It's much faster
than litigation for everyone involved.»
discusses how mediation might be a better option
than litigation for high - conflict divorce cases.
A practicing mediator and retired judge explains why mediation may be a better option
than litigation for high - conflict divorce cases.
Lynn Burleson discusses why arbitration can be more suitable
than litigation for complex cases, and other benefits of this form of ADR.
Not exact matches
Yet that is exactly what has taken place in the B.C. Interior this decade, driven by Chief Louie, the vanguard of a new generation of aboriginal leaders far more interested in creating jobs
for their members
than in endless
litigation or lobbying.
In fact, Dovden's 35 lawsuits account
for more
than a third of patent
litigation filed in Federal Court in the past year.
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.
Legal experts say rewriting the order is likely a much better option
for the Trump administration
than sticking with the «extreme vetting» order in its current form, which would likely result in more
litigation.
«The compliance bar
for companies to go public is much higher
than in previous years, so things like pending
litigation and accounting irregularities need to be clean,» says David Zilberman, partner at venture capital firm Comcast Ventures.
«While we have respect
for Cisco as a fierce competitor and the dominant player in the market, we are disappointed that they have to resort to
litigation rather
than simply compete with us in products,» Arista said.
This one is a bit more technical
than the others, since it deals with the procedural requirements
for patent
litigation trials.
Under threat of prolonged
litigation Walters settled
for $ 380,000 less
than he says he was owed.
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.
Asked about these matters, Kevin Heine, a Bank of New York Mellon spokesman, said, «We believe an $ 8.5 billion bird - in - the - hand settlement with significant servicing improvements is a far better result
for all investors
than the likely outcome following years of costly
litigation.»
The
litigation was still ongoing, so Kobayashi was tasked with the challenge of when to sell the coins to protect creditors from losing their full principal, while also giving them a chance to fight
for the rightful ownership of the coins rather
than cash at bankruptcy valuations.
He has specialized in corporate law and corporate
litigation, primarily in the Delaware Court of Chancery,
for more
than 20 years.
«The marketplace
for new ideas has been corrupted by software patents used as destructive weapons,» the story's authors wrote, noting that last year,
for the first time, Apple and Google spent more on patent
litigation and intellectual property
than on research and development, a striking fact that sharply illustrates how incentives have become skewed in the tech industry.
«The timing of this payment is strong evidence that this was payment
for the purpose of influencing an election,» rather
than concealing the affair from Trump's family, said Paul Ryan, Common Cause's vice president
for policy and
litigation.
Private counsel
for Massachusetts and New Hampshire in groundbreaking
litigation against the tobacco industry (Significant injunctive relief and recovery of more
than $ 10 billion)
All the demands
for unneeded preference in admissions and hiring, all the absurd
litigation, all the efforts at speech control and thought control, and most important, all the programs to manage and «improve» the behavior of the men in her life, whether husband, boss, roommate, or date, have left her more disaffected and more mentally self - indulgent
than before.
Although the parmesan cheese cases were recently dismissed, the defendant companies were involved in contentious
litigation for more
than a year before the trial - level court dismissed the action.
In Martin Jenkins v. NCAA (a.k.a. the related case In re: NCAA Athletic Grant - in - Aid Cap Antitrust
Litigation), the NCAA will need to persuade Judge Wilken that athletic scholarship caps promote competition more
than they harm it in the market
for student - athletes» athletic services.
In 2002, Sheldon Silver began working
for the Weitz & Luxenberg firm, which specializes in asbestos
litigation and paid him $ 120,000 a year «based on his official position rather
than any work he was expected to perform
for clients of the firm,» said Manhattan US Attorney Preet Bharara.
Kellner, an attorney whose practice focuses on real estate and international and commercial
litigation, said he believes New York's transparency laws
for corporate formation are no better
than Delaware's.
I don't know how Margaret Chen is going to write the law when key money is being mentioned now in
litigation for 68a Mott Street which means true market rents are much higher
than reported (and that my mother is really charging a very low rent
for an ongoing vacancy) but the fake rent is going to be used to claim so many things about owners.
Also, the majority of the more
than 100 clients he referred to the Weitz & Luxenberg
for asbestos
litigation, not personal injury.
The complaint alleges that Silver was credited with referring more
than 100 clients to his law firm, the majority
for potential asbestos
litigation.
The schedule of prosecution is somewhat more predictable
than litigation, so it can allow
for a more relaxed lifestyle.
Few issues are more important in federal
litigation than determining whether a case will be dismissed
for failure to state a claim or instead slog on into Ian Kerner, a sexuality counselor and New York Times best - selling author, blogs about sex on Thursdays on The Chart.
Given research suggesting that socioeconomic school integration is an even more powerful lever
for boosting achievement
than funding, he has suggested that state finance
litigation be extended to integration.
During the course of the
litigation, the school board paid
for three sets of attorneys (
for Martin;
for the LSC; and
for the Board of Education) in a case that cost more
than a quarter of a million dollars.
«There's a much weaker textual basis
for the lawsuit
than we see in state - level school finance
litigation,» says Superfine, who also has a law degree.
By extending school districts» obligation to pay
for private school placements until all appeals are exhausted, the decision creates an incentive
for parents to prolong
litigation rather
than to work collaboratively with school districts to resolve disputes without delay; the increased liability
for private tuition and legal fees from needlessly prolonged
litigation imposes an untenable burden on the already - strained budgets of local school districts and diverts resources away from providing educational services to all children.
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.
Some are in
litigation with a publisher who has not paid royalties
for more
than 18 months, but continued to sell their books.
The ruling heightens the risk, particularly
for credit counseling agencies doing business in the First Circuit (encompassing Maine, Massachusetts, New Hampshire, Puerto Rico, and Rhode Island), that their activities, especially their DMPs and less -
than - full balance repayment programs, may trigger coverage under CROA and give rise to class action
litigation, forcing them — at great expense — to prove that they are actually operating as bona fide nonprofit organizations (in order to be exempt from CROA, particularly
for what has transpired in the past), or, alternatively, to comply with CROA's requirements prospectively.
The longer things go after the credit card company has started
litigation in the court system the more likely it becomes that a creditor will refuse to participate in your debt settlement plan and you must settle a credit card account
for more
than you might want to or you will face a court hearing and its consequences such as garnishment.
Most lenders will accept settlement
for less
than a debt's full balance, because
litigation is expensive and forcing you into bankruptcy would mean they could receive even less.
For more
than a year, we have been trying to reach an agreement with Epic to resolve these issues without resorting to
litigation, but were unable to come to reasonable terms with Epic.
Activision isn't commenting on the
litigation, but it seems both companies have been in talks
for more
than a year now with no progress.
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.
Like Fiorina and Nunes, many blame green extremists — especially the National Resources Defense Council (NRDC) and the Sierra Club — groups continually hammering California with
litigation and government lobbying
for more
than two decades.
The Division, and the 94 U.S. Attorneys have the responsibility
for overseeing criminal matters under the more
than 900 statutes as well as certain civil
litigation.
On - going
litigation by Friends of the Earth, discriminatory treatment from state politicians including Sen. Barbara Boxer, and harassment and hassle led its owner to close it down in 2013, rather
than simply replace the steam generator
for one - sixth the cost of the premature decommissioning.
Litigation for ordinary people has not seen material productivity gains other
than legal research, especially CanLii.
Ralph Kroman, partner with WeirFoulds LLP in Toronto, says it's never a bad idea
for a lawyer to be proactive rather
than reactive, but when it comes to protecting customer information and the organization from potential
litigation, in - house can never be too careful when preparing
for a cyberattack and its aftermath.
This past weekend, the Sacramento Bee carried a lengthy article, Visionary law's litigious legacy (11/12/06), on how California's implementation of the federal Americans with Disabilities Act (ADA) has lead to
litigation over ADA violations, which end in payouts to individual plaintiffs and lawyers rather
than access
for the disabled.