Law Resulting News

“An ounce of prevention is worth a pound of cure.” – Henry de Bracton, DeLegibus, ~1240Often clients or prospective clients come to me with a commercial contract issue perched on the precipice of full-blown litigation or arbitration. When I ask to see the contract, often times I see errors in drafting that either (1) give rise to the problem before me or (2) could create a bigger problem for the client in the future.The risk of drafting error is higher for Europeans looking to contract with American companies.

The Benefits to the Scope of Coverage in an Expanded Responder Immunity Regime are many. The response industry has been extremely supportive of a coalition effort to work with Congress to enact enhancements to the current responder immunity provisions enacted by the Oil Pollution Act of 1990 (“OPA 90”). Unfortunately, however, Congress has not taken immediate action following the Deepwater Horizon incident, which occurred almost 3.5 years ago, like it did following the Exxon Valdez incident in 1989 to enact legislation to remedy deficiencies identified as a result of the incident. Congress acted in approximately 18 months following the Exxon Valdez incident.