American Express Financial Advisors Inc or its agents may prepare or cause to be prepared from time to time circulars, sales literature, broadcast material, publicity data and other advertising material to be used in the sales of shares issued by the Corporation , including material which may be deemed to be a prospectus under rules promulgated by the Securities and Exchange Commission (each separate promotional piece is referred to as an "Item of Soliciting Material"). At its option, American Express Financial Advisors may submit any Item of Soliciting Material to the Corporation for its prior approval. Unless a particular Item of Soliciting Material is approved in writing by the Corporation prior to its use, American Express Financial Advisors Inc. agrees to indemnify the Corporation and its directors and officers against any and all claims, demands, liabilities and expenses which the Corporation or such persons may incur arising out of or based upon the use of any Item of Soliciting Material. The term "expenses" includes amounts paid in satisfaction of judgments or in settlements. The foregoing right of indemnification shall be in addition to any other rights to which the Corporation or any director or officer may be entitled as a matter of law. Notwithstanding the foregoing, such indemnification shall not be deemed to abrogate or diminish in any way any right or claim American Express Financial Advisors may have against the Corporation or its officers or directors in connection with the Corporation's registration statement, prospectus, Statement of Additional Information or other information furnished by or caused to be furnished by the Corporation.
American Express Financial Advisors Inc. (DC 1:02-cv-00082 filed 01/17/2002). Employment class action for systematic discrimi- nation against women who applied for or ob- tained financial advisor positions. The suit was filed as a settlement class; the proposed settle- ment/consent decree was filed the day after the complaint was filed. The judge entered an order certifying the class and approving the consent decree, which provides for extensive injunctive relief and a compensation fund of more than $31 million. Subsequently several documents relating to disbursement of the monetary relief were filed under seal. Cerveceria Modelo XX x. Xxxxxxx (DC 1:02-cv-01586 filed 08/09/2002). Trademark infringement action by the makers of Corona beer against a pornographic Web site that was using Corona marks and images, including images of sexual acts with Corona beer bottles. The parties settled and sought a stipulated judg- ment and permanent injunction. When the court asked to see the settlement agreement as part of its review of the stipulated judgment, the parties asked for it to be sealed. The court sealed it, and subsequently entered the stipulated judgment and injunction. Middle District of Florida No relevant local rule. Statistics: 13,678 cases in termination cohort; 17 docket sheets are sealed (0.12%)—the disposition code for 1 of these cases suggests no sealed set- tlement agreement33 and an examination of the other 16 docket sheets revealed no sealed settle- ment agreements;34 513 unsealed docket sheets (3.8%) have the word “seal” in them; 103 complete docket sheets (0.75%) were reviewed; actual documents were examined for 43 cases (0.31%); 36 cases (0.26%) appear to have sealed settlement agreements. Cases with Sealed Settlement Agreements
