Anticipating Post-Closing Environmental Issues in Real Estate Deals
Managing and Avoiding Post-Closing Consequences; Setting the Rules of Play
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide guidance to counsel for buyers, sellers and lenders in real estate transactions on structuring provisions that address post-closing environmental issues to ensure coverage for environmental liabilities. The panel will examine key provisions and lessons from recent court treatment of such provisions.
- Determining when to have the liability allocation fight—during contract negotiations or after the deal is closed?
- Addressing post-closing environmental issues in contract negotiations
- Who pays for what
- How will disputes be resolved
- Post-closing escrow agreements
- Dealing with banks (and their conditions on the loans post-closing)
- Best practices
The panel will review these and other key issues:
- When is the seller’s obligation to remediate any environmental contamination done?
- What are the key provisions of the post-closing escrow agreement? Why is it essential?
- What are the important lessons from recent court decisions for addressing post-closing issues when structuring agreements?
- What are best practices for allocating environmental risks in real property transactions?
Daniel A. Cantor
Arnold & Porter Kaye Scholer
Mr. Cantor has combined his dual training and experience as an environmental lawyer and a litigator into a broad-based... | Read More
Mr. Cantor has combined his dual training and experience as an environmental lawyer and a litigator into a broad-based practice focused on resolving disputes concerning environmental liabilities, as well as proactively managing and reducing potential liabilities. Mr. Cantor has significant experience in environmental risk transfer transactions, including the drafting and negotiating of risk transfer agreements and related environmental insurance products.Close
Cindy J. Karlson
Law Offices of Cindy J. Karlson
Ms. Karlson focuses on environmental and land use law, including compliance counseling, transactional work,... | Read More
Ms. Karlson focuses on environmental and land use law, including compliance counseling, transactional work, administrative matters and litigation. Her work involves pre-transaction counseling and structuring of deals, developing risk management strategies, negotiating contractual language on environmental risk and allocation of liability for known and unknown conditions, and environmental due diligence.Close
Daniella D. Landers
Ms. Landers focuses her practice on a broad range of environmental compliance, transactional and litigation matters.... | Read More
Ms. Landers focuses her practice on a broad range of environmental compliance, transactional and litigation matters. She counsels energy companies, manufacturers, industrial facilities, financial institutions, real estate interests and other businesses on complex environmental and related land use issues, including environmental risk assessment, environmental permitting and compliance, environmental due diligence in acquisitions and transactions, and natural resources damages claims, among others. Ms. Landers is a prolific speaker and writer on environmental and regulatory litigation issues.Close