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Second, [I] can't comment on our litigation even if I wanted to, unfortunately.
"In the end, there's always risk in litigation even if a party is very confident of its position," Jenkins said.
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Previously, NCSE had supported proevolution parties in relevant litigation, even filing amicus curiae briefs in various cases.
"Some Saudis appear to be using the U.K. as a back door to silence their critics and repress free speech by threatening litigation, persuading publishers to back down rather then face years of expensive litigation -- even if what they're publishing might in fact be true," said Trevor Asserson, who specializes in defamation in the London law office of Morgan Lewis & Bockius.
The court ruled in a similar case in 2011 that customers could not choose litigation over arbitration even if arbitration was not practical.
"It is essential to the creative process that outtakes — even nonconfidential ones — be generally protected from disclosure and that they be ordered produced only when they are truly needed for use in a litigation," he said, even if some of the outtakes are useful to those seeking them.
Proponents of double-edged litigation say that even if institutional change remains elusive, at least financial help can be won for a few of the children the system has wronged -- children like the two Florida sisters, now 17 and 18, who are both illiterate and both mothers.
Dual litigation means that even if brand-name companies lose under the NOC linkage regulations, they can launch a septe case under Canada's general patent law.
It is not hard to foresee the attempt to extend such litigation threats to apps, even if there is little or no law as yet holding that apps are "places of public accommodation" under the ADA.
The admitted document destruction was not unusual either, Carmichael says, in that it comes out of a longstanding "cultural view" within the big five firms "that it is OK to clean up the work papers even" if litigation might be expected so long as the firm has not yet been issued a subpoena.
New York City said it plans to begin enforcing the consent requirement even if litigation continues.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com