Transactions
We serve as lead environmental counsel in U.S. and international transactions and counsel our clients on the management of material environmental risks and liabilities. The support we provide to law departments and due diligence teams is flexible depending upon the need, resources available, and the timing and size of any given transaction. We can manage environmental due diligence efforts working with technical consultants as appropriate, evaluate and assess legal environmental risks related to existing environmental due diligence review, and assist the deal team to prepare and negotiate key environmental provisions of contracts to ensure a timely signing or closing. We appreciate that each transactional matter is unique requiring varied legal support and technical resources to accomplish our clients’ business objectives in a cost effective manner. We think out of the box to help our clients close the deal by incorporating environmental insurance, post-closing remediation plans, and detailed indemnity provisions. Our experience includes large M&A transactions, private equity deals, debt offerings, joint ventures, complex real estate transactions, financings and internal investigations.
Some of our more recent environmental transaction matters include:
- Managing environmental work for the acquisition of corrugated contained recycling facilities in California
- Completing environmental due diligence and contract negotiations associated with the acquisition of a baking company in Illinois
- Leading environmental due diligence efforts for numerous debt offerings for a Fortune 100 company
- Assessing environmental liabilities in the context of a bankruptcy proceeding
- Conducting environmental due diligence for wind farm operation including follow up work on indemnification claims
- Representing a real estate developer bidding in an auction setting to develop a former missile site into a mixed use complex, evaluating environmental liabilities, determining the deed restrictions/land use controls needed and working with regulatory authorities to consider the viable options for site development
- Working with a Fortune 100 food company to conduct environmental due diligence and remediation on various properties across the U.S., ultimately preparing and negotiating environmental aspects of sale agreements
- Assist clients with environmental due diligence for numerous M&A and private equity deals in industry sectors including food, chemical, energy, defense and heavy manufacturing
- Counseling Fortune 100 companies on environmental disclosures in SEC filings and voluntary climate change, sustainability and environmental disclosure
- Negotiating financial assurance for CERCLA and RCRA cleanups as well as for private remedial projects
