transactions, including with respect to the Merger; the substantial level of government regulation over our business and the potential effects of new laws or regulations or changes in existing laws or regulations; the outcome of litigation, regulatory audits, investigations, actions and / or guaranty fund assessments; uncertainties surrounding participation in government - sponsored programs such as Medicare; the effectiveness and security of our information technology and other business systems; unfavorable industry, economic or political conditions, including foreign currency movements; acts of war, terrorism, natural disasters or pandemics; our ability to obtain shareholder or regulatory approvals required for the Merger or the requirement to accept conditions that could reduce the anticipated benefits of the Merger as a condition to obtaining regulatory approvals; a longer time than anticipated to consummate the proposed Merger; problems regarding the successful integration of the businesses of Express Scripts and Cigna; unexpected costs regarding the proposed Merger; diversion of management's attention from ongoing business operations and opportunities during the pendency of the Merger; potential litigation associated with the proposed Merger; the ability to retain key personnel; the availability of financing, including relating to the proposed Merger; effects on the businesses as a result of uncertainty surrounding the proposed Merger; as well as more specific risks and uncertainties discussed in our most recent report on Form 10 - K and subsequent reports on Forms 10 - Q and 8 - K available on the Investor Relations section of www.cigna.com as well as on Express Scripts» most recent report on Form 10 - K and subsequent reports on Forms 10 - Q and 8 - K available on the Investor Relations section of www.express-scripts.com.

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.

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.

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.

(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.

McConnell's key role in the lead paint litigation in Rhode Island, where ACORN had a significant presence, and his law firm's subsequent participation in the California lead paint case on the side of ACORN and its California law firm contradict his unqualified assurance that neither he nor his firm «had any relationship with ACORN.»

Various investment banks and hedge funds in the defense of fraudulent transfer litigation arising out of the leveraged recapitalization of Boston Generating and its subsequent bankruptcy

Judge Silver expressed her exasperation with Goodyear's conduct by using her inherent authority to award $ 2.7 million in attorney fees and costs as well as ordering Goodyear to file a copy of her order sanctioning its behavior in any subsequent G159 litigation.

a leading European airline in relation to the European Commission and Department of Justice investigation, and subsequent private class action litigation regarding an air cargo cartel

Like Nadia, CoLin follows a pathway to obtaining relevant information; it will then populate a draft letter of complaint; present this for correction; and can build up a bundle of documents for subsequent litigation.

Managing reductions in force for employers of all sizes while avoiding subsequent litigation; and

[49] In the absence of such contemporaneous, reliable, objective records, in subsequent appellate court litigation regarding «ineffective assistance» claims, which may potentially unfold years later, trial counsel is left to try to recall the details of such interactions without the benefit of any type of aide - mémoire, and the appellate court is left to assess the reliability of such recollections without any objective verification.

Part of the team advising (in relation to US litigation argued pursuant to English Law) and representing (High Court, Commercial Court) a major private equity firm (Terra Firma) regarding misrepresentations made by a US investment bank during the sale and financing of a high profile multi-billion pound takeover of a FTSE 100 company and the subsequent pre-pack administration of the acquired company.

In addition, although the Gunn Court noted that state court interpretations of the Patent Act would not be binding on federal courts, [10] final state court judgments determining patent issues, such as validity, infringement, or claim construction, may well be binding on a patentee in subsequent litigation involving the same or related patents.

In the public policy context, the Agent Orange case foretold the subsequent highly publicized and politicized wave of toxic tort litigation.

The app also provides a function to record video and audio of the entire exchange, a feature which could be essential in any subsequent questions or litigation over an unlawful arrest or search.

This is not only to ensure against subsequent employee litigation, but also the safeguarding of confidential information to which he had access.

Employers can rest easy that they are entitled to put genuine offers to employees to settle disputes and retain the protection of the without prejudice rule in subsequent litigation.

In its green paper on Private Redress in Competition, the Commission sought to promote private redress as a method of regulation but in the subsequent white paper it has pulled back from much of what it said initially with the public statement that it had specifically rejected introducing US - style litigation process.

In subsequent litigation the judge held, inter alia, that the claimant was entitled to an indemnity from the defendant in respect of those sums properly sought by HSJ and that the notices served by NCP pursuant to s 17 (2) of LT (C) A 1995 did not comply with s 17.

The long - term impact of this statement will need to observed, to see whether PTAB rulings on factual issues are given preclusive effect in subsequent federal court litigation.

After a successful appeal before the Second Circuit Court of Appeals and subsequent litigation, the client obtained a recover in excess of $ 100 million.

Instructed in litigation in the Technology and Construction Court arising out of an adjudicator's award and subsequent applications for enforcement and injunctive relief.

During that period, Apple could have completed two full subsequent rounds of litigation in Mannheim and Munich, and would only be a few months away from decisions on a third round.

These rules are relevant in circumstances where a party is or may be investigated by the Commission, or indeed any national competition enforcement authority exercising powers on behalf of the Commission, and in subsequent litigation before the Court of Justice of the European Union.

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 thirLitigation, 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 thirLitigation, 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 thirLitigation 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 thirlitigation, trade secrets theft, funding or financial issues, and disputes with vendors, service providers and other third parties.

Co-author, «Litigation of a Tax Exemption Dispute as to One Tax Year Does Not Apply to Subsequent Tax Years,» Fulbright Briefing - Tax, November 6, 2012

Representing a number of international car parts suppliers in various cartel investigations led by the European Commission and the Bundeskartellamt, and defending them against subsequent follow - on damages litigation.

The courts in Connecticut essentially come down on the side of barring subsequent claims of this type that are based on conduct during a litigation proceeding.

Parties will often seek to rely on findings made by the government as the result of an investigation in subsequent civil litigation.

In a case of first impression, the U.S. Court of Appeals for the Federal Circuit has held that a patent owner's statements made in a preliminary statement during an AIA inter partes review (IPR) proceeding may create prosecution disclaimer during subsequent federal court litigation.

Acting for British Vita in relation to its successful immunity application and subsequent defence of litigation arising from the European Commission's decision in relation to polyurethane foam.

Accordingly, companies making an immunity or leniency application and / or facing a competition authority investigation need advisers who can not only effectively advise on the global risks and benefits of making an immunity or leniency application, and defend the investigation, but also prepare the company for any subsequent litigation and how to manage the process strategically from start to finish.

In the subsequent litigation over the mother's estate, the stepsons attempted to use an allegedly altered version of the recording as evidence.

This Order is subsequent and subject to the Group Litigation Order consented to by the Lord Chief Justice of England and Wales on the 10th day of November 2000 and the Order of District Judge Fairclough dated the 24th day of July 2000.

62 «Taking an AXA to Acts of the Scottish Parliament» [2010] 15 J.R. 163 «Towards a Codified Constitution» (2010) Justice Journal 74 (co-author) «Procuring the End of the Promptness Requirement» [2010] 29 C.J.Q. 297 «Practice and Procedure in the New Supreme Court» [2010] 15 J.R. 1 «Anti-Suit Injunctions and Non-Exclusive Jurisdiction Clauses» [2010] 69 C.L.J. 25 «Contracting Out of Homelessness Functions» [2009] 14 J.R. 333 «The Permission Stage and Subsequent Use of Disclosed Material» [2009] 14 J.R. 249 «Arbitration and Litigation after West Tankers» [2009] L.M.C.L.Q. 285 «Bi-Polar Sovereignty Restated» [2009] 68 C.L.J. 361 «Promptness and Judicial Review» [2009] 14 J.R. 113 «A Framework for Fettering» [2009] 14 J.R. 73 «The Continued Rise (and Future Fall?)

All in all these kinds of agreements tend to discourage subsequent litigation and provide for an orderly division of assets if the relationship breaks down.»

Stockholder Litigation, the Delaware Court of Chancery held that a fully informed stockholder vote approving adoption of an equity incentive plan also ratified subsequent equity...

Finally, the good - faith full and early exchange of comprehensive financial information sets the right «tone» for any subsequent litigation: it avoids one spouse having to compel the other to provide disclosure, which would require the court's intervention.

Communications among those in a joint representation can be used in subsequent litigation arising among the group or portions of the group.

Ultimately, from all of the Innovatio submissions and subsequent category winners, the judges chose BMO Financial Group's nomination for how it has revamped its litigation department as «Innovation of the Year.»

After protracted and expensive litigation in Georgia (which began in 2005), and coverage litigation in Toronto (commenced in 2008), the Ontario Court of Appeal determined in February 2013 that coverage was properly considered under a 2002 - 2003 policy issued to Onex and not subsequent policies.

E-mails disclosed by the sons in the subsequent litigation showed that, by expressing concern that Richard was being unduly influenced or lacking in capacity, they were able to obtain details of Richard's affairs, while securing agreement that their communications would be kept a secret from Richard.

It has been interesting to see over the subsequent years how he has taken this subject on and given it some direction in the wider context of civil litigation.

Much will depend on the application of the case in subsequent litigation, and the decision of the Court of Appeal in Sunderland CC v Conn [2008] IRLR 324, [2007] EWCA Civ 1492 suggests a wary approach, insisting on a high threshold before unpleasant and, indeed, wholly unreasonable conduct becomes legally «harassment» of an employee.

Dheenshaw v Gill 2017 BCSC 319 deals with an increasingly commonly litigation problem - the advancement of large sums of parents money to their children and the subsequent determination whether the monies were a gift or a loan when matters go» sideways».