Environmental Due Diligence in M&A Transactions: All Appropriate Inquiry, Bona Fide Purchaser Defense
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will discuss environmental due diligence in M&A transactions, including the types of environmental risks that can arise, assessing those risks in a transactional context, and certain liability defenses that may be available and obtained through the due diligence process.
- Conducting "all appropriate inquiry" and qualifying for the bona fide purchaser defense
- Tailoring the scope of the due diligence
- Development deals
- Building materials and indoor air quality
- Emerging issues in environmental due diligence
The panel will review these and other key issues:
- What are the best practices for evaluating and managing environmental risks in complex commercial transactions?
- How does a party conduct an "all appropriate inquiry"?
- How does a purchaser qualify as a bona fide purchaser?
- What are the most pressing emerging issues in environmental due diligence?
Miles & Stockbridge
Ms. Hwang Chairs the firm’s Environmental Practice. The breadth of her experiences representing multinational and... | Read More
Ms. Hwang Chairs the firm’s Environmental Practice. The breadth of her experiences representing multinational and national clients enables her to develop practical solutions to complex issues, whether involving complicated real estate/corporate acquisitions or divestitures or commercial financing matters to complex multi-defendant toxic tort claims, litigation, and multi-facility compliance matters. She works extensively with and appears before federal and state regulators and courts, has been certified as a LEED Green Associate by the U.S. Green Building Council, and has served as outside national environmental counsel to the firm’s major clients. Ms. Hwang has authored and lectured extensively before the American and Maryland State Bar Associations, Defense Research Institute, Government Institutes, National Association of Environmental Managers, and corporations on various environmental subjects.Close
Andrew J. Perel
Mr. Perel is an environmental partner at Troutman Pepper with more than 30 years of vast experience representing... | Read More
Mr. Perel is an environmental partner at Troutman Pepper with more than 30 years of vast experience representing clients on all aspects of environmental law, including real estate, environmental regulatory and risk management, and assessment matters. Mr. Perel has specific experience advising on development and redevelopment projects, risk management and insurance, remediation of contaminated properties, environmental compliance and due diligence for real estate financing and corporate transactions, and litigating complex environmental and environmental insurance coverage claims and disputes. Mr. Perel’s clients include financial institutions, real estate developers, redevelopers, REITs, and major players in the insurance, corporate, and hotel and hospitality industries. For his financial institution clients, Mr. Perel counsels on real estate acquisitions, development, and financings, as well as in commercial mortgage backed securities transactions. Mr. Perel currently serves as Vice-Chair of Programs for the Environmental Disclosure Committee of the American Bar Association’s Section of Environment, Energy and Resources.Close
Freedom S.N. Smith
Ms. Smith concentrates her practice in the areas of environmental and toxic tort litigation, environmental... | Read More
Ms. Smith concentrates her practice in the areas of environmental and toxic tort litigation, environmental insurance coverage, product liability and general business litigation. She has experience managing environmental liability in business transactions, hiring and working with environmental consultants to achieve client objectives, litigating cases for both public and private clients involving environmental clean-ups, and handling environmental insurance and coverage claims.Close