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New Rail Tank Car Usage Promises Safer Crude Oil Transport

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Added capacity of pipelines used to transport crude oil and declining prices are contributing to decreasing transport of crude oil—and an almost 97% drop in the use of older, less safe transport cars between 2014 and the end of March, Gannett reported this week.

Rail tank car shipments of crude oil from the Bakken oil fields in North Dakota have declined from a peak of 498,271 in 2014 to 424,996 in 2015, according to the Association of American Railroads. An AAR official made the announcement at a rail tanker car safety forum sponsored by the National Transportation Safety Board, according to Gannett.

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In the December 2013 report “Moving Crude Oil by Rail,” the AAR noted that the rail industry has been urging federal regulators “to toughen existing standards for new tank cars” and recommended that the estimated 92,000 existing tank cars used to transport flammable liquids, including crude oil, be retrofitted with advanced safety-enhancing technologies, or phased out if they cannot be upgraded.

While there are obvious issues with the transportation of oil by rail, the AAR has pointed out that railroads have an excellent safety record with crude, even surpassing pipelines in recent years. But the industry and federal regulators acknowledge there is much room for improvement.

The new, safer tank cars have thicker steel shells, insulating materials, full-size metal shields at each end and improved outlet valves underneath the car. Increased use of the new cars is good news for densely populated areas on the east and west coasts that have numerous trains—often of at least 100 tank cars—moving through daily.

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DOT 117 train car
A transportation law, the FAST Act, signed by President Obama in December 2015, includes new mandates for freight trains transporting crude oil through the U.S. The law requires that older tank cars be replaced by the newer, safer car for shipping flammable liquids by March 1, 2018, phasing out the older model used, according to the U.S. Department of Transportation.

A rail disaster in Lac-Mégantic, Canada, on July 26, 2013, that killed 42 people brought a heightened focus on the dangers of transporting highly flammable Bakken crude oil by train.

According to the DOT, the rule also:

  • Requires an enhanced tank car standard and an aggressive, risk-based retrofitting schedule for older tank cars carrying crude oil and ethanol.
  • Requires a new braking standard for certain trains that will offer a higher level of safety by potentially reducing the severity of an accident.
  • Designates new operational protocols for trains transporting large volumes of flammable liquids, such as routing requirements, speed restrictions, and information for local government agencies.
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  • Provides new sampling and testing requirements to improve classification of energy products placed into transport.

Protect Your Company from Intellectual Property Risks

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In intellectual property management, mistakes can be extremely costly, and are, unfortunately, easy for an IP manager to make.

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The stakes are high: these could cause your company to lose its intellectual property (IP) rights, or worse, may result in competitors obtaining those rights.

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Here are the Top 10 IP management slip-ups that can increase these threats to your company:

  • Failure to capture an invention  With the “America Invents Act,” the United States converted to “first to file” from “first to invent.” Unlike the olden days, the first one toCopyright file a new invention—not the first to invent it—gets the rights to the patent. If one of your inventors has a patentable idea and you don’t find out about it, you risk having a competitor file ahead of you.
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    Your company can also be excluded from using the invention, which may be a major setback.

  • Failure to meet statutory deadlines  Once you begin the patent filing process, you must meet strict statutory deadlines to file abroad and respond to communications from the patent offices. These include conversion to non-provisional status, application filing deadlines and national filing deadlines. Miss these dates and your patent rights disappear.
  • Failure to Stay in the Loop  Are there IP related conversations and actions happening in your company that you are not aware of? While you may be diligently tracking your activities, your inventors, attorneys or outside counsel could be taking actions (or not taking actions) that you need to know about. Things can easily fall through the cracks if you are not tracking them or in the loop. This may result in expensive mistakes and potential loss of patent rights.
  • Failure to Accurately Project Costs  There are costs associated with building an IP portfolio, including outside counsel fees, filing fees and maintenance fees. Your IP program can be adversely affected if you cannot accurately project what these fees will be and budget accordingly.
  • Failure to respond to patent trademark office actions on time  During prosecution, your patent applications will receive communications from patent offices. Either you or your outside counsel must respond to these on time. Failure to take timely actions, can lead to expensive penalties and/or loss of rights.
  • Failure to properly disclose material information  In many countries, including the U.S., you are required to file information disclosure statements that include all relevant prior art. These statements need to be consistent across all of your related patent applications. Failure to make proper disclosures can result in the loss of your patent rights.
  • Failure to maintain your patent  In most countries, you must pay regular maintenance fees for issued patents or annuities for pending applications. If you miss making a payment, are delinquent, or if a payment is not properly processed, you can lose your patent rights or may have to pay significant penalties to restore your rights.
  • Failure to enforce license obligations  If you have licensed patents to others, you need to monitor the agreement and track the royalty payments. Failure to do so can result in significant loss of royalty revenue, and unlicensed use of your IP.
  • Failure to align patent portfolio to business needs  Over time, your patent portfolio will grow. At the same time, your company’s business strategy may change. You need to monitor your portfolio to make sure it is aligned with your business needs. Maintaining a portfolio of low-value patents that doesn’t support your business strategy is a bad investment.
  • Failure to account for your IP portfolio  For companies with SEC reporting obligations, it is mandatory to accurately disclose your patent assets. If you don’t have an accurate picture of your actual portfolio, you will encounter costly and embarrassing legal problems.

As the IP manager, you are responsible for seeing that these failures don’t happen. While this is a challenge, it is one that you can meet by working closely with your inventors and outside counsel. You must also be very careful to track events in an IP calendar.

Smaller Companies More Vulnerable to Employee Theft

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It stands to reason that larger organizations would be more at risk of embezzlement by employees, but the reverse has been shown to be the case.

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Organizations with fewer than 150 employees are particularly at risk, accounting for 82% of all embezzlement cases, HiscoxHiscox2 found in its new report, Embezzlement Study: A report on White Collar Crime in America. Smaller organizations with tight-knit workforces are particularly vulnerable because of the trust and empowerment given to employees.

Incorporating employee theft cases active in the U.S. federal court system in 2015, the study found that 69% represented companies with less than 500 employees. Perpetrators are often “regular people who are smart, well-liked, and those you’d least expect to steal,” according to Hiscox.

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 How does a trusted employee become a criminal?

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Motivations can range from financial pressure to a belief that they are underpaid by the company.

Employees with more tenure, access and control over finances are found to take the largest amounts. While the type of fraud can vary by industry, what is consistent is access to funds. In fact, managers were found more likely to steal than other employees.

Hiscox3

For the second year in a row, the greatest number of cases, 17%, was in the financial services industry and second was nonprofits at 16%. Labor unions ranked third, followed by real estate/construction. The largest scheme was a $7 million loss in Texas; followed by ones in Connecticut at $9 million, Ohio at $8.7 million and Utah at $4 million.

Hiscox4

Schemes include taking cash or bank deposits, forging checks, fraudulent credit card use, fake invoices and false billing of vendors and payroll fraud.

Companies can protect themselves in a number of ways, including putting checks and balances in place, performing background checks on employees who handle money and teaching employees how to detect fraud, according to Hiscox.

Hiscox5

The study findings also include:

Hiscox

June Commercial Insurance Rates Up 1%

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The composite rate for commercial insurance placed in the United States rose to minus 1% in June from minus 2% in May, according to MarketScout. One of the most significant changes was rates for transportation accounts, which moved from minus 2% to plus 1%. Rates for every industry class, except habitation and transportation, moderated by 1%. Habitational rates were unchanged at minus 2%.

Industry class chart-1

Industry class list

“Insurers are getting tired of cutting rates,” said Richard Kerr, chief executive officer of MarketScout. “There are still pockets of very competitive business; however, it is beginning to look like insurers are willing to maintain the rate reductions of the past few years and not cut rates even further.

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Coverage classifications business owners policies (BOP), umbrella and professional liability all moderated by 1%, compared to the prior month. EPLI rates were up 1% and commercial auto rates moved from flat to plus 2%.

coverage class list
By account size, medium (,001 to 0,000) and large (0,001 to ,000,000) accounts moderated to minus 1% and 2% respectively.

Rates remained the same for all other account sizes.

Account size