Not exact matches
Important factors that could cause actual results to differ materially from those reflected in such forward - looking statements and that should be considered in evaluating our outlook include, but are not limited to, the following: 1) our ability to continue to grow our business and execute our growth strategy, including the timing, execution, and profitability of new and maturing programs; 2) our ability to perform our obligations under our new and maturing
commercial, business aircraft, and military development programs, and the related recurring production; 3) our ability to accurately estimate and manage performance, cost, and revenue under our contracts, including our ability to achieve certain cost reductions with respect to the B787 program; 4) margin pressures and the potential for additional forward losses
on new and maturing programs; 5) our ability to accommodate, and the cost of accommodating, announced increases in the build rates of certain aircraft; 6) the effect
on aircraft demand and build rates of changing customer preferences for business aircraft, including the effect of global economic conditions
on the business aircraft market and expanding conflicts or political unrest in the Middle East or Asia; 7) customer cancellations or deferrals
as a result of global economic uncertainty or otherwise; 8) the effect of economic conditions in the industries and markets in which we operate in the U.S. and globally and any changes therein, including fluctuations in foreign currency exchange rates; 9) the success and timely execution of key milestones such
as the receipt of necessary regulatory approvals, including our ability to obtain in a timely fashion any required regulatory or other third party approvals for the consummation of our announced acquisition of Asco, and customer adherence to their announced schedules; 10) our ability to successfully negotiate, or re-negotiate, future pricing under our supply agreements with Boeing and our other customers; 11) our ability to enter into profitable supply arrangements with additional customers; 12) the ability of all parties to satisfy their performance requirements under existing supply contracts with our two major customers, Boeing and Airbus, and other customers, and the risk of nonpayment by such customers; 13) any adverse impact
on Boeing's and Airbus» production of aircraft resulting from cancellations, deferrals, or reduced orders by their customers or from labor disputes, domestic or international hostilities, or acts of terrorism; 14) any adverse impact
on the demand for air travel or our operations from the outbreak of diseases or epidemic or pandemic outbreaks; 15) our ability to avoid or recover from cyber-based or other security attacks, information technology failures, or other disruptions; 16) returns
on pension plan assets and the impact of future discount rate changes
on pension obligations; 17) our ability to borrow additional funds or refinance debt, including our ability to obtain the debt to finance the purchase price for our announced acquisition of Asco
on favorable terms or at all; 18) competition from
commercial aerospace original equipment manufacturers and other aerostructures suppliers; 19) the effect of governmental laws, such
as U.S. export control laws and U.S. and foreign anti-bribery laws such
as the Foreign Corrupt Practices Act and the United Kingdom Bribery Act, and environmental laws and agency regulations, both in the U.S. and abroad; 20) the effect of changes in tax law, such
as the effect of The Tax Cuts and Jobs Act (the «TCJA») that was enacted
on December 22, 2017, and changes to the interpretations of or guidance related thereto, and the Company's ability to accurately calculate and estimate the effect of such changes; 21) any reduction in our credit ratings; 22) our dependence
on our suppliers,
as well
as the cost and availability of raw materials and purchased components; 23) our ability to recruit and retain a critical mass of highly - skilled employees and our relationships with the unions representing many of our employees; 24) spending by the U.S. and other governments
on defense; 25) the possibility that our cash flows and our credit facility may not be adequate for our additional capital needs or for payment of interest
on, and principal of, our indebtedness; 26) our exposure under our revolving credit facility to higher interest payments should interest rates increase substantially; 27) the effectiveness of any interest rate hedging programs; 28) the effectiveness of our internal control over financial reporting; 29) the outcome or impact of ongoing or future
litigation, claims, and regulatory actions; 30) exposure to potential product liability and warranty claims; 31) our ability to effectively assess, manage and integrate acquisitions that we pursue, including our ability to successfully integrate the Asco business and generate synergies and other cost savings; 32) our ability to consummate our announced acquisition of Asco in a timely matter while avoiding any unexpected costs, charges, expenses, adverse changes to business relationships and other business disruptions for ourselves and Asco
as a result of the acquisition; 33) our ability to continue selling certain receivables through our supplier financing program; 34) the risks of doing business internationally, including fluctuations in foreign current exchange rates, impositions of tariffs or embargoes, compliance with foreign laws, and domestic and foreign government policies; and 35) our ability to complete the proposed accelerated stock repurchase plan, among other things.
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.
On the Republican side,
commercial litigation lawyer Sarmad Khojasteh, a man who
as a young boy fled Iran with his family during the Islamic Revolution to come to America, has created a campaign account to run
as a Republican for the same seat being vacated by George Latimer, who is leaving to become Westchester County executive in January.
Carey Dunne is a partner at Davis Polk focusing
on criminal and regulatory investigations,
as well
as complex
commercial litigation, and is well - known in legal circles.
Prior to his work in finance, Bill was a trial lawyer for the
Commercial Litigation division of the City Solicitor's Office in Philadelphia, and also an associate for Patton Boggs, LLP, in Washington, D.C.. He's also been published in Newsweek and has appeared
as a commentator
on CNN, CNBC, CNBC Europe, MSNBC, and The Today Show
on NBC.
Here are some of the notable highlights: The Canadian Corporate Counsel Association (CCCA), the voice of Canada's in - house counsel, signed
on as Stem Legal's newest client Randy McClanahan of
commercial litigation law firm McClanahan Myers Espey explains why bankruptcy attorneys should work
on a contingency fee basis West Palm Beach criminal... more»
The anonymous blogger describes himself
as a licensed attorney in the State of New York with two Ivy League degrees who, until March 2009, was practicing
commercial litigation at one of the top 10 firms in the U.S. Based
on the 190 layoffs at his firm that he mentions in this post, one can reasonably assume that he was an associate with Latham & Watkins, however briefly.
Elizabeth Collura is a
commercial and corporate
litigation associate with Clark Hill Thorp Reed in Pittsburgh, Pennsylvania, where she counsels clients through business disputes and breakups,
as well
as litigates civil rights cases and counsels clients
on legal issues involving social media.
Mr. Egan focuses
on three main areas of client representation: Franchise and Distributorship advice and
litigation;
Commercial, Business and Technology advice and
litigation;
as well
as Real Estate and Leasing
litigation.
Her practice is focused
on commercial and construction
litigation,
as well
as community association law.
Lex Machina, which started out with a niche focus
on intellectual property
litigation data and has gradually expanded out into securities and antitrust law, has
as part of this latest product development process interviewed
commercial litigators from top law firms and major corporations to better understand their particular analytics use - cases.
He focuses
on international law,
as well
as international
litigation and arbitration,
as well
as commercial arbitration.
He has spent his career
as a litigator, focusing
on representing business clients in
commercial litigation matters, providing a sound defense to insurance defense clients, and zealously representing criminal defendants in state and federal court.
Much of his practice focuses
on large - scale
commercial litigation, often with a significant international element, involving conflicts of law and foreign law systems
as well
as issues of jurisdiction.
His civil practice focuses
on personal injury, product liability, and malpractice,
as well
as commercial and real estate
litigation of all kinds.
Many clients depend
on us to represent them in their full spectrum of business and
commercial litigation as well
as investigations of all kinds.
Later, when I joined Schulte Roth & Zabel, I focused my practice
on representing hedge funds, publicly listed companies, and private clients,
as both subjects and victims in criminal and regulatory investigations
on the state and federal level, and in a variety of state and federal
litigation arising from
commercial and investment disputes, including claims of fraud, securities class actions, and derivative actions.
Crain focuses his practice
on complex
commercial litigation, representing clients in such industries
as media, sports and entertainment, food and beverage, manufacturing.
Jane Kim focuses
on bankruptcy and restructuring law,
as well
as bankruptcy and general
commercial litigation.
In addition to serving
as managing partner, Shuford maintained an active practice at Lightfoot, focusing
on toxic tort, complex
commercial, class action and mass tort
litigation throughout the Southeast.
Further,
as part of his fraud practice, David has often been instructed
on cases involving alleged fraud in the maritime sector, most notably the major Fiona Trust
litigation referred to in the Civil Fraud and Commercial Litigation secti
litigation referred to in the Civil Fraud and
Commercial Litigation secti
Litigation sections above.
Amy began her legal career
as a
commercial litigation associate, focusing
on healthcare and intellectual property law.
John focuses
on all aspects of securities
litigation and regulatory matters,
as well
as general corporate and
commercial litigation.
Kelsey's practice focuses primarily
on civil
litigation, including defense of personal injury and product liability claims
as well
as representation in real property and
commercial disputes.
I suspect that an ideal focus would be
on such fields
as, for example, international trade and transport, international
commercial contracts,
litigation and arbitration, banking, finance and accounting, corporate,
commercial and business matters, takeovers and mergers, communications, technology and intellectual property, international construction and property and international and offshore tax strategy.
Selected eleven times consecutively
as a «Rising Star» by Texas Monthly and Texas Super Lawyers magazine, Drew focuses his practice primarily
on class action / mass tort (both plaintiff and defense) and complex
commercial litigation disputes.
He speaks with Lawyer Monthly about
commercial litigation, the development of South Africa,
as well
as touching
on another area to which he is an expert in: sports law and how athletes should handle doping offences.
The firm has concentrated
on areas of law such
as litigation, real estate, corporate and
commercial.
Andrew Loewenstein is a partner with the firm's International
Litigation and Arbitration Department, where he focuses
on public international law
as well
as investor - state and international
commercial disputes.
On November 01, 2017, former King & Spalding Head of
Litigation and Arbitration in Moscow Ilia Rachkov joined Nektorov, Saveliev & Partners
as a partner to strengthen the firm's dispute settlement,
commercial arbitration, and international trade practices.
Recent cases include: Axiom
Litigation Financing Fund (acting for the «receiver / liquidator» of a Caymans Islands fund: # 110m dispute); Frauntled Management Limited v Featherwood ($ 13m investment dispute before the BVI Court of Appeal); BBX Capital Asset Management v Royal Bank of Canada & Ors ($ 30m Cayman dispute relating to transaction to defraud creditors / sham trusts); Trinity Management Group Ltd v Burke Consolidated Ltd (s. 184I / s.175 BVI dispute); Maruti Holdings PTE Limited v Sinclair Strategies Limited (BVI jurisdictional challenge); QVT Fund & Ors v China Zenix Auto International Limited (s. 184I and s184C BVI dispute: interim injunction) In addition, the international nature of
commercial fraud often results in Paul advising in relation to proceedings before off - shore courts such
as in VTB v Nutritek (advised
on interim relief in Cayman Islands and maintenance of BVI injunction in light of UK Supreme Court decisions) and in other off - shore jurisdictions such
as Jersey, Guernsey and Nevis.
His civil
litigation practice focuses
on class action securities
litigation and cross-border matters,
as well
as M&A
litigation and
commercial disputes.
At Estrella, LLC, we draw
on the knowledge and experience we have acquired in other practice areas including complex
commercial litigation, corporate law,
commercial law, intellectual property (trademarks and copyrights)
as needed to meet the needs of our insolvency clients.
He focuses his practice
on international
commercial and investment arbitration,
as well
as cross-border
litigations involving asset tracing, debt recovery and fraud
litigation.
He also says the firm's
commercial litigation practice is well placed to capitalize
on an expected spike in activity
as the economic recovery gathers pace.
Robert Barrack dedicates his practice to complex construction and
commercial litigation and appeals, including contractual disputes, professional negligence, surety bond claims, subrogation claims, mechanics» liens, business torts, unfair trade practices, bad faith claims, product liability, and real property disputes,
as well
as construction transactions,
on behalf of businesses, public entities, educational institutions, and individuals.
The program was designed for experienced business lawyers,
as well
as new practitioners, and focused
on common legal problems related to employment and
commercial litigation.
Christu is among the first attorneys designated by The Florida Bar
as Board Certified in Business
Litigation and specializes in complex commercial and business litigation with a particular emphasis on real estate - relate
Litigation and specializes in complex
commercial and business
litigation with a particular emphasis on real estate - relate
litigation with a particular emphasis
on real estate - related matters.
The members of the
litigation group are frequent speakers and authors
on commercial litigation topics and regularly serve
as instructors at educational programs sponsored by continuing legal education associations and various trade groups.
Having spent almost 20 years
as a banking
litigation specialist during which time he led
on test cases such
as the North East Property Buyers Sale and Rent Back in the Supreme Court and, appeared
as advocate in the Court of Appeal
on many occasions, together with advisory roles with the CML and FLA, Richard now heads up the
Commercial Dispute Resolution team in Cardiff.
«You do a lot of
commercial cases like contract disputes,
as well
as class actions, but you can also branch out into white collar work and collaborate with our private client group
on fiduciary
litigation.»
Ms. Starkey is an attorney of twenty five years» experience in the areas of complex
commercial litigation, appellate practice and eDiscovery, including experience with a large AMLAW 200 law firm and work
as a staff attorney
on the Arizona Court of Appeals.
David Hughes has left Dechert to join Stewarts Law
as a partner in the firm's
commercial litigation team,
on 6 June.
Originally heading up the firm's hugely successful
commercial litigation team, Andrew went
on to become managing partner for Howes Percival in the east and has continued to his retirement
as a member of the firm's national board.
Matt is an associate in Taft's
Litigation practice group, where he focuses his practice
on business and
commercial disputes,
as well
as class action defense matters.
His particular expertise is in
commercial and investment treaty arbitration,
as well
as in national and international
litigation, with a particular focus
on cartel damages, product liability, unfair competition, intellectual property (IP) and international distribution matters.
Richard teaches
commercial litigation on the Diploma in Legal Practice at the University of Edinburgh and is regularly asked to speak
on his areas of expertise for training providers such
as the Institute of Chartered Accountants of Scotland, CLT Scotland and MBL.
The Jackson reforms of English
commercial litigation came into force
on 1 April 2013, and
as part of that wholesale review of the funding of
litigation in England and Wales, there has been widespread recognition that
litigation funding promotes access to justice by enabling litigants to manage their exposure to costs.