PHMSA Holds Second Public Forum On Recommended Practice For Pipeline Safety Management Systems; Publication Expected In December
Posted on Jul 2, 2014 in Investigations, Process Safety | Comments Off on PHMSA Holds Second Public Forum On Recommended Practice For Pipeline Safety Management Systems; Publication Expected In December
Today, the U.S. Pipeline and Hazardous Material Safety Administration (PHMSA) hosted its second public forum to discuss the emerging recommended practice for Pipeline Safety Management Systems (PSMS), American Petroleum Institute RP 1173. Members of the development team discussed the ten essential elements for a PSMS identified in the recommended practice: (1) leadership and...
Sunshine in Litigation Act Introduced in U.S. Senate Could Limit Companies’ Ability To Protect Confidential Information
Posted on May 23, 2014 in Construction, Energy/Environmental, Investigations, Process Safety, Product Liability, Transportation, Workplace Safety | Comments Off on Sunshine in Litigation Act Introduced in U.S. Senate Could Limit Companies’ Ability To Protect Confidential Information
In the wake of the recent automotive cases that have required federal courts to weigh the general public’s health and safety interest against corporate confidentiality when determining whether to seal court records, a bill has been proposed in the U.S. Senate that would prohibit a court from denying public access to information in cases in which the pleadings state facts relevant to...
D.C. Case Serves as Reminder To Involve Outside Counsel in Every Stage of Internal Investigation for Privilege Purposes
Posted on May 21, 2014 in Construction, Energy/Environmental, Investigations, Process Safety, Product Liability, Transportation, Workplace Safety | Comments Off on D.C. Case Serves as Reminder To Involve Outside Counsel in Every Stage of Internal Investigation for Privilege Purposes
If maintaining privilege over the documents generated by an internal investigation is a concern, the involvement of outside lawyers in every step of the process is strongly suggested. The U.S. District Court for the District of Columbia recently provided a reminder of this best practice when analyzing the privilege status of internal investigation documents in a qui tam action. The...
Alleged Safety Failures in Transporting Crude by Rail Leads to Criminal Charges
Posted on May 13, 2014 in Energy/Environmental, Investigations, Process Safety, Transportation | Comments Off on Alleged Safety Failures in Transporting Crude by Rail Leads to Criminal Charges
The Quebec prosecutor’s office has announced it will seek criminal charges against a rail company and three of its employees following the Lac-Mégantic derailment and explosion last year. The director of criminal and penal prosecutions posted the public statement on the government’s website last evening. The statement asserts, “After having analyzed the body of evidence, the three...
Be Prepared for a “Process Safety Attack”
Posted on Apr 26, 2014 in Construction, Energy/Environmental, Investigations, Process Safety, Transportation, Workplace Safety | 0 comments
Safetylitigation.com founders Carter Williams and Matt Gatewood recently analyzed the legal attack to expect following a major incident in the January issue of Corporate Counsel under the headline, “Be Prepared for the Inevitable ‘Process Safety’ Attack.” In the article, they draw on their experiences in the Gulf of Mexico oil spill litigation and warn of the courtroom fallout after a...
Shareholder Derivative Suit Closely Follows Utility’s Indictment on Federal Charges Following September 2010 Pipeline Explosion
Posted on Apr 22, 2014 in Investigations, Process Safety, Transportation | Comments Off on Shareholder Derivative Suit Closely Follows Utility’s Indictment on Federal Charges Following September 2010 Pipeline Explosion
In what has become a typical play for plaintiffs’ lawyers following investigations of high profile incidents, an investor filed suit yesterday against current and former officers and directors of a utility for breach of fiduciary duty, alleging the defendants harmed the company by creating a corporate culture that “emphasized profits over customer safety” and contributed to a pipeline...
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