Identifying and Managing Environmental Risks in Commercial Transactions
Identifying, Quantifying and Allocating Potential Liabilities and Long-Term Environmental Obligations
A live 90-minute CLE webinar with interactive Q&A
Thursday, February 9, 2017
(Alert: Event date has changed from 1/12/2017!)
1:00pm-2:30pm EST, 10:00am-11:30am PST
This CLE webinar will provide guidance for counsel on key due diligence issues involved in corporate transactions. The panel will examine the impact of the deal structure and discuss due diligence methods and scope to identify environmental risks and liabilities as well as offer best practices for developing strategies to address and allocate these risks.
Almost all corporate and commercial transactions involve environmental compliance considerations or potential environmental liabilities. Environmental due diligence is critical to assessing the viability of the pending deal and the allocation of liabilities between the parties.
The methods and scope of due diligence and its use have been evolving in recent years. Depending on the deal structure and size of the deal, the scope and timing of the due diligence can vary widely. The increasing prevalence of representation and warranty insurance can also affect the nature of the due diligence.
Environmental due diligence in corporate transactions involves the evaluation of the known and potential liabilities and obligations related to the target company’s properties and operations. Counsel for buyers, sellers and lenders must be prepared to address those liabilities and understand the interplay between the limits on due diligence pre or post-closing and the remedies in the deal.
Listen as our authoritative panel examines how the deal structure affects environmental due diligence. The panel will also discuss preparations for due diligence, including determining the method and scope, and what is sufficient for environmental due diligence. The panel will also explore the potential risks discovered and the available protections. The panel will offer best practices for developing strategies to deal with these issues in the transaction approach and business planning.
- Purpose of environmental due diligence
- Common environmental risks
- Identify and quantify environmental risks
- Determine whether there are pre- or post-closing environmental requirements (e.g., permit transfers, notices related to transfer, CTA/ISRA, disclosure obligations)
- Conducting environmental due diligence
- Types of environmental due diligence
- Impact of deal structure (e.g., asset v. stock, merger, bankruptcy sale)
- Buyer/seller/lender perspectives
- Common mistakes
- Allocating and mitigating environmental risks
- Key contractual concepts and provisions
- Contractually allocating environmental risks
- Use of federal and state mitigation tools
- Environmental insurance
- Review of recent cases interpreting environmental provisions in contracts
The panel will review these and other key issues:
- What impact will the deal structure have on assessing the environmental risks and liabilities?
- What factors help determine the scope of environmental due diligence sufficient for corporate transactions?
- What are the best practices for evaluating and managing environmental risks in corporate transactions?
Lawrence P. Schnapf, Principal
Mr. Schnapf primarily concentrates on environmental risks associated with corporate, real estate and Brownfield transactions. He counsels clients on environmental compliance, and represents clients in federal and state environmental litigation, enforcement actions, administrative proceedings and private cost recovery actions. Mr. Schnapf has also written numerous articles on environmental law, and is the general editor/contributing author of “Environmental Issues in Business Transactions” published by the Business Law Section of the ABA. He is Chair of the Environmental Law Section of the New York State Bar Association and Co-Chair of the NYSBA Brownfield Task Force.
William J. Squires, III, Partner
Hinckley Allen & Snyder,
Mr. Squires represents buyers, sellers and lenders in the purchase and sale of operating businesses, real property and industrial facilities. He negotiates and structures business transactions, drafts contracts, and negotiates environmental insurance policies addressing environmental issues. Mr. Squires also devotes a significant portion of his practice to permitting, regulatory compliance, enforcement defense, wetlands matters, and environmental insurance disputes.
Live Webinar $297.00
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This webinar is eligible for at least 1.5 general CLE credits.
CLE credits are not available for PR.
*In KS, OH, PA, for more than 1 attendee on the connection you must contact Strafford CLE via email or call 1-800-926-7926 ext. 35 prior to the program for special instructions.
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CLE On-Demand Video $297.00
Available 48 hours after the live event
Includes full event recording plus handouts (available after live webinar).
Strafford is an approved provider and self-study CLE credit is available in most states.
AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)
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Recorded Webinar Download $297.00
Available 48 hours after the live event
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Available 24 hours after the live event
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plus $9.45 S&H
Available ten business days after the live event
Registration Plus Recorded Event
Live Webinar & Webinar Download $394.00
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Live Webinar & Audio Download $394.00
Recorded Audio Download (MP3) Only $97.00 with Registration/MP3 Combo
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CLE Credits By State
I liked that the presentation was in-depth with useful information and provided excellent written materials.
Dan J. Jordanger
Hunton & Williams
I liked the practical nature of the materials and use of examples and case summaries.
Parker Poe Adams & Bernstein
The presentations were excellent and timely, and I thought the Q&A was very good.
J. Thomas Carrato
The case study approach was extremely helpful and interesting on this timely topic.
Sullivan & Worcester
The program was very well organized and the speakers were prepared.
Kell Alterman & Runstein
Environmental Law Advisory Board
Loeb & Loeb
Shipman & Goodwin
Barnes & Thornburg
Akin Gump Strauss Hauer & Feld
Arnold & Porter
Gibson Dunn & Crutcher
Dinsmore & Shohl
Beveridge & Diamond
Crowell & Moring
Stroock & Stroock & Lavan
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