Identifying and Managing Environmental Risks in Commercial Transactions

Description

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.