April 26, 2024

Spill Claims Rising, BP Announces Weak Results

BP’s chief executive, Robert W. Dudley, told reporters that the company was determined to fight what he called “false and fictitious” claims under a settlement last year with lawyers for businesses that incurred damage from the spill.

The oil giant said that the administrators of the settlement had made excessive payments to businesses, including to some that did not suffer damage. Mr. Dudley added that BP would try to recover payments already made if it considered them unfair.

BP originally estimated that the settlement would cost $7.8 billion, but increased that estimate on Tuesday to $9.6 billion, stressing the final cost would most likely be “significantly higher.” While the company still has about $6.9 billion in a fund to pay such damages, BP is setting aside more money to cover potential legal costs.

The overall charges stemming from the spill rose $200 million to $42.4 billion at the end of the quarter. Separately, the first phase of a civil trial in New Orleans to determine the liabilities of BP and other companies finished in April and is scheduled to resume on Sept. 30. Billions of dollars in damages for BP will be at stake in the court’s ruling. Mr. Dudley said he thought it was “highly unlikely” that BP would enter into detailed settlement discussions in the case.

“As we continue to fight what I think are absurd outcomes,” he said, “we want everyone to know that we are digging in and are well-prepared for the long haul on legal matters.”

BP shares were down about 3.4 percent in London.

The company’s tough stance came as BP reported second quarter profit of $2.7 billion after certain adjustments, down 25 percent from the previous year and substantially below analysts’ consensus. The company said lower oil prices, as well as unfavorable tax rates, in Russia and elsewhere, weighed on its results.

The company also continues to deal with the repercussions of the gulf spill, which left 11 people dead and spilled millions of barrels of oil. BP’s output in the United States dropped 4.4 percent from the previous year, reflecting asset sales and a post-spill moratorium on drilling. BP said that production in the third quarter was expected to be lower.

Since 2010, the company has sold about $38 billion worth of assets outside Russia, mostly oil and gas fields that it deemed nonessential, to help pay for its legal issues. It completed a sale earlier this year of its 50 percent stake in its Russian affiliate TNK-BP to Rosneft for $12 billion in cash and shares in the company. These divestments have left BP a considerably smaller company but one that Mr. Dudley said would be more focused, safer and, eventually, more profitable.

“We continue to build a strong platform to deliver value and sustained growth in operating cash flow,” he said.

Peter Hutton, an analyst at RBC Capital Markets in London, wrote in a research note on Tuesday that, given the lower production and maintenance issues, “signals of operating momentum remain difficult to show.”

A central reason for BP’s disappointing performance was the low contribution from BP’s nearly 20 percent shareholding in Rosneft, the Russian state-controlled oil giant. Mr. Hutton said that BP’s share of Rosneft’s net income, $218 million, was roughly one-third of expectations.

While BP and Rosneft are still in the early days of their partnership, the earnings of the venture, which accounts for 30 percent of BP’s output, may be difficult to forecast. Mr. Hutton said the recent results highlighted “how opaque results are difficult to predict.” BP said that Rosneft’s profit was hit by the weakness of the Russian ruble against the American dollar as well as an export duty regime that has a bigger negative impact at times of falling prices.

BP did have pockets of strength. The company said that it had bought back $2.4 billion worth of shares as of July 26 in what is expected to be an $8 billion program. It also announced that it would pay a dividend of 9 cents a share for the quarter, up from 8 cents the previous year though unchanged from the first quarter.

“As of two or three years ago we were a weaker company,” Mr. Dudley said. “Now our balance sheet is strong again.”

Article source: http://www.nytimes.com/2013/07/31/business/global/bp-reports-drop-in-second-quarter-income.html?partner=rss&emc=rss

National Briefing | South: Louisiana: Payments for Gulf Spill Resume

Kenneth R. Feinberg, administrator of the $20 billion fund created to pay damages from the 2010 Gulf of Mexico oil spill, has reopened the cash window. Mr. Feinberg halted payments on Tuesday while seeking clarification from the federal judge overseeing litigation related to the disaster. Judge Carl J. Barbier recently ruled that 6 percent of settlements after Nov. 7 be put in escrow for certain plaintiff litigation expenses. On Wednesday, he issued a ruling stating that the payment only applies to new settlements, and that the 6 percent will be calculated from the net amount of the settlement after withholding for liens and other obligations, not from the gross amount.

Article source: http://feeds.nytimes.com/click.phdo?i=84f62de17d38a34b97a648c13d7ae308

Jury Rebuffs Mattel, Giving Bratz Dolls Rights to a Rival

SANTA ANA, Calif. (AP) — A federal jury on Thursday rejected Mattel’s claims that it owns the copyright to the blockbuster billion-dollar Bratz dolls and instead awarded an upstart rival, MGA Entertainment, more than $88 million in damages for misappropriation of trade secrets.

The jury, which deliberated for nearly two weeks after a three-month trial, also found that Mattel had acted willfully and maliciously in misappropriating MGA’s trade secrets. MGA lawyers said that raised the possibility the judge could increase the damages by up to three times the jury’s award.

The verdict will allow MGA to regain control of its flagship fashion doll, which was introduced in 2001, and to once again try to compete with Mattel’s Barbie doll.

“If Mattel had won this lawsuit, MGA would have been wiped out, and that’s what Mattel wanted to do,” MGA’s lawyer, Jennifer L. Keller, said.

Mattel’s chief executive, Robert A. Eckert, who was present for the verdict, said in a statement that the company was disappointed.

“But we remain committed to protecting the intellectual property that is at the heart of business success,” the statement said. “Mattel’s first priority is, and always has been, to make and sell the best toys in the world.”

Mattel first sued MGA more than six years ago, claiming the Bratz designer Carter Bryant had been working for Mattel when he designed the dolls.

Hundreds of millions of dollars in potential damages and the rights to a blockbuster toy were at stake in the case, which cost each side millions in legal fees as it dragged on.

MGA’s chief executive, Isaac Larian, openly wept while listening to the verdicts. Despite the verdict, he questioned whether Bratz dolls would be able to make a comeback in the aftermath of the suit.

“Mattel killed the Bratz brand. It is never going to be the same level as it was before,” he said.

Still, he hoped the verdict would send a message to Mattel that it was not all right to bully small-time entrepreneurs trying to break into the industry.

“I think justice prevailed in the end,” Mr. Larian said. “Hopefully this will be a major lesson for Mattel.”

MGA has always denied Mattel’s copyright claims and countersued the larger company on the grounds of misappropriation of trade secrets and unfair business practices by engaging in corporate espionage at toy fairs and conspiring to keep Bratz products off retail shelves.

Article source: http://feeds.nytimes.com/click.phdo?i=a7f7985772630ca194d5ed2b40360273