Sentences with phrase «substantial breaches of»

If this is correct (again, I don't think it plausible), then Mann08's authors have engaged in a substantial breach of scientific ethics (viz: «Cargo Cult Science») by citing and quoting Tiljander03 as an authority on the Lake Korttajarvi data series, while failing to note that their paper was departing completely from the cited interpretations.

For example, if the tenant is late paying his rent once, this would not be a substantial breach of the agreement.

However, if the tenant pays his rent late every month, the Court may consider this to be a substantial breach of the tenancy agreement.

Not exact matches

Yahoo general counsel Ronald Bell has resigned after an independent review of two major data breaches found that the «legal team had sufficient information to warrant substantial further inquiry in 2014, and they did not sufficiently pursue it,» according to a Yahoo regulatory filing on Wednesday.

According to the Cisco 2017 Annual Cybersecurity Report (ACR), over one - third of organisations that experienced a breach in 2016 reported substantial customer, opportunity and revenue loss...

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.

Hilton Worldwide is looking into claims of a substantial credit card breach after independent security researcher and journalist Brian Krebs broke the news this weekend.

Peter Hain, Labour MP and former work and pensions secretary, has been found guilty of «serious» and «substantial» breaches of the code on donations.

There is clear indication that primary containment is not intact, and there may also be indication that fuel, that there has been substantial core melt, and possibly even the loud sound in the breach of containment was caused by an ex-vessel fuel situation.»

When a buyer can't get full financing, they risk losing their substantial deposit, or being sued by the seller for breach of contract.

On HDFC Mid cap, the fund currently has substantial holdings in large caps, which in my opinion, is a breach of the asset allocation mandate of being in mid caps for a minimum of 75 %.

The lawsuit also states that» [CIG] utterly failed to follow through on those promises, and thier actions and omissions constitute breaches of contract and copyright infringement and have caused substantial harm to Crytek.»

It's not the threat to the physical environment that is the chief source of concern, but rather that the tests breach a significant barrier on the path leading to deployment, and have a substantial risk of triggering escalation as other nations respond.

@Ernestine Gross To prove that the divestment campaign was a breach of section 45D of the Competition Consumer Act the coal industry would have to prove that the campaign has caused a substantial loss or damage and they would have to be able to separate the effects of the campaign from other factors.

In a blog post discussing the involvement of solicitors in pseudonymous law firms like those alleged to be used by the banks, Richard Moorhead has observed, among other things, that «there is a substantial risk that the solicitors who signed or were involved in the production of the letters have breached their obligation to act with integrity» and that «there is a question over whether Outcome 11.1 (rule 11.1 in effect) has been breached that is solicitors must not, take unfair advantage of third parties [the debtors] in their professional capacity.»

Med Mining v Nusantara: acted as sole counsel in a substantial Commercial Court trial (against leading counsel for both other parties) relating to the activities of a mining company in the Far East, involving contractual claims and alleged fraudulent breaches of fiduciary duty.

Med Mining and Minerals Limited v Nusantara (2015): acted as sole counsel in a substantial Commercial Court trial (against leading counsel for both other parties) relating to the activities of a mining company in the Far East, involving contractual claims and alleged fraudulent breaches of fiduciary duty.

Med Mining and Minerals Limited v Nusantara: acted as sole counsel in a substantial Commercial Court trial (against leading counsel for both other parties) relating to the activities of a mining company in the Far East, involving claims for breach of directors» duties under Indonesian law.

When deciding if you have substantial grounds for a case, a professional malpractice attorney will look at: the doctor - patient relationship; whether or not the doctor made a mistake in diagnosis, treatment or lack of treatment; the connection between the breach of care and the patient's harm; the extent of harm; and the dates the injury, loss or damage occurred or were discovered.

Toronto privacy lawyer Gil Zvulony says McIntosh is a reflection of the limited damages courts are likely to award unless the plaintiff can prove substantial harm from the breach.

The issues are augmented by the often substantial disparity of resources between the company in breach of competition rules, and the victims of anti-competitive conduct.

The organisational failing needs to be a substantial element of the breach and fall at senior management level.

[31] Even without the costly appointment of a corporate monitor pursuant to a DPA, authorities in the United Kingdom are likely to require ongoing involvement and substantial interaction with the company to address the breach or wrongdoing.

He has substantial experience of advocacy in Employment Tribunals, advocating at full hearings in relation to claims of unfair dismissal, discrimination, deductions from wages, breach of contract, TUPE and claims brought under the Working Time Regulations.

As a result, the appeals court ruled that the patent issues raised by Jang's breach of license claim were substantial and triggered «arising under» jurisdiction.

He is regularly instructed in substantial wrongful dismissal claims, typically involving serious allegations of wrongdoing, including dishonesty, and breach of directors» and fiduciary duties and diverting business opportunities.

The Court of Appeal found that the original trial judge did not make an error in applying the test, or in concluding that the breach of contract by the employer did not constitute a «substantial alteration to an essential term of the contract» or «an intention not to be bound by the contract».

Successfully pursued claims for fraud, breach of contract, and unfair and deceptive trade practices and obtained substantial settlement against one of the world's largest private aircraft manufacturers.

Carlyle Capital Corporation v Conway (2011 - 2016)[2013] 2 Lloyd's Rep 179 Instructed on behalf of the liquidators of a collapsed investment fund in substantial claims in the Guernsey Royal Court against the former directors and managing agents of the fund for breach of duty, misfeasance, negligence and wrongful trading.

«The trial judge in that case felt there was a fundamental breach but it went to the court of appeal and the court said no, because even with a litany of complaints the court couldn't find a substantial failure of consideration under the contract because the franchises still had the right to use the mark, the system and the brand,» she says.

Amanda Pinto QC, a tenant at 5 Paper Buildings and co-author of Corporate Criminal Liability, questions why the authority has chosen to deal with substantial offences, such as fraud and misleading conduct, as breaches of regulations rather than crimes.

Ultimately, this was a substantial and serious breach, without any real excuse and the conduct of the defendant has already «undermined the conduct of litigation».

Now, a corporation is liable «if the way in which its activities are managed or organized by its senior management is a substantial element in the breach» of the duty of care.

David Smith, deputy information commissioner, says: «The prospect of substantial fines for deliberate or reckless breaches of the data protection principles will act as a strong deterrent and help ensure organisations take their data protection obligations more seriously.»

A breach may be established simply by showing the existence of substantial grounds for believing that the individual in question would face a real risk of being subjected to treatment contrary to Article 3 if sent to the receiving state.

A key and distinguishing element of the corporate manslaughter offence is that it has to be proved that the senior management played a substantial part in the breach; this is often difficult if the senior management are removed from the day to day operation of the company.

Successfully pursued claims for breach of contract and unfair and deceptive trade practices and obtained substantial settlement against one of the world's largest private aircraft manufacturers.

The obvious difficulty with the doctrine of fundamental breach is determining how substantial a breach must be before it is considered «fundamental».

The Corporate Manslaughter and Corporate Homicide Act 2007 Instead of requiring a grossly negligent «act or omission» on the part of the «controlling mind» of a company (as previously), the Corporate Manslaughter and Corporate Homicide Act 2007 — enacted on 24 July 2007 — seeks to create liability for a company, government departments or police forces if (and only if)(cl 1 (3)-RRB- «the way in which its activities are managed or organised by its senior management is a substantial element» in the «gross breach of a relevant duty of care» — punishable by a fine.

A «substantial breach» is a violation of the tenancy agreement that the Court considers to be serious.

breaches the tenancy agreement more than once and the effect of the those breaches is substantial.

The landlord must have committed a substantial breach, failed to fulfill one of the above outlined landlord obligations, or neglected to follow an order made by an executive under the Public Health Act.

A tenant may also apply to end the tenancy in the case of a substantial breach by a landlord (see the section on Tenant Leaving below).

The Residential Tenancies Act also permits a tenant to apply to the Court or the RTDRS for an immediate termination of a periodic tenancy in the case of a substantial breach by the landlord.

The affidavit must include details of the substantial breach (es), the remedy requested, and a copy of the notice that was given to terminate the tenancy.

Retaining an attorney with substantial litigation experience provides you access to valuable resources and knowledge to decisively pursue sound solutions in breach of contract issues, including:

We also have substantial experience litigating claims that frequently arise in connection with trade secrets» litigation, including claims related to breach of fiduciary duties, non-disclosure agreements, non-compete agreements, and licenses, as well as statutory causes of action under RICO, the Computer Fraud and Abuse Act, and the Electronic Communications Privacy Act.

He has substantial experience advising on high value and complex disputes involving release renewals, claims relating to breach of contract and real estate related insolvency issues.

-- Instructed by Addleshaw Goddard LLP (as junior to Vernon Flynn QC) in a substantial expedited ICC arbitration involving a claim for breach of contract culminating, part way through the hearing, in a $ 225 million settlement deal.

Defending substantial claims for damages and loss of profits for breach of contract and / or negligence concerning amongst other things the design and supply of aluminium freezers.