Sentences with phrase «protected by litigation»

We now understand that confidential communications with third parties for the dominant purpose of litigation are generally protected by litigation privilege but not by solicitor - client privilege [ii].

In order for communication to be protected by litigation privilege, there must be current litigation or a reasonable contemplation of litigation and the dominant purpose of the communication must be for use in the current or contemplated litigation.

Whether a communication is protected by litigation privilege is a question of fact.

ICBC opposed arguing there were further steps the witness could have taken through the Freedom of Information process and further that the statement was protected by litigation privilege.

In Alberta v. Suncor Energy Inc, 2016 ABQB 264, certain documents and records created or collected during an accident investigation were protected by litigation and solicitor - client privilege where legal counsel made decisions with respect to the accident investigation within hours of the event.

One issue that may arise in practice is as to whether documents created pursuant to an internal investigation to determine whether an entity must self - report a breach of the law are protected by litigation privilege.

Not exact matches

Experts say that small and mid-sized businesses can craft employee manuals that both protect them from litigation and put staff members at ease by spelling out in positive terms the company's policies.

To deal with trolls» propensity to target small businesses, the administration wants new legislation that will «protect off - the - shelf use by consumers and businesses» from frivolous patent litigation.

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.

Churches would be in a stronger legal position if they were to stop conducting weddings altogether: «Churches might indeed better protect themselves against the possibility of any such litigation by deciding not to provide marriage services at all, since there could be no complaint then of discrimination in their provision of services as between same - sex and opposite - sex couples.»

By casting the issues in the absolute terms of constitutionally protected rights, such litigation encourages a hardening of positions on both sides.

You agree to defend, indemnify, and hold harmless the Action Network Group and its affiliates and their officers, directors, employees, consultants, agents, licensors, and suppliers from and against any and all claims, losses, expenses, liabilities, settlements, litigation, damages, and / or costs (including, but not limited to, fees, costs and other expenses of attorneys and expert witnesses) arising out of or related to: (i) your use of the Site, including, but not limited to, any Materials or User Content, (ii) any violation of these Terms of Use or applicable law by you in connection with your use of the Site, including, but not limited to, any Materials or User Content, (iii) any actual or alleged infringement by you, or any person accessing the Site, including, but not limited to, any Materials or User Content, using your password or account identifier, of any intellectual property or privacy or other right of any third party, or (iv) any unauthorized use of password protected Materials or User Content utilizing your account information, whether or not known or authorized by you.

Therefore if Trump or some person close to Trump engaged Cohen as a «fixer», tasked with persuading or coercing certain parties into concealing reports of some embarrassing debauch or unlawful deed, (via threats of litigation or by providing hush money then drafting possibly unactionable NDAs, or maybe via other even more unorthodox methods), such fixitious communications would not be protected.

The Hill International, Inc. logo is available at http://www.globenewswire.com/newsroom/prs/?pkgid=5733 Certain statements contained in this press release may be considered «forward - looking statements» within the meaning of the Private Securities Litigation Reform Act of 1995, and it is our intent that any such statements be protected by the safe harbor created thereby.

In a dissenting opinion, they accused the court of imposing «its own bare policy preferences» to protect vaccine manufacturers and said it was important for companies to be pushed, at times by litigation, to improve on existing vaccines.

Certain statements contained in this press release are considered «forward - looking statements» within the meaning of the Private Securities Litigation Reform Act of 1995, and it is deCODE's and Illumina's intent that such statements be protected by the safe harbor created thereby.

New Jersey has been ordered to restore funds for urban schools, while in Florida a class action brought by the state's teachers union seeks to protect state employee pensions from the budget knife, a fresh field of litigation.

A more tantalizing target of NCLB litigation has been a provision, dating from the mid-1990s and authored by Republicans who were trying to protect state governments from unfunded mandates, that says, «Nothing in this act shall be construed to... mandate a state or any subdivision thereof to spend any funds or incur any costs not paid for under this act.»

On April 30, it will become mandatory for most residential landlords to use a 13 - page standardized lease agreement, recently unveiled by the provincial government in hopes of protecting tenants from being tricked by lengthy agreements rife with illegal clauses and language that is hard to understand and often winds up in litigation.

The district court held that the claims were time barred and, alternatively, that the fund board's refusal to pursue plaintiffs» litigation demand was protected by the business judgment rule.

[18] To the extent the doctrine of champerty and maintenance remains relevant in Canadian common law, even as means of protecting the courts and vulnerable litigants against abuses, its purpose is not and was never intended to be achieved by conferring on the courts the discretion to inquire into and approve or disapprove of a plaintiff's funding arrangements as a condition precedent to instituting or pursuing litigation.

Taylor Wessing refused on three grounds: the documents would not be disclosable under Bahamian law and were protected by privilege under English law; disproportionate effort on their part would be required to inspect the documents; and the purpose of the SAR was to obtain disclosure for the sake of litigation.

Additionally, the work product doctrine in the US protects documents prepared by a lawyer in anticipation of litigation.

0738 (JSM), 2001 WL 1154666, at * 2 (S.D.N.Y. 1 October 2001)(finding certain communications between the investigator, who conducted the internal investigation, and in - house and outside counsel are protected by attorney — client privilege because the investigator received legal advice from counsel under circumstances in which the employee under investigation was an executive and litigation was expected if the employee were terminated).

Reports that contain legal analysis, advice or conclusions, or which are prepared in contemplation of or in connection with litigation, can be protected by legal professional privilege.

Our lawyers have significant experience in assisting our clients protect and develop the full value of their intellectual property by prosecuting and defending copyright and trademark infringement cases, unfair competition actions, Internet and technology disputes, franchise disputes, false advertising claims, litigation concerning trade secrets and restrictive covenants, and other claims relating to intellectual property.

The case was brought by Public Law Project on behalf of IS, a protected party by his litigation friend the Official Solicitor.

The benefits to employers in handling investigations well include increasing the likelihood that the findings of the investigation will be accepted by the parties involved, minimizing the risk of litigation, and protecting the employer's reputation.

This Judgment for the first time signals that litigation privilege will be unlikely to protect that legal work, meaning that genuine attempts by clients to investigate allegations will have to be embarked upon knowing that privilege will not cover whatever is produced.

When parties are threatened by potential litigation, such as citizen suits, our California air lawyers are fully prepared to protect and defend our clients at every point in the legal process.

Communications involving members of staff who have not been expressly tasked with seeking such advice are not protected by legal advice privilege, no matter how senior they are.2 A further point to bear in mind is that legal advice privilege (unlike litigation privilege) does not apply to communications with third parties.

Unless the individual forms part of the client group identified within the employer7 or unless litigation privilege applies, communications with the in - house counsel will not be protected by privilege.

Do we sell to vultures and allow them to influence us with their vulture ethics, or do we protect our profession from vultures by addressing the one area (litigation) that constitutes 99 % of the problem?

Make sure you don't become their next victim — protect your own best interest by contacting a law firm with experience in truck accident injury litigation.

The collaborative process can preserve the co-parenting relationship, protect the children, and can save community assets from being consumed by legal fees and expenses in litigation.

If you are an individual that feels you have been unfairly harassed or discriminated against in the workplace, the firm can aggressively enforce and protect your rights by filing appropriate claims with the state and federal agencies, and thereafter procure appropriate documentation necessary to initiate litigation.

Mr. Gould handles various probate litigation matters, including protecting the interests of adopted children in trusts established by famed book and art collector Henry E. Huntington (58 Cal.

The parents» lawyer, Jay Paul Deratany, was previously in the news for threatening a parasitic lawsuit seeking $ 1 million from Knicks player Antonio Davis because Davis went into the stands to protect his wife from being attacked by an aggressive Chicago fan, even though Davis made no physical contact with anyone; the dispute settled within a week without actual litigation after bad publicity for Deratany's client (the son of a prominent political operative) caused the attorney to backtrack from the million - dollar damage claim.

As a board - certified civil trial lawyer by The Florida Bar Board of Legal Specialization and Education with three decades of complex litigation experience, he has the knowledge and skill to aggressively protect your interests.

«Since the last election, lawyers have been at the forefront of protecting our civil rights by filing litigation, pushing for legal protections, and speaking truth to power against the narrative of «fake news,»» Lisa said.

Our firm's founding attorney, Dana Watts, is a board - certified civil trial lawyer by The Florida Bar Board of Legal Specialization and Education and has more than 30 years of experience protecting the rights and interests of individuals and small - to mid-sized businesses in contract disputes and other complex civil litigation matters.

A sampling of his articles includes: Trespass to Chattel and Unsolicited Bulk Email, Orange County Lawyer, September, 2003, Protecting Views With Municipal Ordinances, California Land Use, April, 2001, A Newsperson's Shield Law: A Primer, Civil Litigation Reporter, August, 1995, Despicable Conduct, Or How Punitive Have Been Damaged, Orange County Lawyer, April, 1988, Software Patents and The On - Sale Bar, The Computer Lawyer, January, 1988, When Can An Attorney Contact The Employee Of A Party Represented By Counsel?

Communications involving members of staff who have not been expressly tasked to seek such advice are not protected by legal advice privilege, no matter how senior they are.2 A further point to bear in mind is that legal advice privilege (unlike litigation privilege) does not apply to communications with third parties.

The decision re-affirms that such documents are not covered by litigation privilege and protected from disclosure unless it is proved that the dominant purpose for their creation was in contemplation of litigation.

A report to be published later this month by researchers at the University of Oxford comes to the conclusion that litigation funding is useful in granting access to justice; the report further addresses the question whether effective regulation is needed within the sector to protect the integrity of all parties.

In an environment complicated by frequent changes in the law, our attorneys» extensive transactional and litigation experience allows us to actively and effectively protect our clients» interests.

Notwithstanding the autonomy from litigation with mediation, it is encouraged that parties be represented by separate counsel to protect the finality of any agreement they ultimately reach.

Keesal, Young & Logan recognizes that professionals have a heightened interest in protecting their hard - earned professional reputations and that such professionals need experienced advocates who inspire confidence so that the professionals can themselves continue to be active and productive in their professions without being overwhelmed by distracting litigation.

Make England and Wales the world leader in litigation funding provision by protecting claimants through the clear stipulation and enforcement of rules of engagement.

Each parent's demonstrated ability to protect the child from the ongoing litigation as demonstrated by not discussing the litigation with the child, not sharing documents or electronic media related to the litigation with the child, and refraining from making negative comments about the other parent to the child; and