Structuring Environmental Risk Transfers: Key Considerations

Navigating Scope of the Assumption, Financial Structure and Potential Tax Benefits

Recording of a 90-minute CLE webinar with Q&A

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Conducted on Wednesday, December 16, 2015

Recorded event now available

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Course Materials

This CLE course will provide guidance to environmental counsel for structuring environmental risk transfers. The panel will examine when risk transfers should be considered and the tools available to allocate risks.

Description

Parties in commercial transactions must carefully consider the risks of environmental liabilities involved in the transaction. Counsel structuring commercial transactions involving environmental risk should evaluate and allocate risks and liabilities, known and unknown. This enables clients and counsel to value the anticipated transaction and to minimize the likelihood of future environmental liabilities and regulatory compliance issues.

Environmental risk transfers can be an essential part of a company’s strategy to contractually limit some or all of its risk exposure with regard to contaminated property. This is particularly beneficial when the company is involved in a merger or sale of real property, among other transactions.

It is important for counsel to understand key considerations when structuring a risk transfer, including the scope of the assumption of liability, the financial structure of risk transfers, and the potential tax benefits.

Listen as our authoritative panel of environmental counsel examines environmental risk transfers, their pros and cons, when they should be considered, and the tools available to address the risks. The panel will also discuss key considerations and offer guidance for structuring a risk transfer.

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Outline

  1. Environmental risk transfers
    1. Pros and cons
    2. When they should be considered
  2. Tools available to address the risks
  3. Structuring risk transfers
    1. Key considerations
    2. Guidance for structuring a risk transfer

Benefits

The panel will review these and other key issues:

  • What are some of the limitations of risk transfers?
  • What tools are available to address the risks?
  • What key factors should the parties consider when drafting environmental risk transfers?

Faculty

Cantor, Daniel
Daniel A. Cantor
Partner
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

Gracer, Jeffrey
Jeffrey B. Gracer
Principal
Sive Paget & Riesel

Mr. Gracer's extensive experience includes hazardous substance and toxic tort litigation; environmental permitting...  |  Read More

William J. Squires, III, Esq.
William J. Squires, III, Esq.
Morgan Lewis & Bockius

Mr. Squires represents buyers, sellers and lenders in the purchase and sale of operating businesses, real property and...  |  Read More

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