Transocean Asks to Cap Rig Liability at $26.7 Million – BusinessWeek

Transocean Ltd., the owner and operator of the oil rig leased to BP Plc which exploded last month and killed 11 men, has asked a U.S. judge to limit its liability to $26.7 million.

The request, filed today in Houston federal court under a 150-year-old law originally designed for the shipping industry, applies to all litigation the company faces over the explosion and spill.

“I think there are more than 100 cases now,’’ Guy Cantwell, Transocean’s spokesman, said in a telephone interview.

Transocean and co-owners of the Deepwater Horizon, which now lies wrecked a mile deep in the Gulf of Mexico, say the state-of-the-art drilling rig has zero present value and had accrued $26.7 million in unpaid drilling rental fees.

The company also asked for all litigation against the rig owners to be consolidated before one federal judge in Houston, where Transocean’s U.S. operations are based. Vernier, Switzerland-based Transocean said it would create a court- administered fund, equal to the amount of the unpaid drilling fees, from which all claims against the company could be paid on a pro-rata basis.

Lawyers for victims of the rig disaster and spill said that while Transocean’s move to limit its liability probably wouldn’t succeed, it could cause the oil spill litigation to be consolidated into a single multidistrict proceeding in Houston federal court, as BP has also requested.

via Transocean Asks to Cap Rig Liability at $26.7 Million (Update3) – BusinessWeek.

Global Disclosures: Extracting the Risk | Westlaw Business

A chart of the major "big oil" companies
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BP’s ecological disaster in the Gulf of Mexico and the SEC’s recently issued guidance on climate change bring environmental disclosures and concerns to the fore. Yet in today’s global economy, natural resources are extracted all over the earth and environmental liabilities can arise anywhere and at any time. Even under the best of circumstances, extractive industries face particular risks when it comes to both environmental damage and climate change. In this year’s 20-F/40-F filings, from the largest players like Royal Dutch Shell and Vale to their smaller counterparts, companies in the oil, gas, and mining industries are showing that they are acutely aware of their potential environmental liabilities.

Thanks to dozens of comment letters and other concerted efforts by environmental activists, the SEC issued Commission Guidance Regarding Disclosure Related to Climate Change effective February 8, 2010. The release outlines commission views with respect to existing disclosure requirements as they apply to climate change matters. The focus is mainly on 10-K/10-Q filers, but the release does note, “the disclosure requirements applicable to domestic issuers under Regulation S-K that are most likely to require disclosure related to climate change have parallels under Form 20-F, although some of the requirements are not as prescriptive as the provisions applicable to domestic issuers.”

via Global Disclosures: Extracting the Risk.

BP, Transocean Lawsuits Surge as Oil Spill Spreads in Gulf – BusinessWeek

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BP Plc and Transocean Ltd. face at least 36 lawsuits, including group cases with potentially thousands of plaintiffs, over environmental damage and personal injuries caused by the oil spill in the Gulf of Mexico.

At least 31 proposed class-action suits have been filed in courthouses from Texas to Florida. Commercial fishermen, shrimpers, charter-boat operators and beachfront-property owners asked to represent anyone whose livelihood depends on coastal waters imperiled by the drifting oil. At least 24 cases were filed yesterday.

BP has the primary liability for damage caused by the spill, said Keith Hall, an attorney in New Orleans, who isn’t involved in the litigation. He cited a U.S. law passed after the Exxon Valdez oil spill at Alaska in 1989.

“Under the Oil Pollution Act, the fact that it was BP’s oil is enough,” said Hall, of Stone Pigman Walther Wittmann LLC. Plaintiffs “don’t have to show they were negligent or grossly negligent,” he said.

Transocean’s spokesman Guy Cantwell and BP’s Daren Beaudo didn’t respond to requests for comment on the rapid rise in lawsuits. Both men said previously it was against company policy to comment on pending litigation.

Lawsuits also name Cameron International Corp., which provided blowout-prevention equipment, and Halliburton Energy Services Inc., which was involved in cementing the well.

via BP, Transocean Lawsuits Surge as Oil Spill Spreads in Gulf – BusinessWeek.

U.S. Trade Policy Nears Zero Hour | National Law Journal

In most matters of international trade, the United States is like a popular seventh-grade girl, surrounded by throngs of admirers and wannabes.

But when it comes to math — specifically a method of calculating duties on certain imports — the United States is eating its lunch alone.

Millions of dollars each year ride on this calculation, known as “zeroing,” which is used by the Commerce Department to determine whether a foreign company is selling goods here at less than fair value. If a company is dumping its products, the U.S. government adds a duty to even out the playing field.

But virtually every one of the World Trade Organization’s 153 member countries objects to how Washington juggles the numbers. The United States has been hit with more than a dozen suits at the WTO challenging zeroing — and lost them all before the trade body’s highest court.

Now, the United States faces the prospect of retaliatory sanctions from the European Union, Japan and Mexico. A WTO arbitrator is currently weighing the first request from Europe to impose $311 million in tariffs, with a decision due as early as next week.

The Obama administration is in an awkward position. If it quits using zeroing, it will trigger the wrath of the domestic industries it benefits — primarily steel makers, but also producers of products ranging from shrimp to ball bearings to plastic bags. If it clings to zeroing in the face of WTO condemnation, American exporters will be punished by sanctions.

The official position from the Office of the U.S. Trade Representative is that Washington “has indicated that it intends to work to bring itself into compliance,” according to a spokeswoman.

via U.S. Trade Policy Nears Zero Hour.

The End of Corruption? Opinion – The Korea Times

The United States looked unrealistic, and perhaps even eccentric when the U.S. Congress passed the Foreign Corrupt Practices Act FCPA in 1977, making it illegal for publicly held companies to bribe foreign officials.

Many U.S. firms complained about this law, arguing that in many countries the payment of bribes was commonplace and tax deductible.

They also claimed that the law hindered their efforts to compete internationally against companies from countries that had no such anti-bribery laws.

Research at the time supported this claim by indicating that in the years after the anti-bribery legislation was enacted, U.S. business activity declined precipitously in those countries in which government officials routinely received bribes.

Since then, the issue of bribery has taken on new momentum. Thirty-eight countries, eight more than its membership of 30 nations are now subscribing to the OECD rules which prohibit the bribery of public officials, among them South Korea, Japan, Mexico, South Africa and Argentina.

Large companies such as Siemens have been taken to court and punished for paying bribes. Increasingly, companies state that the anti-bribery drive now gives them a clear rationale to say “no” when bribes are requested. The progress is good. Several questions remain though: Should rules across borders be the same, particularly when it comes to the allocation of expenses and the treatment of family members, or should there be an acknowledged role for cultural differences? Current estimates of bribery levels range between 5 and 20 percent of international contracts. What is a realistic level of how low we can expect to drive this pernicious waste.

via The End of Corruption?.

Microsoft Drops the Price for SharePoint Online

Seems increased competition with Google is making Microsoft look twice at its pricing for online services such as SharePoint news, site and Exchange.

The company has reduced the monthly rates for its Business Productivity Online Suite BPOS which includes SharePoint from US$ 15 to US$ 10. They also dropped the monthly subscription for Exchange Online from US$ 10 to US$ 5.

In addition to the price reduction, BPOS is also available in Singapore, and soon India. BPOS will be available in over 36 countries by the end of this year and there are a number of new high profile organizations using the service. Trials are slated to begin in Brazil, Chile, Colombia, Czech Republic, Greece, Hong Kong, Hungary, Israel, Malaysia, Mexico, Poland, Puerto Rico, Romania and Taiwan.

Its this adoption that is pushing the price of the online services down. According to Microsoft specifically, ““rapid customer adoption, global scale and improved efficiencies from new software such as Exchange Server 2010.”

via Microsoft Drops the Price for SharePoint Online.