Sentences with phrase «other than litigation»

Get legal advice from a lawyer who offers and supports options other than litigation.

Alternative dispute resolution is the name given to various vehicles for resolving disputes other than litigation (using the court process).

If the disclosure is pursuant to a satisfactory assurance from the party seeking the disclosure, at least a good faith attempt has been made to notify the individual in writing of the disclosure before it is made or the parties have sought a qualified protective order that prohibits them from using or disclosing the protected health information for any purpose other than the litigation or proceeding for which the information was requested and that the information will be returned to the covered entity or destroyed at the end of the litigation or the proceeding.

Reluctance of counsel to schedule an early trial or to discuss settlement: In legal work other than litigation, the equivalent would be a reluctance to meet with the other side to conclude negotiations or endless rounds of tiny changes to documents (thereby postponing signing).

Although we advise our clients of potential solutions other than litigation, sometimes litigation is the best or only option.

Very often, the best advice is a solution other than litigation.

At the Mediation and Collaborative Law Offices of Rosemarie McElhaney, located in Anaheim Hills and Tustin, I work with couples who want to resolve divorce and family law matters through means other than litigation.

While the Federal Court held that the Memo was subject to solicitor - client privilege, that Abacus and IGGillis had a common interest with respect to the subject matter of the Memo (i.e., reduction of tax and completion of the transactions), and that transactional common interest privilege is widely recognized in Canada, the Federal Court concluded that common interest privilege is not valid in circumstances other than litigation.

It would also include experts retained by a non-party to the litigation (for example, statutory accident benefits («SABS») insurers), who form opinions based on personal observations or examinations relating to the subject matter of the litigation for a purpose other than the litigation (referred to in these reasons as «non-party experts»).

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.

Deutsche Bank has spent more than $ 17 billion paying fines and settling litigation since the start of 2008, according to company filings and other disclosures compiled by Bloomberg.

This one is a bit more technical than the others, since it deals with the procedural requirements for patent litigation trials.

Apple described it as a «patent troll with no active business other than patent litigation», which had previously demanded payment from «everyone from truckers and farmers to roofers and dairies... Apple invents products that revolutionise industries, and relies upon the US patent system to protect our innovation.»

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.

«As much as Google appears to loathe playing the patent game, spending money to prevent litigation rather than innovating, it may have come to realize that it has no other alternative,» Greene wrote.

These risks and uncertainties include food safety and food - borne illness concerns; litigation; unfavorable publicity; federal, state and local regulation of our business including health care reform, labor and insurance costs; technology failures; failure to execute a business continuity plan following a disaster; health concerns including virus outbreaks; the intensely competitive nature of the restaurant industry; factors impacting our ability to drive sales growth; the impact of indebtedness we incurred in the RARE acquisition; our plans to expand our newer brands like Bahama Breeze and Seasons 52; our ability to successfully integrate Eddie V's restaurant operations; a lack of suitable new restaurant locations; higher - than - anticipated costs to open, close or remodel restaurants; increased advertising and marketing costs; a failure to develop and recruit effective leaders; the price and availability of key food products and utilities; shortages or interruptions in the delivery of food and other products; volatility in the market value of derivatives; general macroeconomic factors, including unemployment and interest rates; disruptions in the financial markets; risk of doing business with franchisees and vendors in foreign markets; failure to protect our service marks or other intellectual property; a possible impairment in the carrying value of our goodwill or other intangible assets; a failure of our internal controls over financial reporting or changes in accounting standards; and other factors and uncertainties discussed from time to time in reports filed by Darden with the Securities and Exchange Commission.

In a letter warning Vantage of impending litigation, Mr. Cuomo's office contended that Vantage, which has bought more than 125 buildings in Queens, Harlem and other areas since 2006, had engaged in a «systemic pattern of harassment» to generate significant tenant turnover.

While this is not an unreasonably short standard compared to similar laws in New York or Germany, my research on administrative litigation in China (based on 178 interviews) suggests that this simple limitation derails more cases against the Chinese state than any other factor.

Many factors may cause differences between current expectations and actual results including unexpected safety or efficacy data observed during preclinical or clinical studies, clinical trial site activation or enrollment rates that are lower than expected, changes in expected or existing competition, changes in the regulatory environment, failure of Syndax's collaborators to support or advance collaborations or product candidates and unexpected litigation or other disputes.

In any action or administrative proceeding commenced pursuant to this Act, the court or agency, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee, including litigation expenses, and costs, and the United States shall be liable for the foregoing the same as a private individual.

Such statements reflect the current views of Barnes & Noble with respect to future events, the outcome of which is subject to certain risks, including, among others, the general economic environment and consumer spending patterns, decreased consumer demand for Barnes & Noble's products, low growth or declining sales and net income due to various factors, possible disruptions in Barnes & Noble's computer systems, telephone systems or supply chain, possible risks associated with data privacy, information security and intellectual property, possible work stoppages or increases in labor costs, possible increases in shipping rates or interruptions in shipping service, effects of competition, possible risks that inventory in channels of distribution may be larger than able to be sold, possible risks associated with changes in the strategic direction of the device business, including possible reduction in sales of content, accessories and other merchandise and other adverse financial impacts, possible risk that component parts will be rendered obsolete or otherwise not be able to be effectively utilized in devices to be sold, possible risk that financial and operational forecasts and projections are not achieved, possible risk that returns from consumers or channels of distribution may be greater than estimated, the risk that digital sales growth is less than expectations and the risk that it does not exceed the rate of investment spend, higher - than - anticipated store closing or relocation costs, higher interest rates, the performance of Barnes & Noble's online, digital and other initiatives, the success of Barnes & Noble's strategic investments, unanticipated increases in merchandise, component or occupancy costs, unanticipated adverse litigation results or effects, product and component shortages, the potential adverse impact on the Company's businesses resulting from the Company's prior reviews of strategic alternatives and the potential separation of the Company's businesses, the risk that the transactions with Microsoft and Pearson do not achieve the expected benefits for the parties or impose costs on the Company in excess of what the Company anticipates, including the risk that NOOK Media's applications are not commercially successful or that the expected distribution of those applications is not achieved, risks associated with the international expansion contemplated by the relationship with Microsoft, including that it is not successful or is delayed, the risk that NOOK Media is not able to perform its obligations under the Microsoft and Pearson commercial agreements and the consequences thereof, risks associated with the restatement contained in, the delayed filing of, and the material weakness in internal controls described in Barnes & Noble's Annual Report on Form 10 - K for the fiscal year ended April 27, 2013, risks associated with the SEC investigation disclosed in the quarterly report on Form 10 - Q for the fiscal quarter ended October 26, 2013, risks associated with the ongoing efforts to rationalize the NOOK business and the expected costs and benefits of such efforts and associated risks and other factors which may be outside of Barnes & Noble's control, including those factors discussed in detail in Item 1A, «Risk Factors,» in Barnes & Noble's Annual Report on Form 10 - K for the fiscal year ended April 27, 2013, and in Barnes & Noble's other filings made hereafter from time to time with the SEC.

Such statements reflect the current views of Barnes & Noble with respect to future events, the outcome of which is subject to certain risks, including, among others, the effect of the proposed separation of NOOK Media, the general economic environment and consumer spending patterns, decreased consumer demand for Barnes & Noble's products, low growth or declining sales and net income due to various factors, possible disruptions in Barnes & Noble's computer systems, telephone systems or supply chain, possible risks associated with data privacy, information security and intellectual property, possible work stoppages or increases in labor costs, possible increases in shipping rates or interruptions in shipping service, effects of competition, possible risks that inventory in channels of distribution may be larger than able to be sold, possible risks associated with changes in the strategic direction of the device business, including possible reduction in sales of content, accessories and other merchandise and other adverse financial impacts, possible risk that component parts will be rendered obsolete or otherwise not be able to be effectively utilized in devices to be sold, possible risk that financial and operational forecasts and projections are not achieved, possible risk that returns from consumers or channels of distribution may be greater than estimated, the risk that digital sales growth is less than expectations and the risk that it does not exceed the rate of investment spend, higher - than - anticipated store closing or relocation costs, higher interest rates, the performance of Barnes & Noble's online, digital and other initiatives, the success of Barnes & Noble's strategic investments, unanticipated increases in merchandise, component or occupancy costs, unanticipated adverse litigation results or effects, product and component shortages, risks associated with the commercial agreement with Samsung, the potential adverse impact on the Company's businesses resulting from the Company's prior reviews of strategic alternatives and the potential separation of the Company's businesses (including with respect to the timing of the completion thereof), the risk that the transactions with Pearson and Samsung do not achieve the expected benefits for the parties or impose costs on the Company in excess of what the Company anticipates, including the risk that NOOK Media's applications are not commercially successful or that the expected distribution of those applications is not achieved, risks associated with the international expansion previously undertaken, including any risks associated with a reduction of international operations following termination of the Microsoft commercial agreement, the risk that NOOK Media is not able to perform its obligations under the Pearson and Samsung commercial agreements and the consequences thereof, the risks associated with the termination of Microsoft commercial agreement, including potential customer losses, risks associated with the restatement contained in, the delayed filing of, and the material weakness in internal controls described in Barnes & Noble's Annual Report on Form 10 - K for the fiscal year ended April 27, 2013, risks associated with the SEC investigation disclosed in the quarterly report on Form 10 - Q for the fiscal quarter ended October 26, 2013, risks associated with the ongoing efforts to rationalize the NOOK business and the expected costs and benefits of such efforts and associated risks and other factors which may be outside of Barnes & Noble's control, including those factors discussed in detail in Item 1A, «Risk Factors,» in Barnes & Noble's Annual Report on Form 10 - K for the fiscal year ended May 3, 2014, and in Barnes & Noble's other filings made hereafter from time to time with the SEC.

Such statements reflect the current views of Barnes & Noble with respect to future events, the outcome of which is subject to certain risks, including, among others, the general economic environment and consumer spending patterns, decreased consumer demand for Barnes & Noble's products, low growth or declining sales and net income due to various factors, including store closings, higher - than - anticipated or increasing costs, including with respect to store closings, relocation, occupancy (including in connection with lease renewals) and labor costs, the effects of competition, the risk of insufficient access to financing to implement future business initiatives, risks associated with data privacy and information security, risks associated with Barnes & Noble's supply chain, including possible delays and disruptions and increases in shipping rates, various risks associated with the digital business, including the possible loss of customers, declines in digital content sales, risks and costs associated with ongoing efforts to rationalize the digital business and the digital business not being able to perform its obligations under the Samsung commercial agreement and the consequences thereof, the risk that financial and operational forecasts and projections are not achieved, the performance of Barnes & Noble's initiatives including but not limited to its new store concept and e-commerce initiatives, unanticipated adverse litigation results or effects, potential infringement of Barnes & Noble's intellectual property by third parties or by Barnes & Noble of the intellectual property of third parties, and other factors, including those factors discussed in detail in Item 1A, «Risk Factors,» in Barnes & Noble's Annual Report on Form 10 - K for the fiscal year ended April 30, 2016, and in Barnes & Noble's other filings made hereafter from time to time with the SEC.

In accordance with the safe harbor provisions of the Private Securities Litigation Reform Act of 1995, the publisher notes that statements contained herein that look forward in time, which include other than historical information, involve risks and uncertainties that may affect the company's actual results of operations.

Statements in this press release, other than historical information, may be «forward - looking» in nature within the meaning of the Private Securities Litigation Reform Act of 1995 and are subject to various risks, uncertainties and assumptions.

In accordance with the safe harbor provisions of the Private Securities Litigation Reform Act, statements contained herein that look forward in time, which include everything other than historical information, involve risks and uncertainties.

According to the President, the program had reduced air pollution more than all other programs under the Clean Air Act combined, actual reductions were more than the law required, and compliance was virtually 100 % without the need for litigation.

And as of 2009, Exxon had paid only $ 383 million of this $ 507.5 million to those who sued, stalling on the rest and fighting the $ 500 million in interest owed to fishermen and other small businesses from more than 12 years of litigation.

(5) inter-agency or intra-agency memorandums or letters which would not be available by law to a party other than an agency in litigation with the agency; [the courts have construed this exemption to apply only to documents that are normally privileged in the civil discovery context]

Statements about BlueFire Ethanol, Inc.'s expectations, including future revenues and earnings, and all other statements in this press release other than historical facts are «forward - looking statements» within the meaning of section 27A of the Securities Act of 1933, Section 21E of the Securities Exchange Act of 1934, and as the term is defined in the Private Litigation Reform Act of 1995.

More than Michael Douglas, Jane Fonda, Mike Nichols, Ralph Nader, or Jackson Browne, I think he wielded a greater leadership than any single other being, to the movement which arrested the construction of the second hundred generating plants in the US, and sent that entire generation of engineers into pre-mature retirement, or to careers sidelined to litigation support.

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

Litigation for ordinary people has not seen material productivity gains other than legal research, especially CanLii.

Yet while the law of solicitor - client privilege and litigation privilege has significantly evolved, the conduct rules have not changed in response other than to add a transferring lawyer rule [ii].

The Court also specified that the order must provide supervising counsel with the ability to authorize the Appellant to direct correspondence to a lawyer in the Civil Litigation branch other than the one named in the order.

(Note: does this remind anyone other than me of the «cats don't talk» litigation from earlier this week?)

For more than 25 years, the firm has successfully represented sovereign states in disputes with other states, and has extensive experience in litigation before the International Court of Justice in The Hague.

When I was practicing at the big firm I used to be jealous of my compatriots who did a lot of travel and took depositions, because their hours billed sitting on an airplane, reading a magazine were just as good as my hours billed reading cases on Westlaw and actually drafting, and I did a lot more that kind of thing and it's hard to achieve the same level of billable hours doing what I do than it is in other areas like just regular litigation.

If we are confronted with an aggressive attorney on the other side of the case we will shield our client from confrontations with that attorney, increase our own «continuum of force» as necessary and be very tactical on getting your case before a mediator or simply control the litigation by moving tactically faster than the other attorney with arguments that are compelling to win your case.

The deals we were on completed, litigation continued and where we needed help other firms were very helpful, suggesting we do deals at their offices rather than ours.

John F. Costa has represented hospitals, physicians and other healthcare professionals for more than thirty years in litigation and regulatory matters.

So what better way to keep himself busy than the other American pastime, litigation.

With more than 750 lawyers, intellectual property agents and other professionals in Calgary, Montreal, Ottawa, Toronto, Vancouver and Waterloo Region, clients turn to us for assistance with their legal needs, from major litigation to corporate finance and patent registration.

Levinson alleges that Stephen Jonas, Wilmer's chair of the investigations and criminal litigation group was «trying to get rid of» her, choosing to replace her with «someone other than Ms. Levinson who actually had a «future at the firm.»»

Collaborative Family Law is a method of resolving disputes whereby the attorneys for both parties, as well as the parties themselves, agree to assist each other in resolving conflicts and reaching agreement using cooperative strategies rather than adversarial techniques and litigation.

Perhaps that's why IP litigation is requesting more financing than any other legal sector (according to a recent Burford Capital survey).

IP Litigation requests Litigation Finance more than any other legal sector, and it's not hard to see why.

It is hoped that, with this in place, disputes may be resolved other than through litigation because the parents will be benefiting from early, independent legal advice regarding the strength of the local authority case and the alternatives to litigation.

It is widely acknowledged that the interpretation of health and safety regulation has become confusing and can produce unnecessary bureaucracy around risk assessments, which may in turn lead to an unjustified but nevertheless very real fear of litigation — especially among small and medium - sized businesses, where actual risks may be lower than in other sectors.

In many investigations this will be impossible to achieve — companies will be unable to assess the prospects of future litigation without conducting interviews or instructing experts, which means that this work is necessarily conducted for a purpose other than its use in potential future litigation.