Sentences with phrase «policy interpretation for»

He was also class counsel in the Aks v. Southgate coverage litigation involving policy interpretation for REIT fraud.

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.

Important factors that could cause our actual results and financial condition to differ materially from those indicated in the forward - looking statements include, among others, the following: our ability to successfully and profitably market our products and services; the acceptance of our products and services by patients and healthcare providers; our ability to meet demand for our products and services; the willingness of health insurance companies and other payers to cover Cologuard and adequately reimburse us for our performance of the Cologuard test; the amount and nature of competition from other cancer screening and diagnostic products and services; the effects of the adoption, modification or repeal of any healthcare reform law, rule, order, interpretation or policy; the effects of changes in pricing, coverage and reimbursement for our products and services, including without limitation as a result of the Protecting Access to Medicare Act of 2014; recommendations, guidelines and quality metrics issued by various organizations such as the U.S. Preventive Services Task Force, the American Cancer Society, and the National Committee for Quality Assurance regarding cancer screening or our products and services; our ability to successfully develop new products and services; our success establishing and maintaining collaborative, licensing and supplier arrangements; our ability to maintain regulatory approvals and comply with applicable regulations; and the other risks and uncertainties described in the Risk Factors and in Management's Discussion and Analysis of Financial Condition and Results of Operations sections of our most recently filed Annual Report on Form 10 - K and our subsequently filed Quarterly Reports on Form 10 - Q.

However, the complexity of the policy — the contract wording, its interpretation and its practical applications — can also be a deterrent for smaller insurance buyers.

Courts have made clear for eighty years that they will not review the Fed's decision about monetary policy, including when those decisions require novel interpretations of law.

Although interpretation of earnings data remains difficult, due to methodological differences in the construction of the various measures (for details see Box A, Statement on Monetary Policy, February 2002), the rebound is evident in both national accounts and financial reporting - based estimates.

Tom Minnery, Focus on the Family's senior vice president for government and public policy told CNN that Obama won't get the evangelical vote because «evangelicals are people who take Bible interpretation very seriously, and the sort of speech [Obama] gave shows that he is worlds away in the views of evangelicals.»

Printpack currently has five full - time, corporate - level environmental professionals who are responsible for providing services in the areas of regulatory interpretation, auditing, environmental engineering, environmental data management, permitting, environmental policy development and legislative affairs.

Technical Expert (TX): Designated individual within RA - Cert that serves as the global resource for personnel regarding policies, procedures, interpretations, etc. related to a specific auditing service.

The ACCC has today published its updated Immunity and Cooperation Policy for Cartel Conduct (these replace the ACCC Immunity Policy for Cartel Conduct July 2009 and ACCC Immunity Policy Interpretation Guidelines July 2009).

The time that allowed for adaptation, interpretation and any minor adjustments that are made to the policy is the reason that the HHFKA continues to arise in the news.

As we report in Update, Nestlé is not so keen to engage with our proposals for substantive meetings to discuss the need for it to make changes to its policies and practices, or even to resolve disagreements over interpretation of the marketing requirements.

We want to commend Dr. Bawumia for doing his bit to make this elections about data and facts, and the interpretations and policies that derive from them.

Interpretations of the National Interest have been at the forefront of the debate in an entirely new way for the British, pitching referendum against parliamentary voting, domestic and against foreign policy issues, numerical majorities against political and economic arguments, elites against elites.

I think you have confirmed my interpretation that he is saying, in effect, «Labour policy is okay for an election manifesto but not okay for governing».

The Commission of our Union, together with all the other organs, be they policy or advisory, deserve our commendation for the dedication and professionalism with which they have mobilised the facilities placed at our disposal throughout the period of the 28th Ordinary Session of the Assembly, including the working documents and the transportation, interpretation and protocol services.

@MichaelKingsmill - while what you said is technically true as far as passing laws, how does that have any bearing on policy, which is done via executive orders and interpretation of laws passed by executive branch for actioning?

Jon Ashworth, the shadow minister without portfolio and NEC member, proposed a logical solution: Labour's policy should remain the motion passed by this year's conference, which is open to competing interpretations (most believe the tests set for military action have been met).

These guidance documents provide interpretation for the policies and regulations under the Individuals with Disabilities Education Act and the Rehabilitation Act (IDEA).

Rather than wait for NCES to release the NAEP results objectively, as was the normal and expected procedure, Gore decided to use the occasion to provide his own interpretation of the data - an interpretation that many observers thought was too slanted toward the administration's own policy interests.

The greater significance of the Coleman Report — what makes it a foundational document for education policy research — lies not in any of these interpretations or conclusions, however.

Overall, our evidence suggests that state standards and accountability policies, including state - level interpretations of NCLB requirements, have a modest impact on local behavior and planning for the improvement of teaching and learning.

The following are some of the questions the Office for Drug and Alcohol Policy and Compliance (ODAPC) has received which did not require an interpretation but rather a general response.

«Tate's policy for interpretation is to be open and factual regarding the biography of artists,» it reads.

The IPCC summaries for policy makers are merely a political interpretation of the IPCC's scientific reports.

Regarding «The search is for a robust policy, which is useful regardless of which of the diverging scientific interpretations of the knowledge is correct.»

The search is for a robust policy, which is useful regardless of which of the diverging scientific interpretations of the knowledge is correct.

As policy makers contend with deve - loping responses to climate change and its impacts in Alaska and beyond, it is imperative that the use and interpretation of scientific studies to support policy development minimizes any potential for bias by giving due consideration to the methodsused to estimate temperature change.

The overarching justification for most climate change policies today derives from a political interpretation of Principle 15 (now called the Precautionary Principle) of the United Nations Rio Declaration of 1992, which states: «Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost - effective measures to prevent environmental degradation.»

Then, recently, a think tank called MAPS (Mitigation Action Plans and Scenarios) published this policy paper, which gives their interpretation of the ERF, and we fell into a depression for it seemed our dreams of true climate justice were about to be dashed.

A transdisciplinary team of researchers, extension workers, and policy makers agreed on a common conceptual framework for the interpretation of past droughts and policies.

But for every case where we might find an interpretation that is more persuasive in terms of giving effect to a legislative policy, there is probably at least one in which there are two or more interpretations which are equally compelling.

Justice Matheson, writing for the Court, began her analysis by setting out the well - established principles governing policy interpretation:

-- National Gas Company of Trinidad and Tobago Limited v. Colfire Fire and General Insurance Co Ltd: led by Claire Blanchard Q.C. for the claimant state gas company in US$ 60 million Commercial Court proceedings relating to the insurance of an offshore drilling project on «WELCAR» terms and giving rise to numerous issues of policy interpretation, estoppel and the reasons for the project's failure.

For the reasons given by the Court of Appeal, we are all of the opinion that the exclusion from the insurance policy based on art. 2402 of the Civil Code of Québec may not be set up against the heirs of the insured, as that article must, even in light of s. 34 (1) of the federal Interpretation Act, R.S.C. 1985, c. I - 21, be interpreted having regard to the principles of interpretation that apply in the area of insurance law so as to favour the precision and certainty of the grounds for exclusion in such matteFor the reasons given by the Court of Appeal, we are all of the opinion that the exclusion from the insurance policy based on art. 2402 of the Civil Code of Québec may not be set up against the heirs of the insured, as that article must, even in light of s. 34 (1) of the federal Interpretation Act, R.S.C. 1985, c. I - 21, be interpreted having regard to the principles of interpretation that apply in the area of insurance law so as to favour the precision and certainty of the grounds for exclusion inInterpretation Act, R.S.C. 1985, c. I - 21, be interpreted having regard to the principles of interpretation that apply in the area of insurance law so as to favour the precision and certainty of the grounds for exclusion ininterpretation that apply in the area of insurance law so as to favour the precision and certainty of the grounds for exclusion in such mattefor exclusion in such matters.

Not all inconsistencies can be mitigated through consistent laws and policies for all; institutional culture plays a role in the interpretation and application of those laws and policies.

On the other hand, national policy makers might perceive such a proposed interpretation as a threat for effective enforcement policies in various field.

277.41 A collective agreement between a board and a designated bargaining agent for a teachers» bargaining unit may provide for the final and binding settlement by arbitration, without stoppage of work, of all differences between the parties arising from the interpretation, application, administration or alleged violation of this Part or any regulation, guideline, rule or policy under it, including any question as to whether a matter is arbitrable.

Indeed, Justices LeBel and Cromwell rebuked the tribunal for not having employed legal principles: its decision to adopt a dictionary meaning of «expenses» and to articulate a beneficial policy outcome «led the Tribunal to adopt an unreasonable interpretation of the provisions [in issue].»

For arguments opposing the USCIS redeployment and sustainment interpretations, see American Immigration Lawyers Association Comments on the USCIS Policy Manual Regarding Eligibility Requirements for Regional Centers and Immigrant InvestoFor arguments opposing the USCIS redeployment and sustainment interpretations, see American Immigration Lawyers Association Comments on the USCIS Policy Manual Regarding Eligibility Requirements for Regional Centers and Immigrant Investofor Regional Centers and Immigrant Investors.

An interpretation of the Act that finds employers are obligated to create and maintain a policy by which workers may bring forward complaints of harassment but are nevertheless free to terminate, or otherwise penalize or retaliate against, any worker for having actually made a complaint under that policy is, in my view, untenable.

OTTAWA — The federal government appears to be doing away with a controversial tax policy interpretation that would have seen employees taxed for discounts they get — read more...

Clients also often turn to Brian for written opinions on insurance coverage and policy interpretation issues.

We are adept at not only challenging insurance company interpretations of policy provisions, but convincing insurers that we are prepared to wage a lawsuit for bad faith denial of legitimate claims.

For example, it concedes, in principle, that some questions of bias or procedure might not be questions of general law of central importance to the legal system but rather questions of discretion, policy or interpretation of a decision - maker's home statute to which a deferential approach should be applied.

Select Books and Recent Law Review Articles: • Public Policy in International Economic Law: The ICESCR in Trade, Finance and Investment (Oxford University Press, 2015) • Necessity and National Emergency Clauses: Sovereignty in Modern Treaty Interpretation (Martinus Nijhoff, 2012) • ASEAN Integration and Philippine Treaties (Cambridge University Press, forthcoming in ASEAN Integration through Law Series) • ASEAN Law and Regional Integration: Governance and the Rule of Law in Southeast Asia's Single Market (co-edited with David J. Cohen, Routledge, forthcoming) • International Commercial Arbitration for the Philippine Legal Profession (editor, University of the Philippines IILS Press, forthcoming) • Code of Professional Responsibility (USAID and Philippine Judicial Academy, 2007)

Where there is more than one permissible interpretation of a statutory provision, it is for the statutory decision - maker to choose the interpretation that would best further its policy objectives.

[61] The Defendant's interpretation of Article 24 (a)(iv) of the SISIP Policy... results in the substantial under - compensation of disabled CF members following their release [and]... creates particular hardship for those who are the most in need of their Pension Act benefits because of disabling injuries.

Expounding the theme of the seminar, Prof. Dabiru Sridhar Patnaik, Director, Centre for Post Graduate Legal Studies said, «The seminar is part of the joint programme on Law of Democracy — India: Field Study that covers all the three pillars of Indian Democracy to understand the process of law making, law implementation and interpretation in India and the varied legal and policy challenges that Indian Democracy faces.

By their very nature, policies of insurance are different; a beneficiary may be an insured party to the policy but even a non-contracting beneficiary has a legal interest sufficient to have the policy enforced and to argue for any interpretation that would be open to either of the contracting parties.