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Note 14 - Commitments and Contingencies
3 Months Ended
Mar. 02, 2019
Notes to Financial Statements  
Commitments and Contingencies Disclosure [Text Block]
Note
14:
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
$10,532
and
$10,665
as of
March 2, 2019
and
December 1, 2018,
respectively, for probable and reasonably estimable environmental remediation costs. Of the amount reserved,
$4,634
and
$4,784
as of
March 2, 2019
and
December 1, 2018,
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:
 
   
Three Months Ended
   
3 Years Ended
 
   
March 2, 2019
   
March 3, 2018
   
December 1, 2018
 
Lawsuits and claims settled
 
 
1
     
2
     
30
 
Settlement amounts
 
$
12
    $
185
    $
3,423
 
Insurance payments received or expected to be received
 
$
8
    $
171
    $
2,530
 
 
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.
 
During
2018,
we retained legal counsel to conduct an internal investigation of the possible resale of our hygiene products into Iran by certain customers of our subsidiaries in Turkey (beginning in
2011
) and India (beginning in
2014
), in possible violation of the economic sanctions against Iran administered by the U.S. Department of the Treasury’s Office of Foreign Assets (“OFAC”) and our compliance policy. The sales to these customers represented less than
one
percent of our net revenue in each of our last
three
fiscal years.  The sales to the customers who were reselling our products into Iran ceased during fiscal year
2018
and we do
not
currently conduct any business in Iran. In
January 2018,
we voluntarily contacted OFAC to advise it of this internal investigation and our intention to cooperate fully with OFAC and, in
September 2018,
we submitted the results and findings of our investigation to OFAC. We have
not
yet received a response from 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.