Our company has, in good faith, invested significant sums, taken risks and endured a period of disappointing results in order to re-build the Martha Stewart brand and grow it in important product categories.

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Microsoft's critics complain that the company doesn't act in good faith: they point out that this case was filed in the first place when Justice determined Microsoft had violated a 1995 consent agreement.

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In particular, a company that made no effort to filter defamatory content submitted by its users was held to be an immune distributor, but another company that actively filtered and edited defamatory content in good faith was held liable as a publisher for failing to screen and remove all such unlawful content.

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Proview had argued that Apple didn't negotiate in good faith, using a shell company that promised not to make competing products under the iPad label.

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Herrera said on Monday that his office had been working with Monster in "good faith to negotiate voluntary changes" when the company abruptly filed its lawsuit last week.

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The company provided an experienced tax professional with all the relevant information and relied on him in good faith.

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