With ever-increasing interest and scrutiny from regulators, investors, and the broader public, environmental issues are a critical and high-stakes aspect of corporate transactions. The underlying laws are complicated, evolving and often misunderstood, the liabilities can sometimes be latent or unquantifiable, the risks can be huge and long-lasting, and the reputational damage can be profound. Engaging counsel to help navigate the due diligence process and negotiate contractual and other protection with respect to environmental risks is crucial.
This course is designed to help in-house counsel and environmental lawyers and specialists understand the nature of environmental risks and how parties to a transaction can use the diligence process, the transaction documents, and insurance to protect themselves against these risks. Join Davis Polk counsel David A. Zilberberg as he uses a “buy-side” hypothetical case study to provide a practical, hands-on introduction to environmental risks, the purpose and process of environmental due diligence, and the methods to negotiate contractual and other protection from environmental risks, while highlighting important trends impacting the management of these risks in corporate transactions.
Mr. Zilberberg is counsel in Davis Polk's Corporate Department, practicing in the Environmental Group. He advises clients with respect to environmental, sustainability and mass tort liability issues in connection with all aspects of complex corporate and real estate transactions. He has worked on transactions relating to a wide variety of environmentally sensitive industries, including oil and gas exploration and refining, transportation, consumer products and chemical manufacturing.
Outside of the transactional context, Mr. Zilberberg advises clients with respect to compliance with environmental laws and regulations, development of internal environmental policies and procedures, assessment of environmental and mass- tort risks and liabilities and contractual disputes and enforcement proceedings relating to environmental matters.
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