Lockheed Martin 2011 Annual Report Download - page 86

incurred if the plaintiffs were to prevail in the allegations, but believe that we have substantial defenses. We dispute the
allegations and are defending against them. On March 31, 2009, the Judge dismissed a number of the plaintiffs’ claims,
leaving three claims for trial, specifically the plaintiffs' claims involving the company stock funds, the Stable Value Fund,
and overall fees. The Court also granted class certification on two of the plaintiffs’ claims. We appealed the class
certification. On March 15, 2011, the U.S. Court of Appeals for the Seventh Circuit vacated the Court’s class certification.
The case has been remanded to the District Court.
On August 28, 2003, the DoJ filed complaints in partial intervention in two lawsuits filed under the qui tam provisions
of the Civil False Claims Act in the U.S. District Court for the Western District of Kentucky, United States ex rel. Natural
Resources Defense Council, et al., v. Lockheed Martin Corporation, et al., and United States ex rel. John D. Tillson v.
Lockheed Martin Energy Systems, Inc., et al. The DoJ alleges that we committed violations of the Resource Conservation and
Recovery Act at the Paducah Gaseous Diffusion Plant by not properly handling, storing, and transporting hazardous waste
and that we violated the False Claims Act by misleading Department of Energy officials and state regulators about the nature
and extent of environmental noncompliance at the plant. The complaint does not allege a specific calculation of damages,
and we cannot reasonably estimate the possible loss, or range of loss, which could be incurred if the plaintiff were to prevail
in the allegations, but believe that we have substantial defenses. We dispute the allegations and are defending against them.
We resolved or reached an agreement in principle to resolve three previously disclosed matters without a material effect
to the Corporation’s financial statements. These matters were:
•United States ex rel. Becker and Spencer v. Lockheed Martin Corporation, et al., which was filed in the U.S.
District Court for the Northern District of Texas and alleged that a subcontractor submitted invalid invoices under
the False Claims Act.
• An arbitration proceeding with the U.K. Ministry of Defence related to the “Soothsayer” contract for electronic
warfare equipment.
• The litigation we have been in with certain residents of Redlands, California, since 1997 before the California
Superior Court for San Bernardino County regarding alleged contribution to regional groundwater contamination.
The United States ex rel. Becker and Spencer and the Redlands matters remain pending, but we expect that they will be
resolved definitively in the near term.
Environmental Matters
We are involved in environmental proceedings and potential proceedings relating to soil and groundwater
contamination, disposal of hazardous waste, and other environmental matters at several of our current or former facilities, or
at third-party sites where we have been designated as a potentially responsible party (PRP). A substantial portion of
environmental costs will be included in our net sales and cost of sales in future periods pursuant to U.S. Government
regulations. At the time a liability is recorded for future environmental costs, we record a receivable for estimated future
recovery considered probable through the pricing of products and services to agencies of the U.S. Government, regardless of
the contract form (e.g., cost-reimbursable, fixed price). We continuously evaluate the recoverability of our environmental
receivables by assessing, among other factors, U.S. Government regulations, our U.S. Government business base and
contract mix, and our history of receiving reimbursement of such costs. We include the portion of those environmental costs
expected to be allocated to our non-U.S. Government contracts, or that is determined to be unallowable for pricing under
U.S. Government contracts, in our cost of sales at the time the liability is established.
At December 31, 2011 and 2010, the aggregate amount of liabilities recorded relative to environmental matters was
$932 million and $935 million, of which $814 million and $807 million is recorded in other liabilities on the Balance Sheets
at December 31, 2011 and 2010, with the remainder recorded in other current liabilities. We have recorded receivables
totaling $808 million and $810 million at December 31, 2011 and 2010, for the estimated future recovery of these costs, as
we consider the recovery probable based on the factors previously mentioned. Of those amounts, $706 million and
$699 million are recorded in other assets on the Balance Sheets at December 31, 2011 and 2010, with the remainder recorded
in other current assets. We project costs and recovery of costs over approximately twenty years.
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