Paulick reports that part of Rojas' defense is to say that the practice of administering medications on race day, which other than Lasix is prohibited, was routine at Penn National, and thus she did not have an advantage over rivals.
Imagine that a German widget manufacturer and an American customer are negotiating an order. "This corroboration requirement for testimony by an interested party is based on the sometimes unreliable nature of oral testimony, due to the forgetfulness of witnesses, their liability to mistakes, their proneness to recollect things as the party calling them would have them recollect them, aside from the temptation to actual perjury." Trans Web LLC v. See, e.g.: At all times during the Confidentiality-Obligation Period, the Receiving Party must not disclose, use, or copy Confidential Information, in whole or in part, except as expressly provided in the Agreement. A receiving party likely would not want to take on the higher burden of entering into a fiduciary relationship with the disclosing party.
Rojas; her husband, trainer Eduardo Rojas; and trainer Stephanie Beattie by issuing permanent ejections from the racetrack," said John Finamore, senior vice president of regional operations for Penn National .
Finamore added that he hopes the racing commission revokes the trainers' licenses so that they are unable to compete at other tracks and said that tracks should have greater latitude in excluding licensees.
They want to allocate responsibily for arranging for shipping the widgets; insurance; export clearances; and customs. to ensure that any use, disclosure, or copying of Confidential Information, by or on behalf of the Receiving Party or any party receiving Confidential Information from the Receiving Party complies with applicable law, including for example any applicable law concerning (i) privacy or (ii) export controls. (Opinions seem to vary as to whether the term fiduciary relationship and confidential relationship are synonyms; the answer might depend on the jurisdiction. Day, Difference Between Fiduciary Relationships and Confidential Relationships (John Day Legal.com) (citing Tennessee cases).
The manufacturer and customer needn't bother negotiating the wording for those responsibilities. A requirement like this can be handy if the Receiving Party will be dealing with information whose distribution is restricted by law, for example personal health information or export-controlled information. The obligations of section 6.1.3 apply only during the Confidentiality-Obligation Period; during that time, though, those obligations will continue to apply to all Specimens of Confidential Information, even after any termination or expiration of the Agreement. of Confidential Information is any copy of, and any physical object embodying, Confidential Information — for example, any paper- or electronic copy and any specimen of hardware — where the copy or physical object is in the possession, custody, or control of: (i) the Receiving Party, and/or (ii) any individual or organization to which the Receiving Party made Confidential Information accessible.
On July 6, Penn National announced plans to eject Rojas, who was recently found guilty in a U. District Court of 14 counts of misbranding equine drugs in 2013; her husband, trainer Eduardo Rojas; and trainer Stephanie Beattie, who at the Rojas trial admitted to routinely and illegally administering drugs to horses on race day..