Sentences with phrase «which allege a breach»

The ECHR determines applications by any person, group or one or more of the contracting states which allege a breach of human rights.

Not exact matches

Earlier this week, a regulator ordered CBA to keep an extra A$ 1 billion ($ 750 million) in cash reserves as punishment for the alleged money laundering breaches, which it is contesting.

Though he acknowledged that the U.S. «has some serious trade issues with China, which have grown over the years,» including not just tariffs but also alleged Chinese cybersecurity breaches and intellectual property violations of American companies, the CEO said those problems do not necessitate a trade war.

The alleged Facebook data breach reportedly indicates the manner in which information provided by individuals can be handled by...

Social networking giant Facebook has come in for severe criticism over the past week in connection with an alleged data breach on its platform which affected 50 million of its users.

More than 260 workers have lost their jobs at the meat supplier Russell Hume, which has folded into administration just weeks after an alleged breach of food labelling standards.

«The alleged diversion also shows a serious breach of anticorruption legislation including the EFCC Act, and Nigeria's international obligations under the UN Convention against Corruption and the African Union Convention on Preventing and Combating Corruption both of which the country has ratified.

If the proposed settlement agreement is approved by the Court, ruby will contribute a total of $ 11.2 million USD to a settlement fund, which will provide, among other things, payments to settlement class members who submit valid claims for alleged losses resulting from the data breach and alleged misrepresentations as described further in the proposed settlement agreement.

You further agree that if any third party brings or threatens any action against us as a result of any alleged act by you in relation to your use of the Services which, if proved, would be unlawful or in breach of these terms, you will indemnify us against our own legal costs in defending such action or threat whether or not the alleged act is proved and whether or not our defense is successful.

We also excluded cases in which students allege that school authorities have breached their duty to maintain safety in the school and to protect students from harm.

The lawsuit alleges that the insurers breached two «all risk» New York property insurance policies, and an Agreement for Interim Payment under which the insurers made a non-refundable interim payment of $ 28 million to Lazare Kaplan in January of this year.

The complaint notes that this action is similar, but narrower in scope, to 18 separate lawsuits pending in federal district courts around the country which allege a university defendant breached its Employee Retirement Income Security Act (ERISA) fiduciary duties by allowing TIAA to collect excessive fees from the university's retirement plan.

The class - action lawsuit, Wildman et al v. American Century Services, LLC et al, alleges breach of fiduciary duty under the Employee Retirement Income security Act of 1974 for excessive investment management and record - keeping fees, imprudent fund selection and for self - dealing by American Century, which plaintiffs contend filled the retirement plan with proprietary investment options for its own benefit.

On February 5, 2009, the landlord of our premises located at 349 Oyster Point Boulevard, South San Francisco, California filed a complaint against us in the Superior Court of California for the County of San Mateo alleging breach of contract and termination of our lease, seeking a writ of attachment and a temporary protective order, for which a hearing was held on February 6, 2009.

The Underwriting Agreement between the Trust and Ceros Financial Services Inc. («Ceros») provides that the Registrant agrees to indemnify, defend and hold Ceros, its several officers and directors, and any person who controls Ceros within the meaning of Section 15 of the Securities Act free and harmless from and against any and all claims, demands, liabilities and expenses (including the reasonable cost of investigating or defending such claims, demands or liabilities and any reasonable counsel fees incurred in connection therewith) which Ceros, its officers and directors, or any such controlling persons, may incur under the Securities Act, the 1940 Act, or common law or otherwise, arising out of or based upon: (i) any untrue statement, or alleged untrue statement, of a material fact required to be stated in either any Registration Statement or any Prospectus, (ii) the breach of any representations, warranties or obligations set forth herein, (iii) any omission, or alleged omission, to state a material fact required to be

Indemnity You shall indemnify and keep Bark Busters indemnified against all actions, claims, losses, costs (including all legal costs actually incurred or otherwise), damages and expenses that are suffered or incurred by Bark Busters whether or not reasonable or otherwise foreseeable or avoidable which arise directly or indirectly from any breach or alleged breach by you of any of these Terms of Use.

Next - Gen reports that Silicon Knights has attempted to dismantle Epic Games» motion to dismiss the lawsuit against it which alleges Unreal Engine 3 breached contracts and failed to deliver.

In December 2008, an International Rivers press release alleged that German utility RWE, one of the biggest carbon dioxide emitters in Europe, planned to buy carbon credits from the Xiaoxi dam in Hunan — which failed to meet World Commission on Dams guidelines — and that would be a breach of EU law.

Multiven, a corporation with which Adekeye was associated, sued Cisco for monopolistic business practices; Cisco countersued and, among other things, alleged that Adekeye had wrongfully accessed a Cisco computer a number of times for which breaches they claimed an amount «over $ 14,000.»

Representation of a surety alleging liability under performance bond in a case in which the general contractor alleged breach of contract, negligent misrepresentation, and violations of CUTPA against the subcontractor.

In its amended state, s 47 (8) will allow a warrant application where there has been an alleged breach of either a non-molestation order — which under the new regime would no longer have a power of arrest attached — or an occupation order which has no power of arrest attached to the provision allegedly breached.

This brings me to U.S. Representative Zoe Lofgren's proposal for an «Aaron's Law» that would decriminalize breaches in the terms of service within the Computer Fraud and Abuse Act (which is what Aaron is alleged to have done in downloading too many JSTOR articles that had, one should note, already been published and purchased when they originally circulated in print, before being added to this digital archive named for journal storage).

The breach of fiduciary duty claim, which relies on New York State law, alleges that the Mortmans stripped IQT, Ltd. of assets and prevented IQT, Ltd. from paying employees their termination entitlements.

In a voir dire proceeding the accused alleged a breach of his rights under Sections 7, 8 and 10 of the Charter of Rights and Freedoms and specifically that he was not given a reasonable opportunity to exercise his right to counsel and that the accused was not provided with a full range of resources and access to sources of information which reasonably were or ought have been made available to him to contact a lawyer, including internet access.

(3) The jury may also --(a) consider the extent to which the evidence shows that there were attitudes, policies, systems or accepted practices within the organisation that were likely to have encouraged any such failure as is mentioned in subsection (2), or to have produced tolerance of it; (b) have regard to any health and safety guidance that relates to the alleged breach.

On February 14, 2018, the Ontario Court of Appeal allowed an appeal in Cana International Distributing Inc. v. Standard Innovation Corporation, 2018 ONCA 145, which involved an alleged breach of a contract for, among other things, the exclusive distribution rights in retail shops, drug stores and sex toy retail outlet stores regarding a sex toy called «We - Vibe».

We also successfully represented the Company's Board in related shareholder derivative litigation in the same court alleging breaches of fiduciary duty, abuse of control, and unjust enrichment, all of which the Court dismissed for failure to make a pre-suit demand or allege demand futility with the particularity required by Delaware law.

The 2013 lawsuit alleged that Citigroup's directors breached their duty of loyalty in two ways: (1) by permitting Citibank to engage in unlawful foreclosure and mortgage servicing practices through the implementation of inadequate internal controls; and (2) by failing to issue a supplemental proxy describing the terms of a consent order with the Office of the Comptroller of the Currency to resolve investigations into Citibank's mortgage servicing operations, into which Citibank entered after Citigroup had issued its 2011 proxy materials, but before its 2011 shareholders» meeting.

Additional issues of the identity of the alleged data controller and whether there was any civil liability in relation to the alleged breaches (particularly under section 55 (1), which enacts criminal offences).

A case of particular interest in the regulatory context is CITIC Pacific Ltd v. Secretary for Justice and anor, [160] in which the Hong Kong Court of Appeal considered the application of the crime - fraud exception in the context of alleged fraud and breach of listing rules by a company (CITIC) listed on the Hong Kong Stock Exchange.

In two cases representing plaintiffs alleging misappropriation of trade secrets and breaches of confidentiality agreements, obtained settlements after the start of trial in which defendants agreed to cease certain business operations.

Represented a real estate development company in multi-party litigation alleging that sale of a company that owned land on which developer had development rights constituted breach of contractual provisions providing for right of first offer.

The defendants responded by alleging breaches on the part of the first claimant, which had thereby given them the right to terminate an agreement.

Claimants who had suffered sexual abuse but need to seek the discretion of the court under s 33 were driven to alleging that the abuse was the result of, or accompanied by, some other breach of duty which could be brought within the language of s 11.

The problem would be showing that all members of the class were causally injured by the same alleged breach of duty which is pretty much impossible.

There were six alleged breaches in the committal application which ranged from Mr King Mason downloading 38,000 files of data held on a hard drive and USB stick, to confidential information in emails.

Mr King Mason was cross examined by counsel for the Claimant on the alleged breaches, some of which he admitted, but a decision was taken not to cross examine the two witnesses from Mischon de Reya, who served the committal application.

A UK company which successfully negotiated a # 1,000 compound penalty as an alternative to being prosecuted for alleged breaches of Open General Export Licences arising from the sale of armoured vehicle components within the EU.

Portland, OR: Uber is facing a data breach class action lawsuit filed by a resident of Portland who alleges the ride share company was negligent in its safeguarding of customer data, resulting in a data breach in October 2016, in which hackers accessed and stole data from 57 million Uber customers and drivers.

Acting for a defendant to a claim for breach of fiduciary duty and receipt of secret profits brought by a large multinational company in which corresponding proceedings were issued in Latvia, Jersey and the BVI, including representing him in committal proceedings for alleged breach of a freezing order, including in cross-appeals to the Court of Appeal.

Mr. Walsh alleged that by miscalculating the floor area of the property by 20 % and publishing the incorrect calculation within its sales brochure, JLL acted in breach of a duty of care which it owed to him.

The claimant brought a personal injury claim alleging that his employer had breached its duty of care towards him and / or had breached his employment contract which had caused his illness (depression) in its handling of a claim of sexual harassment against him.

When one views such measures together with the «ramping up» of the US Department of Justice's investigations of alleged breaches of US anti-corruption laws by foreign companies, it is clear that companies which ignore the potential for US / EU law and the recent changes in UK law to apply to their conduct do so at their peril.

The claim alleged that Thomson Reuters» «Litigator» service, which is a fee and subscription - based database for lawyer - created court documents that permits users to copy and edit documents for their own purposes, breaches copyright by making available original lawyer created legal documents without permission from, or compensation to, the authors of the documents.

Other matters which often include an extradition elements are MLAs from foreign countries, alleged sanctions breaches and international war crimes.

The CMSA also establishes two committees — the Discipline Committee and the Appeals Committee — which are designed to hear and determine complaints about alleged breaches of professionalism (including alleged violations of the Code of Ethics).

Along with attorney Jeffrey S. Taylor, Michael successfully defended (not guilty in a bench trial) a claim on a personal guarantee valued in excess of $ 2,000,000.00 and alleged breach of fiduciary duty in a complex case which involved issues of estoppel, accord and satisfactory parol evidence, statute of frauds, unclean hands, breach of contract, burden shifting, constructive trust, Marital Settlement Agreements and bankruptcy issues.

The trial judge found that the incidents complained of took place outside the workplace, the employee had made a timely apology to the victim which he had accepted and several of the incidents alleged to have amounted to sexual harassment and breach of the employment contract in fact was found to be «consensual conduct among friends».

The private right of action under CASL is a statutory cause of action under which persons who allege that they are affected by a CASL breach can apply to court for an order against the alleged violator.

Specifically, the Union alleged that Vanderpol had breached sections 6 (1) and 6 (3)(d) of the Labour Relations Code, R.S.B.C. 1996, c. 244 (the «Code»), which prohibit an employer from interfering with the formation, selection or administration of a trade union, and seeking to compel or induce an employee to refrain from becoming or continuing to be a member of a union.