After more than six
years of litigation which involved two trials and multiple parties, including the country of Brazil, Browne Greene helped secure ownership of the world's largest emerald for his clients.
Not exact matches
Actual results, including with respect to our targets and prospects, could differ materially due to a number
of factors, including the risk that we may not obtain sufficient orders to achieve our targeted revenues; price competition in key markets; the risk that we or our channel partners are not able to develop and expand customer bases and accurately anticipate demand from end customers,
which can result in increased inventory and reduced orders as we experience wide fluctuations in supply and demand; the risk that our commercial Lighting Products results will continue to suffer if new issues arise regarding issues related to product quality for this business; the risk that we may experience production difficulties that preclude us from shipping sufficient quantities to meet customer orders or that result in higher production costs and lower margins; our ability to lower costs; the risk that our results will suffer if we are unable to balance fluctuations in customer demand and capacity, including bringing on additional capacity on a timely basis to meet customer demand; the risk that longer manufacturing lead times may cause customers to fulfill their orders with a competitor's products instead; the risk that the economic and political uncertainty caused by the proposed tariffs by the United States on Chinese goods, and any corresponding Chinese tariffs in response, may negatively impact demand for our products; product mix; risks associated with the ramp - up
of production
of our new products, and our entry into new business channels different from those in
which we have historically operated; the risk that customers do not maintain their favorable perception
of our brand and products, resulting in lower demand for our products; the risk that our products fail to perform or fail to meet customer requirements or expectations, resulting in significant additional costs, including costs associated with warranty returns or the potential recall
of our products; ongoing uncertainty in global economic conditions, infrastructure development or customer demand that could negatively affect product demand, collectability
of receivables and other related matters as consumers and businesses may defer purchases or payments, or default on payments; risks resulting from the concentration
of our business among few customers, including the risk that customers may reduce or cancel orders or fail to honor purchase commitments; the risk that we are not able to enter into acceptable contractual arrangements with the significant customers
of the acquired Infineon RF Power business or otherwise not fully realize anticipated benefits
of the transaction; the risk that retail customers may alter promotional pricing, increase promotion
of a competitor's products over our products or reduce their inventory levels, all
of which could negatively affect product demand; the risk that our investments may experience periods
of significant stock price volatility causing us to recognize fair value losses on our investment; the risk posed by managing an increasingly complex supply chain that has the ability to supply a sufficient quantity
of raw materials, subsystems and finished products with the required specifications and quality; the risk we may be required to record a significant charge to earnings if our goodwill or amortizable assets become impaired; risks relating to confidential information theft or misuse, including through cyber-attacks or cyber intrusion; our ability to complete development and commercialization
of products under development, such as our pipeline
of Wolfspeed products, improved LED chips, LED components, and LED lighting products risks related to our multi-
year warranty periods for LED lighting products; risks associated with acquisitions, divestitures, joint ventures or investments generally; the rapid development
of new technology and competing products that may impair demand or render our products obsolete; the potential lack
of customer acceptance for our products; risks associated with ongoing
litigation; and other factors discussed in our filings with the Securities and Exchange Commission (SEC), including our report on Form 10 - K for the fiscal
year ended June 25, 2017, and subsequent reports filed with the SEC.
Actual results may vary materially from those expressed or implied by forward - looking statements based on a number
of factors, including, without limitation: (1) risks related to the consummation
of the Merger, including the risks that (a) the Merger may not be consummated within the anticipated time period, or at all, (b) the parties may fail to obtain shareholder approval
of the Merger Agreement, (c) the parties may fail to secure the termination or expiration
of any waiting period applicable under the HSR Act, (d) other conditions to the consummation
of the Merger under the Merger Agreement may not be satisfied, (e) all or part
of Arby's financing may not become available, and (f) the significant limitations on remedies contained in the Merger Agreement may limit or entirely prevent BWW from specifically enforcing Arby's obligations under the Merger Agreement or recovering damages for any breach by Arby's; (2) the effects that any termination
of the Merger Agreement may have on BWW or its business, including the risks that (a) BWW's stock price may decline significantly if the Merger is not completed, (b) the Merger Agreement may be terminated in circumstances requiring BWW to pay Arby's a termination fee
of $ 74 million, or (c) the circumstances
of the termination, including the possible imposition
of a 12 - month tail period during
which the termination fee could be payable upon certain subsequent transactions, may have a chilling effect on alternatives to the Merger; (3) the effects that the announcement or pendency
of the Merger may have on BWW and its business, including the risks that as a result (a) BWW's business, operating results or stock price may suffer, (b) BWW's current plans and operations may be disrupted, (c) BWW's ability to retain or recruit key employees may be adversely affected, (d) BWW's business relationships (including, customers, franchisees and suppliers) may be adversely affected, or (e) BWW's management's or employees» attention may be diverted from other important matters; (4) the effect
of limitations that the Merger Agreement places on BWW's ability to operate its business, return capital to shareholders or engage in alternative transactions; (5) the nature, cost and outcome
of pending and future
litigation and other legal proceedings, including any such proceedings related to the Merger and instituted against BWW and others; (6) the risk that the Merger and related transactions may involve unexpected costs, liabilities or delays; (7) other economic, business, competitive, legal, regulatory, and / or tax factors; and (8) other factors described under the heading «Risk Factors» in Part I, Item 1A
of BWW's Annual Report on Form 10 - K for the fiscal
year ended December 25, 2016, as updated or supplemented by subsequent reports that BWW has filed or files with the SEC.
Included in that amount is $ 2.9 billion over six
years of «non-announced» measures
which includes» provisions for anticipated Cabinet decisions not yet made and funding decisions related to national security, commercial sensitivity and
litigation rules».
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.
The report on the securities industry,
which continues to recover at a rapid pace following the market crash
of 2008, found higher interests and
litigation costs are also playing a factor in a leveling off
of profits for the remainder
of the
year.
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.
Businessman Alfred Agbesi Woyome says the Supreme Court was misled to declare as unconstitutional, the controversial GHC51 million paid to him as judgement debt,
which has become a subject
of litigation in the last five
years.
The plan to close Indian Point,
which would take place over the course
of the next four
years, was announced earlier this
year by Cuomo and came as the product
of years of negotiations and even
litigation with the plant owner, Entergy.
An agreement between Cuomo and Entergy will punctuate
years of negotiations and
litigation between parties to shut the plant down,
which in addition to being perched atop two fault lines, has been cited with 40 safety and operational «events» — hiccups in its internal operations — since 2012 alone.
Ruling on an appeal filed by the New Mexico Environmental Law Center,
which represents SRIC and ENDAUM in this six -
year - long administrative
litigation, the Commission reversed the NRC Presiding Officer's decision to «hold in abeyance» three - quarters
of the proceeding.
Thus, after 21
years, most
of which were spent before a compliant district and appellate court, the primary consequence
of the
litigation has been the adoption
of an educational model that the plaintiffs oppose and under
which at least an entire generation
of students will be taught.
Following two decades in
which courts spurred significant reforms in our nation's neediest schools by interpreting the education clauses
of their state constitutions to guarantee an «adequate» education for all students, the
years 2005 to 2008 have seen a dramatic change in the judicial response to adequacy
litigation.
North Carolina has been engaged in
litigation defending its system
of school finance for nearly twenty
years,
which was partially instigated because
of spending inequities between low wealth and wealthy counties.
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.
• In 2008, Autobytel incurred operating losses
of $ 36MM (before impairment charges and
litigation settlement costs) on $ 71MM in revenue,
which declined by 15 % from the prior
year.
Two
years ago, I wrote a post titled, In
Litigation and Legal Research, Judge Analytics is the New Black, in
which I discussed three products — Lex Machina, Ravel Law and ALM Judicial Perspectives — that were extracting data from court dockets and applying analytics to reveal insights about judges, such as how they might rule on a specific type
of motion or how long they might take to issue a decision.
Start - ups could be very well placed to take advantage
of the unavoidable avalanche
of litigation which will emerge from Brexit over the next few
years.
He is recognized for his work in dispute resolution,
which is the result
of many
years of litigation practice and service as a mediator and arbitrator in both Utah and Nevada.
WilmerHale is one
of 20 elite law firms named to The National Law Journal's inaugural Intellectual Property Hot List,
which honors firms that demonstrated creative strategies for
litigation, patent prosecution, licensing or other transactional work in the previous
year.
From 1993 to 2003, he also served as co-chair
of the ABA Subcommittee on Broker / Dealer
Litigation and has been co-editor
of the Annual Survey
of Broker - Dealer
Litigation,
which is published each
year by the ABA and the Securities Industry Association.
If 2012 was the
year in
which technology - assisted review (TAR) came into its own, then 2013 is the
year in
which TAR is adapted to the realities
of modern
litigation.
While the solicitor - client privilege has been strengthened, reaffirmed and elevated in recent
years, the
litigation privilege has had, on the contrary, to weather the trend toward mutual and reciprocal disclosure
which is the hallmark
of the judicial process.
On November 29, 2016, CEELM reported that the Mareshki Medicines retail chain had been successful in the two -
year litigation at the Supreme Administrative Court
of Bulgaria,
which resulted in the repeal
of anti-competitive provisions on prescribing and dispensing medicine in Bulgaria's Ordinance No 4.
I did that for about a
year and I went to another law firm
which was more
of a boutique law firm focusing on insurance defense and general civil
litigation.
I have been in the insurance
litigation business for 15
years now, 10
of which I spent litigating for and advising insurance companies in Atlanta, and car accident lawyers followed a simple rule then; investigate thoroughly and if the claim had merit offer a fair but discounted for present day value sum.
Anne Morel has first stated practising for a couple
of years almost exclusively
litigation in the area
of labour law,
which enables her to successfully represent our clients in court.
Perhaps a piece
of objective evidence speaks louder: Ramsay was among those bestowed with the «Attorney
of the
Year» honor in 2011 for his work on the Source Code Defense
Litigation Team,
which helped coordinate a massive attack on the government's proof regarding breath tests in thousands
of DWI and implied consent cases across the state.
That would represent a fourth
year of consecutive growth - a pattern
which owes much to Weightmans» nationally - recognised insurance and
litigation teams.
There was an interesting study done in England some
years ago (the reference to it is in my casebook)
which showed that teaching basic business law to busiess managers significantly increased the incidence
of litigation; people knew how to play the games
of offer and acceptance, consideration, etc., and did so.
«The firm's
litigation model «
which depended heavily on high charge hours levels by associates, counsel and partners to offset the impact
of discounted rates and increased write - offs
of expenses and time, has been under pressure for at least three
years,» the plan says.
We produce an annual report to our clients and friends
of the firm each
year that is entitled «Looking Forward»,
which includes observations from all
of our practice groups about what we think may lie ahead based upon the securities regulators» priorities and emerging trends in financial industry
litigation.
The Global 100 leader,
which has made a string
of corporate and finance hires in London in recent months, has now set its sights on a similar push in disputes, and is aiming to double the number
of lawyers in its London
litigation department during the next three to five
years.
[49] In the absence
of such contemporaneous, reliable, objective records, in subsequent appellate court
litigation regarding «ineffective assistance» claims,
which may potentially unfold
years later, trial counsel is left to try to recall the details
of such interactions without the benefit
of any type
of aide - mémoire, and the appellate court is left to assess the reliability
of such recollections without any objective verification.
Its London, Ont., office offers a full range
of legal services while its Toronto office,
which opened in 1986, specializes in
litigation and was last
year identified by Canadian Lawyer as one
of the country's top 10
litigation boutiques.
Congratulations to the Howard League and the Prisoners Advice Service,
which have brought this change about following three
years of litigation.
Having spent almost 20
years as a banking
litigation specialist during
which time he led on test cases such as the North East Property Buyers Sale and Rent Back in the Supreme Court and, appeared as advocate in the Court
of Appeal on many occasions, together with advisory roles with the CML and FLA, Richard now heads up the Commercial Dispute Resolution team in Cardiff.
I have over 20
years of experience in advising clients on both the detail
of their disputes and the process by
which they might achieve a satisfactory resolution
of those disputes including arbitration,
litigation, mediation and adjudication.
This post will examine these two issues after a discussion
of the background to the so - called «Inuit Saga» and the eventual ECJ judgment
which came about after more than five
years of litigation in two different episodes.
Jasper takes us through the decision, in particular the way in
which the Court dealt with the Charter
of Fundamental Rights and the ECHR, and also puts the Court's reasoning in the context
of the overall «Inuit Saga»
which brought about already five
years of litigation.
Despite being out
of law school and in practice for nearly 17
years now, I still very much enjoy the process
of learning new things,
which is very important in a practice area like ERISA
litigation, where the case law is ever - changing.
Other winners included Simmons & Simmons,
which was named TMT Team
of the
Year, Baker McKenzie,
which won the
litigation category, and Reed Smith,
which secured the award for Arbitration Team
of the
Year.
Only a couple
of days ago the CBC's Ontario Today did a segment entitled «so you think you are covered» and their lines instantly lit up with (former and current) accident victims calling in to complain about the
years and
years of denial and delay they endured — sometimes over a decade — as there cases dragged on and they were worn down by the «inherently expensive» vagary
of medico - legal expert assessment treadmill
which drive personal injury
litigation.
While construction law lawyers are aware
of the two
year limitation period contained in section 37
of the Construction Lien Act, on January 1, 2015, significant changes were made to Rule 48
of the Rules
of Civil Practice,
which require all
litigation lawyers to modify their tickler systems for their non-lien actions.
Joanne has over 30
years of experience working in the legal profession, most
of which has been spent providing legal support and assistance in the labour, employment and
litigation fields.
Among other events, the section is responsible for organizing the annual Business
Litigation Session
Year in Review,
which features a panel
of all current judges in the Commonwealth's Business
Litigation Session.
In 1988, he started with Legal Copies International
which grew to 26 cities and $ 100M a
year in revenue as a supplier
of onsite and offsite
litigation support services.
Instructed in some
of the largest civil fraud actions heard in England in recent
years, including the US$ 1 billion Fiona Trust
litigation and CNA Insurance Company Ltd v Willis Ltd (both of which are referred to in greater detail in the Commercial Litigation secti
litigation and CNA Insurance Company Ltd v Willis Ltd (both
of which are referred to in greater detail in the Commercial
Litigation secti
Litigation section below).