Identifying and Managing Environmental Risks in Commercial Transactions
Identifying, Quantifying and Allocating Potential Liabilities and Long-Term Environmental Obligations
Recording of a 90-minute CLE webinar with Q&A
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.
- 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
Mr. Schnapf primarily concentrates on environmental risks associated with corporate, real estate and Brownfield... | Read More
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.Close
William J. Squires, III
Hinckley Allen & Snyder
Mr. Squires represents buyers, sellers and lenders in the purchase and sale of operating businesses, real property and... | Read More
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.Close