Allocating Environmental Risks and Liabilities
Structuring Contract Provisions to Limit Risk in Commercial Transactions
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide guidance for environmental counsel to structure and negotiate representations and warranties, indemnities, and other provisions to allocate environmental risks and liabilities in commercial transactions.
Outline
- Overview of potentially applicable environmental laws
- Effective due diligence: its scope and objectives
- Distinctions among equity, asset and real estate deals
- Drafting techniques for allocating environmental risks and liabilities
- Non-contractual alternatives to commercial transaction risk allocation
Benefits
The panel will review these and other key questions:
- What factors should the parties consider when drafting provisions for allocating environmental risks and liabilities?
- What are the key environmental issues when negotiating the representations and warranties provisions in the contract?
- How should the parties seek to expand or limit the scope of the indemnity provision for breaches of representations and warranties?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Faculty
Edward L. Strohbehn, Jr.
Of Counsel
Bingham McCutchen
He advises clients regarding regulatory compliance and environmental risk issues associated with the redevelopment of... | Read More
He advises clients regarding regulatory compliance and environmental risk issues associated with the redevelopment of contaminated sites, including those with vapor intrusion issues. He works with clients in developing strategies for addressing vapor intrusion issues. He assists clients in conducting environmental due diligence, negotiating transactions, and drafting commercial contract provisions for corporate asset and stock acquisitions. He was a member of the ASTM Vapor Intrusion Task Group that developed the ASTM E2600-10 Guide for Vapor Encroachment Screening.
CloseWilliam J. Squires, III
Counsel
Bingham McCutchen
He focuses his practice on environmental, real estate and land use matters. He counsels clients on environmental... | Read More
He focuses his practice on environmental, real estate and land use matters. He counsels clients on environmental issues, including the acquisition of operating businesses; the redevelopment of contaminated properties; and enforcement defense, permitting and regulatory compliance matters. He negotiates and structures business transactions and negotiates environmental insurance policies.
CloseMichael S. McDonough
Partner
Bingham McCutchen
He represents municipalities and private entities in complex environmental litigation, administrative and enforcement... | Read More
He represents municipalities and private entities in complex environmental litigation, administrative and enforcement matters on issues ranging from climate change and air quality enforcement, to assessing cleanup liability and managing issues involving insolvent PRPs and orphan shares, to soil and water quality issues, to environmental management and ISO 14001 issues.
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