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Bloomberg Environment Talks Hurricane Harvey Case With Mark Farley

Firm News | August 10, 2018

Environmental and Workplace Safety head Mark Farley was quoted in a Bloomberg Environment article regarding the uphill battle prosecutors face in pursuing convictions against the executives of chemical company following a plant explosion after flooding from Hurricane Harvey in 2017. Mark stated, "It isn't clear if Arkema and its officials mishandled the chemicals willfully. Given the unprecedented nature of the flooding caused by Hurricane Harvey, I think it's unlikely that a jury is going to conclude that the company or the individuals' conduct was reckless." Mark noted that "This is certainly new territory in Texas," and that companies should consider storm preparedness as another means of limiting exposure to potential criminal indictments. ("Deep-Pocketed Arkema Tough Target for Texas Prosecutors (1)," August 7, 2018)

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