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.
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.
The Company's fifth segment, Corporate and
Other, includes mining and export / transportation joint ventures, activities associated with certain energy -
related commercial matters, Btu Conversion.»
Chris provides business and corporate advice, including advice
related to sales and acquisitions,
commercial leasing, contracts, real estate conveyance and financing; broad
commercial litigation representation including contracts and
other business disputes,
commercial and residential construction defect claims, religious entity law, advice regarding employment disputes and compliance, including ADA, ADEA, Title VII, Colorado Wage Act, FLSA compliance, and administrative proceedings before EEOC and DORA - Colorado Civil Rights Division; representation in administrative proceedings, C.R.C.P. 106 (a)(4) appeals and interlocutory appeals regarding governmental immunity, defense and pursuit of 42 USC § 1983 actions in federal and state court; representation of public pension funds in litigation and administrative
matters; and appellate practice before the Colorado Court of Appeals, Colorado Supreme Court, and the 10th Circuit.
In his diverse practice, Jeff represents clients in disputes
related to breach of contract, unfair practices under the Federal Trade Commission Act, employment claims, business torts, copyright infringement, trademark infringement, trade secrets misappropriation and
other commercial matters.
Mitchell has represented many international clients in disputes in Hong Kong
relating to corporate insolvency, fraud, email scams, shareholder's disputes, employment
matters, sale of goods and
other contractual disputes, defamation, and a variety of
commercial matters.
Business Development: Brokering various business dealings that further the diversification of Indian economies Developing and accessing
commercial financial programs and services for tribal governments, including tax - exempt offerings and federally - guaranteed housing loans Serving as issuer or underwriter's counsel in tribal bond issuances Ensuring tribal compliance with Bank Secrecy Act and
other federal financial regulatory requirements Handling federal and state income, excise, B&O, property and
other tax
matters for tribes and tribal businesses Chartering tribal business enterprises under tribal, state and federal law Registering and protecting tribal trademarks and copyrights Negotiating franchise agreements for restaurants and retail stores on Indian reservations Custom - tailoring construction contracts for tribes and general contractors Helping secure federal SBA 8 (a) and
other contracting preferences for Indian - owned businesses Facilitating contractual relations between tribes and tribal casinos, and gaming vendors Building tribal workers» compensation and self - insurance programs Government Relations: Handling state and federal regulatory
matters in the areas of tribal gaming, environmental and cultural resources, workers» compensation, taxation, health care and education Negotiating tribal - state gaming compacts and fuel and cigarette compacts, and inter-local land use and law enforcement agreements Advocacy before the Washington State Gambling Commission, Washington Indian Gaming Association and National Indian Gaming Commission Preparing tribal codes and regulations, including tribal court,
commercial, gaming, taxation, energy development, environmental and cultural resources protection, labor & employment, and workers» compensation laws Developing employee handbooks, manuals and personnel policies Advocacy in areas of treaty rights, gaming, jurisdiction, taxation, environmental and cultural resource protection Brokering fee - to - trust and
related real estate and jurisdictional transactions Litigation & Appellate Services: Handling complex Indian law litigation, including
commercial, labor & employment, tax, land use, treaty rights, natural and cultural resource
matters Litigating tribal trust mismanagement claims against the United States, and evaluating tribal and individual property claims under the Indian Claims Limitation Act Defending tribes and tribal insureds from tort claims brought against them in tribal, state and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal rights.
«
commercial dispute» means a dispute between parties
relating to
matters of a
commercial nature, whether contractual or not, such as trade transactions for the supply or exchange of goods or services, distribution agreements,
commercial representation or agency, factoring, leasing, construction of works, consulting, engineering, licensing, investment, financing, banking, insurance, exploitation agreements and concessions, joint ventures,
other forms of industrial or business co-operation or the carriage of goods or passengers; («différend
commercial»)
Our seasoned Fort Lauderdale and Boca Raton real estate attorneys have extensive experience representing banks and
other lenders, investors, developers, builders, buyers and sellers, and landlords and tenants in all types of
commercial and residential real estate
matters relating to the purchase, sale, financing, development, lease and
other use of real property.
Ms. Baum has experience in a range of complex
commercial and civil litigation
matters, including contract enforcement, tort claims, employment issues, alter ego and fraudulent transfer claims, construction defects, corporate ownership disputes, family law, appeals, temporary restraining orders / preliminary injunctions, and
other related issues.
I am a CMC Registered Mediator which means that I've been conferred registration by the Civil Mediation Council, the recognised authority in the United Kingdom for all
matters related to civil,
commercial, workplace and
other non-family mediation.
His team advises on leasehold enfranchisement, rent and service charge recovery, residential and
commercial possession proceedings and a variety of
other types of litigation, including the recovery of estate agents» fees and property -
related matters.
Barry Janay, Esq. represents emerging businesses in
matters relating to
commercial litigation, intellectual property infringement
matters and
other intellectual property litigation (including misappropriation of confidential and trade secret information), employment and labor law, collections, defamation, privacy and media law litigation
matters.
In addition to our nationwide litigation experience representing businesses in sophisticated contract, construction and employment
matters, we have successfully represented municipalities,
other public entities, insurance carriers, their insureds, and private clients in many
other areas of law, including legal and accounting professional liability, medical malpractice, construction defects and
related surety and performance bond issues,
commercial litigation, employment discrimination (L.A.D. and A.D.A.), products liability, Civil Rights § § 1983 and 1985 and
other Constitutional claims, environmental and general insurance coverage, E.R.I.S.A., first party C.E.R.C.L.A. and I.S.R.A. actions and general negligence.
Richard has reviewed and negotiated multimillion dollar solicitations, proposals, equitable adjustments, terminations, and
other related government acquisition and
commercial - based contract
matters with a number of government agencies and subcontractor / vendors.
We also regularly advise public authorities on their
commercial contracts with suppliers and
others, including
matters relating to our pre-eminent public procurement practice.