Sentences with phrase «whether other breaches»

In it, the Facebook founder admitted that mistakes had been made and that the company he heads will launch a review of how it protects users» information and whether other breaches had happened.

Not exact matches

Leaving aside materiality — and I guess there's some question as to whether a court would find it material that Jana Partners is building an activist stake, though maybe not much of one — there's no breach of a duty if Jana «officially» decides to leak its information to other hedge funds.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $ 50.

All other copying (whether in electronic, hard copy or other format) is prohibited and may breach intellectual property laws and other laws world - wide.

You agree that the remedy for any breach of this agreement involving unauthorized access or other infringement of our intellectual property rights shall be an award of damages equivalent to the statutory damages recoverable under the United States Copyright Act, 17 U.S.C. § 501 et seq. (the «Act»), regardless of whether our content is protected by the Act or has been timely and / or properly registered under the Act, and regardless of whether you are located in the United States.

You agree that the remedy for any breach of this agreement involving unauthorized access or other infringement of our intellectual property rights shall be an award of damages equivalent to the statutory damages recoverable under the United States Copyright Act, 17 U.S.C. § 501 et seq. (the «act»), regardless of whether our content is protected by the act or has been timely and / or properly registered under the act, and regardless of whether you are located in the United States.

Under no circumstances will the sites or the Chopra parties be liable to you for any loss or damages of any kind that are directly or indirectly related to the sites, the materials in the sites, the downloadable items, user content, your use or inability to use, or the performance of the sites, any action taken in connection with an investigation by the sites or law enforcement authorities regarding your use of the sites, and action taken in connection with copyright or other intellectual property owners, any errors or omission in the sites, technical operation, or any damage to any users computer, hardware, software, wireless devices, cellular phone, modem or other equipment or technology, including without limitation damage from any security breach or from any virus, bugs, tampering, fraud, scam, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, even if foreseeable or even if the sites or Chopra parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort.

The second of the review's terms of reference should extend beyond reviewing the CRU's policies and practices to whether these have been breached by individuals, particularly in respect of other kinds of departure from objective scientific practice, for example, manipulation of the publication and peer review system or allowing pre-formed conclusions to override scientific objectivity.

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.»

24.3 Each party agrees that it shall have no right or remedy (other than for breach of contract) in respect of any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in this Agreement.

Mr Justice Cooke held in Nomura International plc v Granada Group Ltd and others [2007] EWHC 642 (Comm), [2007] All ER (D) 404 (Mar) that it depends on whether the claimant can properly identify the essence of the tort or breach of contract complained of and, if given appropriate time to marshall what he knows, is in a position to formulate particulars of claim.

A jury will ask to hear testimony from other medical professionals who can speak to the duty of care and whether or not, in their expert opinion, the duty of care was breached.

(b) whether the case concerns the breach of a law, or other requirement, which has no close parallel in the United Kingdom or involves the assertion of a jurisdiction not recognised by the United Kingdom;

In Case C - 170 / 13 Huawei Technologies Co. Ltd v ZTE Corp & ZTE Deutschland GmbH, (Judgment of the 5th Chamber, CJEU, 16 July 2015) the CJEU was asked to rule for the first time on whether seeking an injunction and other associated remedies by the owner of a Standard Essential Patent (SEP) against a company in breach of the patent (but one willing to become a licensee) can amount to an abuse of a dominant position in breach of EU competition law (Article 102 TFEU).

It remains to be seen whether, in other cases, a decision - maker may be required to take alternative or additional steps, such as putting in place confidentiality rings and / or redacting or anonymising data so as to allow for disclosure without breaching the confidentiality obligations.

Collins J left for consideration in other cases whether the exceptional cases regime breached the Equality Act 2010 and whether it erected unacceptable practical obstacles.

Any motorist who breaches this duty — whether due to distracted driving, driving under the influence of drugs or alcohol, or any other cause — and injures someone as a result is liable for any injuries and property damage sustained.

The attorneys at Deans & Lyons, LLP are routinely called upon to handle disputes over the formation and interpretation of contracts, the perfection of security interests, breaches of warranties, limitations on damages, available remedies, and many other issues that require a determination of whether — and if so, how — the UCC applies.

A seasoned car accident lawyer can help you determine whether the other driver breached the standard of care at the time of the crash.

To determine whether a corporate opportunity exists, the courts will often ask (1) whether the opportunity was within the company's line of business; (2) whether the company was financially able to take advantage of the opportunity at the time of appropriation; (3) whether the company had an interest or expectancy in the opportunity; and (4) whether taking a the opportunity would create a conflict of interest or breach of other fiduciary duties.

In the matter of Motley & Others v Shadwell Park Ltd, the Court of Appeal (Sharp LJ and Henderson LJ) considered whether Mr Justice Soole acted outside the ambit of his reasonable discretion in granting Shadwell Park Ltd relief from sanction following its failure to submit an appeal bundle and skeleton argument in breach of paragraph 6.3 of Practice Direction 52B and a subsequent unless order that resulted in the appeal being struck out and a 3 hour appeal hearing being lost In granting relief Mr Justice Soole found that the loss of the hearing was not as serious as a loss of a trial date.

ISDS provisions allows investors from the signatory states (whether individuals or corporations) to bring a claim for compensation or other relief directly against another signatory state where an investment in the host state has been subject to treatment that breaches the investment protections set out in the TPP.

Breach of contract is perhaps the most common form of business dispute and typically involves a disagreement as to whether one side or the other to a contract has properly performed its contractual duties or, perhaps, whether one party has been excused from performance by acts of the other party.

loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

The accumulation of toxic fumes in the sewage pumping station at the junction of Elba Crescent and Baldwin Crescent, Crymlyn Burrows, Port Talbot on 10.10.96 and as to (a) the nature and source of the substance which accumulated in the sewage pumping station and in particular whether it was trichlorofluoromethane, (b) the nature and extent of duty of care owed to the various claimants by each of the respective defendants, (c) whether the substance accumulated as the result of a failure to take reasonable in the circumstances and / or other breach of duty by Gower Chemicals and / or Neath and Port Talbot County Borough Council, (d) whether the accumulation and toxicity were foreseeable by them.

B: whether the aforesaid actions were in breach of any other principles or provisions of European Community Law;

The issue then was «whether and to what extent the police may take preventive action against anyone other than persons committing or reasonably apprehended as being about to commit a breach of the peace».

The solicitor needs to understand CCA 1974 so that he can recognise whether an agreement is in breach of the prescribed terms, as well as the other heads of claim that may relate.

N v London Borough of Barking and Dagenham and others Whether alleged disclosure between care professionals of a father's gender reassignment was a breach of the Data Protection Act 1998

Only with respect to breaches of certain specific limited securities law provisions (which do not include, inter alia, market abuse and other major securities law offences), Consob officers must evaluate whether those breaches caused damage to the investors» protection, to the market for corporate control, to the financial markets or to the exercise of its supervision activities, and, if this is not the case, they can not proceed with charges.

Whether its over a breach of contract, a car accident or a wills and estate dispute the parties would have known each other through negotiations, emails and or meetings.

N v London Borough of Barking and Dagenham and others Whether alleged disclosure between care professionals of a father's gender reassignment was a breach of the DPA

The other possible outcome of the Wong decision is it may prompt employers to take a stronger position if they suspect a terminated employee has breached a confidentiality provision but they weren't sure whether to pursue it further.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS TROJAN BACK DOOR LOGIC BOMB OR ANY OTHER FORM OF MALICIOUS CODE, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

Whether there has been an affair, communication issues, a breach of trust, sexual intimacy issues, or something else, there can be a path back to each other.

Furthermore, Daring Education will not be liable for any damage caused by any failure of performance, negligence, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of or use of this site, whether for breach of contract, tortious behavior, or any other cause of action.

If you are looking for a marriage counselor or relationship therapist, you probably fall into one of three categories: (1) you're trying to figure out whether to stay together, (2) you're committed to each other but know that there is repair work that needs to be done (as is the case after infidelity or other breaches of trust), or (3) you're largely happy in your relationship and wanting to use therapy as an opportunity to grow together.

Note: The Committee considered that as it had found a breach of Article 27 it did not have to consider whether the requirements also breached other provisions of the Convention.

A New York court has considered whether a listing broker breached her fiduciary duty when she showed the eventual buyer other properties while she continued to represent the seller.

Casey v. Masullo Brothers Builders, Inc. (218 A.D. 2d 907)- Buyer sues seller for fraud, misrepresentation, mistake of fact and breach of contract where buyer purchased residence based upon representations by seller through newspaper advertisements and representations by seller's Realtor regarding the school district within which the property was located; Realtor's statement based upon own investigation, loan profile sheet from an abstract company prepared prior to the closing, and town tax rolls which confirmed placement of the property within the disclosed school district; unless the facts are matters peculiarly within one party's knowledge, the other party must make use of means available to him to ascertain, by the exercise of ordinary intelligence, the truth of such representations; question of fact exists whether a reasonable inquiry would have revealed the correct school district; order dismissing seller's motion for summary judgment affirmed.