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Before joining DURA, Trigui served for more than 20 years in advanced technology and product engineering leadership positions with Ford Motor Co. and affiliated brands in North America and Europe. Since 2007, he led the corporate sustainability strategy, developing and implementing strategic plans and enabling technologies for Ford products globally. His efforts yielded major improvements in the global product fleet’s environmental footprint, showroom competitiveness\ and brand-favorable perception. Trigui holds a B.S., M.S. and Ph.D. in mechanical engineering from The Ohio State University. LSI President Brett Tennar says, “Steve’s success in developing operational strategies that improves the bottom line, builds teamwork, reduces waste and ensures quality product development and distribution checks many of the boxes of what we were looking for in a COO. This, coupled with his career in the Air Force working with highly technical systems and his in-depth understanding of Lean Six Sigma and Business Process Management sealed our offer. As our tagline states, our products are Powered by Science. This data driven approach is one reason why our company has grown exponentially as we employ the most advanced technology to product development. I am confident that Steve is the right person to drive operational strategy for our diverse and growing brands.” Advertisement AUBURN HILLS, Mich. – DURA Automotive Systems has announced the appointment of Nizar Trigui as EVP and Chief Technology Officer (CTO). Trigui, most recently serving as global chief engineer of sustainable mobility for Ford Motor Co., will lead all DURA new product development, advanced engineering and innovation activities. The newly created executive position reports directly to DURA CEO Lynn Tilton. “DURA’s commitment to investing in technological innovation as a means to create new market opportunities is unsurpassed,” said Trigui. “It is a rare opportunity to work with such a great executive, advanced manufacturing and technology team. I look forward to creating a bolstered innovation agenda that will serve our customers for the future.” AdvertisementClick Here to Read MoreAdvertisement,Lubrication Specialties Inc. (LSI), manufacturer of Hot Shot’s Secret brand of performance additives and oils, recently announced the expansion of senior leadership. Steve deMoulpied joins LSI as the company’s chief operating officer (COO). AdvertisementClick Here to Read MoreAdvertisement “Creating a culture of innovation, in both product and process, that provides vision and competitive advantage to our customers will be the lifeblood of the new DURA organization,” said Tilton. “We are delighted that Mr. Trigui has joined our team as chief technology officer; in a world of rapidly-evolving technology, his extensive experience and insights will enhance execution of the bold initiatives set forth for the coming years by our executive leadership.” DeMoulpied has a Bachelor of Science degree in Engineering Management from the United States Air Force Academy and a Master of Business Administration degree from the University of Dayton in Marketing and International Business. He served six years with the USAF overseeing the development of technology used on fighter aircraft and the E-3 Surveillance aircraft, finishing his career honorably as Captain. With more than 20 years of experience across multiple industries and functional areas, deMoulpied has particular expertise in organizations with complex technical products. Combined, his prior positions have required a spectrum of skills in corporate strategy, operations improvement, product quality, and revenue cycle management. He has an impressive history of utilizing data driven problem solving (Lean Six Sigma) and project management (PMP and CSM) to achieve strategic goals surrounding customer satisfaction, operational efficiency and improved profit. DeMoulpied comes to LSI from the Private Client Services practice of Ernst & Young where he managed strategy & operations improvement engagements for privately held client businesses. Some of his prior roles include VP of strategic development, director of strategic initiatives, and Lean Six Sigma Master Black Belt at OptumHealth, UnitedHealth Group’s health services business, as well as Lean Six Sigma Black Belt at General Electric, where he applied operations improvement principles to customer service, supply chain and product development. A successful entrepreneur, deMoulpied is also the founder of PrestoFresh, a Cleveland-based e-commerce food/grocery business.
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ITIC has warned that the so-called ‘hold harmless’ clauses in many of the contracts entered into by its members may contain pitfalls which could prejudice their rights. A mutual hold-harmless indemnity clause should provide that each party to the contract agrees to take responsibility for – and to indemnify the other against – injury and loss to its own personnel and property and its own consequential losses, even if the accident and related losses are caused by negligence. But ITIC notes that, in many of the contracts it reviews, the party with the greater bargaining power will naturally seek to swing the balance back in its favour.Writing in the latest issue of The Wire, the ITIC newsletter for the offshore and hydrographic sector, Robert Hodge, Senior Underwriter for the Offshore Sector, says, “It is staggering how often we see contracts stipulating that ‘the consultant shall indemnify the company against any and all losses’, yet there is no reciprocal benefit to the consultant. The clause must have a mutual provision.”Meanwhile, the mutual hold-harmless clauses seen by ITIC often leave the distribution of third-party liabilities unclear. Hodge says, “A hydrographic consultant on a survey vessel, for example, should be protected from third-party claims arising from the operation of the vessel. The consultant should not be responsible for potentially multi-million-dollar pollution liabilities or collision damages to third-party property. These should fall on the party which has insurance for these liabilities.”ITIC notes that, in some cases, it sees hold-harmless clauses amended to state that if one of the parties is found to be grossly negligent it will not be held harmless. Robert Hodge emphasises, “There is no true concept of gross negligence under English law. The line between negligence and gross negligence can become blurred, and cases will turn on facts and expert evidence. The inclusion of gross negligence within a hold-harmless clause in a contract pursuant to English law can lead to uncertainty and increased litigation costs.”ITIC also warns that the distinction between indirect and direct loss can be complicated. Robert Hodge says, “A common misconception is that all ‘loss of profits’ is indirect loss. This is wrong. Loss of profits can be either direct or indirect, depending on the facts of the case. If, for example, a consultant was providing design work for sub-sea equipment and carried out the design negligently, this could cause not only damage to property but also lost drilling time, leading to lost revenue and profit. In such a case, a tribunal could find that the loss of profit arose naturally from the breach and was therefore a direct loss not excluded under the hold-harmless clause.“Taking into account the current day rates of drill rigs, this could form a substantial part of any claim. The clause should be amended to state that loss of profits is excluded, whether direct or indirect.”ITIC concludes that hold-harmless clauses should be carefully reviewed to ensure that they are actually mutual.ITIC, February 28, 2014
ENN Energy Holdings reportedly entered into negotiations for a long-term LNG supply deal commencing around 2018 with an Asian supplier. Platts cited a source saying the company is working on long-term deliveries to its Zhoushan terminal, but the LNG supply source was not revealed.ENN has been in discussions with numerous Asia Pacific suppliers, but one portfolio supplier with offtake position in southeast Asia has been the focus of the company’s efforts.ENN’s 3 mtpa LNG terminal in Zheijang region, that is to be commissioned in late 2017 or early 2018 is to receive the deliveries. LNG World News Staff; Image: ENN
Should you really be congratulating Lawrence Davies in Lawyer in the News for jumping on the political correctness bandwagon, championing the rights of a Mexican national with a sense-of-humour failure? My own experience of the profession is that too many members take themselves too seriously. Perhaps, sometimes, when approached by a client on a matter such as this, one should just use the well-worn phrase ‘get a life’. JM Harrison, Bournemouth
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Numerical weather prediction (NWP) has significantly improved the accuracy of marine weather forecasting. However, International Union of Marine Insurance (IUMI) statistics indicate that the leading cause of total loss of shipping between 1996 and 2010 was the weather. From 2006 – 2010 weather accounted for 45 percent of total losses, according to IUMI.The Numerical Weather Prediction – a practical guide for mariners paper aims to explain the benefits and limitations of NWP, so that seafarers can recognise and understand the information presented and to make informed judgements on the sea. According to author Huw Davies, the guide “cuts through the jargon and complexity to provide mariners with the confidence and knowledge to exploit all of the advantages of modern meteorology and to avoid the pitfalls”. Please refer to the January/February 2013 edition of HeavyLift & Project Forwarding International magazine for a detailed review of the marine weather forecasting industry. www.nautinst.orgwww.iumi.com
The port authority backed a French transport ministry proposal nominating the Port of Dunkirk’s head, Cabau Woehrel, for the role of ceo, and her appointment to the board will now be ratified by a ministerial decree.Forneri has served on the board since it was established in 2009, while Andre is a newly appointed member of the supervisory board.A maximum of three further executive directors will be nominated by the new ceo for approval at an impending meeting of the supervisory board.Elsewhere in France, Jean-Philippe Laille has been re-elected president of the Council of Development for HAROPA’s Port of Rouen. Marseilles www.marseilles-port.frwww.haropaports.com
Whistleblowers in the legal profession do not trust the SolicitorsRegulation Authority enough to agree to report misconduct, the Law Societysaid today. The Society said there was no pressing need for a cooperation policy toencourage people to report colleagues for wrong-doing. In its response to the SRA’s consultation on a new ‘cooperation’ policy, the Law Society said the idea would be undermined by tensions between the profession and the regulator. ‘In order for the policy to work as intended, witnesses will need to trust the SRA (given the SRA will give no guarantees until there has been fulldisclosure). Trust between the SRA and the profession is limited and, whilewe recognise the SRA has been attempting to improve this, we do not believethat matters have improved to the extent where this policy will act as apositive incentive for potential witnesses.’ The Law Society response also questioned why a new policy was needed beforethe new regime of compliance officers had a chance to bed in. Unlike other regulators that have created a leniency scheme, such as theOffice of Fair Trading, misconduct was not as difficult to detect in the legal profession, the Society says. It says the new policy offers few extra incentives for witnesses to come forward than the current enforcement policy. In any case, theorganization argued, the principles of acting with integrity should act assufficient incentive for solicitors to report regulatory breaches. There would also be ‘serious questions¹ about the reliability of evidencefrom witnesses who admit their own part in dishonest actions. The consultation closed last month and the SRA is currently going throughresponses before finalizing its position. When it was launched in October, the SRA said it would enter co-operationagreements with possible witnesses who might also be in regulatorydifficulties. They would provide full disclosure and, if necessary, give live evidence ina court or tribunal. In return, their own conduct would be dealt with aspart of the agreement. Ends John Hyde