XML 80 R20.htm IDEA: XBRL DOCUMENT v3.20.1
COMMITMENTS AND CONTINGENCIES
12 Months Ended
Dec. 31, 2019
Commitments and Contingencies Disclosure [Abstract]  
COMMITMENTS AND CONTINGENCIES

13. COMMITMENTS AND CONTINGENCIES

 

Leases

 

The company leases certain offices, facilities and equipment under operating and financing leases. Our leases have remaining terms of 1 year to 7 years some of which contain options to extend up to 10 years. As of December 31, 2019 and 2018, assets recorded under finance leases were $1,253 and $864, respectively, and accumulated amortization associated with finance leases was $571 and $343, respectively.

 

The components of the lease expense were as follows:

 

 

 

For the Year Ended

 

 

 

December 31,

 

 

 

2019

 

 

2018

 

Operating lease cost

 

 

$

677

 

 

$

592

 

 

 

 

 

 

 

 

 

 

 

Finance lease cost

 

 

 

 

 

 

 

 

 

Amortization of right-of-use asset

 

 

$

284

 

 

$

187

 

Interest on lease liabilities

 

 

 

53

 

 

 

40

 

Total finance lease cost

 

 

$

337

 

 

$

227

 

 

Other information related to leases was as follows:

 

Supplemental Cash Flows Information

 

 

 

December 31,

 

 

 

2019

 

 

2018

 

Cash paid for amounts included in the measurement of lease liabilities

 

 

 

 

 

 

 

Operating cash flows from operating leases

 

 

$

664

 

 

$

598

 

Operating cash flows from finance leases

 

 

 

53

 

 

 

40

 

Financing cash flows from finance leases

 

 

 

281

 

 

 

170

 

Right-of-use assets obtained in exchange for lease obligations:

 

 

 

 

 

 

 

 

 

Operating leases

 

 

 

599

 

 

 

515

 

Finance leases

 

 

 

62

 

 

 

54

 

 

Weighted Average Remaining Lease Term

 

 

December 31,

 

2019

 

2018

Operating leases

2 years

 

3 years

Finance leases

2 years

 

2 years

 

Weighted Average Discount Rate

 

 

 

December 31,

 

 

 

2019

 

 

2018

 

Operating leases

 

 

5.50

%

 

 

5.50

%

Finance leases

 

 

6.90

%

 

 

6.50

%

 

 

Future minimum lease payments under non-cancellable leases as of December 31, 2019 were as follows:

 

 

 

Operating

 

 

Finance

 

 

 

Leases

 

 

Leases

 

2020

 

 

 

677

 

 

 

281

 

2021

 

 

 

401

 

 

 

330

 

2022

 

 

 

91

 

 

 

140

 

2023

 

 

 

 

 

 

124

 

Total future minmum lease payments

 

 

 

1,169

 

 

 

875

 

Less imputed interest

 

 

 

(62

)

 

 

(93

)

Total future minmum lease payments

 

 

$

1,107

 

 

$

782

 

Reported as of December 31, 2019:

 

 

 

Operating

 

 

Finance

 

 

 

Leases

 

 

Leases

 

Accounts payable and accrued liabilities

 

 

$

632

 

 

$

236

 

Other long-term liabilities

 

 

 

475

 

 

 

546

 

Total

 

 

$

1,107

 

 

$

782

 

 

Litigation and Claims

 

The Company is from time to time party to various lawsuits, claims and other proceedings that arise in the ordinary course of our business.

 

On January 11, 2016, Myers Power Products, Inc., a specialty electrical products manufacturer, filed suit with the Superior Court of the State of California, County of Los Angeles, against us, PCEP and two PCEP employees who are former employees of Myers Power Products, Inc., Geo Murickan, the president of PCEP (“Murickan”), and Brett DeChellis (“DeChellis”), alleging, among other things, that Murickan wrongly used and retained confidential business information of Myers Power Products, Inc. for the benefit of us and PCEP, in breach of their confidentiality agreement and/or employment agreement entered into with Myers Power Products, Inc., and that we and PCEP knowingly received and used such confidential business information. Myers Power Products, Inc. is seeking injunctive relief enjoining us, PCEP and our employees from using its confidential business information and compensatory damages of an unspecified unlimited amount (exceeding $25,000); however, the Company has recognized approximately $1.2 million for expected costs related to this litigation. On March 18, 2016, we filed an answer to the complaint, denying generally each and every allegation and relief sought by Myers Power Products, Inc. and seeking dismissal based on, among other things, failure to state facts sufficient to constitute a cause of action. We intend to contest the matter vigorously. Due to the uncertainties of litigation, however, we can give no assurance that we, PCEP and our employees will prevail on any claims made against us, PCEP and our employees in any such lawsuit. As of the filing of this report, this action is scheduled for trial in the second quarter of 2020. Also, we can give no assurance that any other lawsuits or claims brought in the future will not have an adverse effect on our financial condition, liquidity or operating results. We cannot execute the sale of PCEP until the lawsuit has been resolved.

 

On October 4, 2019, the dividend that was payable by the Company was enjoined by court order of the Superior Court of California related to the foregoing case. The Company continues to contest the order. As of the date of this filing, this court order remains in place. On October 16, 2019, Myers Power Products, Inc. filed an ex parte application arguing the Company had violated, or intended to violate the modified preliminary injunction and sought order from the court for the Company to post a bond in an amount of $20,000 or more. The court has not taken any action on this request and the Company intends to vigorously defend its rights in the event the order is granted.

 

There are also two appeals pending in the California Court of Appeals for the Second Appellate District, which includes an appeal of an order modifying a previously issued preliminary injunction and an order enjoining us to obtain and post a $12 million bond in connection with the modified preliminary injunction. Due to the uncertainties of litigation, the Company can give no assurance that it will prevail on the appeals. These appeals are currently scheduled to be heard later in calendar year 2021, after the underlying case is likely to be heard and decided.

 

With respect to all such lawsuits, claims and proceedings, the Company records a reserve when it is probable that a liability has been incurred and the amount of loss can be reasonably estimated. However, the outcomes of any currently pending lawsuits, claims and proceedings cannot be predicted, and therefore, there can be no assurance that this will be the case.