Company or Facility Sale & Acquisition
- the scope, timing and cost of Environmental, Health and Safety due diligence, including oversight of consultants;
- liability allocation, including the pros and cons of seeking bona fide prospective purchaser or innocent purchaser status or other special status conferred by state Brownfields programs;
- Internal and external liability-shifting mechanisms like indemnities and insurance; and
- Complex shared services agreements when portions of large complexes are sold, and access agreements when pre-Close remediation liabilities are retained by sellers.
Significantly, our Environmental business transaction attorneys not only participate as part of the transaction team when the firm’s business services group is handling the entire deal, but we regularly partner with other firms who have been requested to take the corporate lead in large transactions. We have partnered with firms in cities such as New York, Philadelphia, Chicago, Los Angeles and San Francisco domestically, and with firms in Canada, Mexico, Europe and South America on international transactions. We have also developed an excellent network of Environmental counsel abroad to assist us with transactions that include operations in foreign jurisdictions.
– Dean A. Calland