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Note 16 - Commitments and Contingencies
6 Months Ended
Jun. 02, 2018
Notes to Financial Statements  
Commitments and Contingencies Disclosure [Text Block]
Note
16:
Commitments and Contingencies
 
Environmental Matters
 
 
From time to time, we become aware of compliance matters relating to, or receive notices from, federal, state or local entities regarding possible or alleged violations of environmental, health or safety laws and regulations. We review the circumstances of each individual site, considering the number of parties involved, the level of potential liability or our contribution relative to the other parties, the nature and magnitude of the hazardous substances involved, the method and extent of remediation, the estimated legal and consulting expense with respect to each site and the time period over which any costs would likely be incurred. Also, from time to time, we are identified as a potentially responsible party (“PRP”) under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and/or similar state laws that impose liability for costs relating to the clean up of contamination resulting from past spills, disposal or other release of hazardous substances. We are also subject to similar laws in some of the countries where current and former facilities are located. Our environmental, health and safety department monitors compliance with applicable laws on a global basis. To the extent we can reasonably estimate the amount of our probable liabilities for environmental matters, we establish an undiscounted financial provision. We recorded liabilities of
$10,959
and
$11,380
as of
June 2, 2018
and
December 2, 2017,
respectively, for probable and reasonably estimable environmental remediation costs. Of the amount reserved,
$4,896
and
$5,000
as of
June 2, 2018
and
December 2, 2017,
respectively, is attributable to a facility we own in Simpsonville, South Carolina as a result of our Royal Adhesives acquisition that is a designated site under CERCLA.
 
Currently we are involved in various environmental investigations, clean up activities and administrative proceedings and lawsuits. In particular, we are currently deemed a PRP in conjunction with numerous other parties, in a number of government enforcement actions associated with landfills and/or hazardous waste sites. As a PRP, we
may
be required to pay a share of the costs of investigation and clean up of these sites. In addition, we are engaged in environmental remediation and monitoring efforts at a number of current and former operating facilities. While uncertainties exist with respect to the amounts and timing of the ultimate environmental liabilities, based on currently available information, we have concluded that these matters, individually or in the aggregate, will
not
have a material adverse effect on our results of operations, financial condition or cash flow.
 
Other Legal Proceedings
 
 
From time to time and in the ordinary course of business, we are a party to, or a target of, lawsuits, claims, investigations and proceedings, including product liability, personal injury, contract, patent and intellectual property, environmental, health and safety, tax and employment matters. While we are unable to predict the outcome of these matters, we have concluded, based upon currently available information, that the ultimate resolution of any pending matter, individually or in the aggregate, including the asbestos litigation described in the following paragraphs, will
not
have a material adverse effect on our results of operations, financial condition or cash flow.
 
We have been named as a defendant in lawsuits in which plaintiffs have alleged injury due to products containing asbestos manufactured more than
30
years ago. The plaintiffs generally bring these lawsuits against multiple defendants and seek damages (both actual and punitive) in very large amounts. In many cases, plaintiffs are unable to demonstrate that they have suffered any compensable injuries or that the injuries suffered were the result of exposure to products manufactured by us. We are typically dismissed as a defendant in such cases without payment. If the plaintiff presents evidence indicating that compensable injury occurred as a result of exposure to our products, the case is generally settled for an amount that reflects the seriousness of the injury, the length, intensity and character of exposure to products containing asbestos, the number and solvency of other defendants in the case, and the jurisdiction in which the case has been brought.
 
A significant portion of the defense costs and settlements in asbestos-related litigation is paid by
third
parties, including indemnification pursuant to the provisions of a
1976
agreement under which we acquired a business from a
third
party. Currently, this
third
party is defending and paying settlement amounts, under a reservation of rights, in most of the asbestos cases tendered to the
third
party.
 
In addition to the indemnification arrangements with
third
parties, we have insurance policies that generally provide coverage for asbestos liabilities, including defense costs.  Historically, insurers have paid a significant portion of our defense costs and settlements in asbestos-related litigation. However, certain of our insurers are insolvent.  We have entered into cost-sharing agreements with our insurers that provide for the allocation of defense costs and settlements and judgments in asbestos-related lawsuits.  These agreements require, among other things, that we fund a share of settlements and judgments allocable to years in which the responsible insurer is insolvent.
 
A summary of the number of and settlement amounts for asbestos-related lawsuits and claims is as follows:
 
   
Six Months Ended
   
3 Years Ended
 
   
June 2, 2018
   
June 3, 2017
   
December 2, 2017
 
Lawsuits and claims settled
 
 
3
     
7
     
9
 
Settlement amounts
 
$
195
    $
1,423
    $
1,673
 
Insurance payments received or expected to be received
 
$
186
    $
1,132
    $
1,365
 
 
We do
not
believe that it would be meaningful to disclose the aggregate number of asbestos-related lawsuits filed against us because relatively few of these lawsuits are known to involve exposure to asbestos-containing products that we manufactured. Rather, we believe it is more meaningful to disclose the number of lawsuits that are settled and result in a payment to the plaintiff. To the extent we can reasonably estimate the amount of our probable liabilities for pending asbestos-related claims, we establish a financial provision and a corresponding receivable for insurance recoveries. 
 
Based on currently available information, we have concluded that the resolution of any pending matter, including asbestos-related litigation, individually or in the aggregate, will
not
have a material adverse effect on our results of operations, financial condition or cash flow.
 
We have retained legal counsel to conduct an internal investigation of possible resale of our products by certain customers to Iran contrary to U.S. law and regulations and our compliance policy. The sales to those particular customers being investigated represented less than
one
percent of our net revenue in each of our last
three
fiscal years.  The investigation also includes a review of sales by our subsidiaries in Turkey (beginning in
2011
) and India (beginning in
2014
) in possible violation of the sanctions regulations of the Office of Foreign Assets Control (“OFAC”) and other applicable laws and regulations.  In
January 2018,
we voluntarily contacted OFAC to advise it of this internal investigation and our intention to cooperate fully with OFAC.  At this time, we cannot predict the outcome or effect of the investigation, however, based on the results of our investigation to date, we believe we could incur penalties ranging from
zero
to
$10,000.