Navigating the Due Diligence Process in Corporate Transactions with Respect to Environmental Risk

Streams live on: Tuesday, October 16, 2018 at 10:00am EDT

Course Format Webcast

Taught by


Course Description

Estimated Duration 60 Minutes
Difficulty Intermediate

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.

Learning Objectives:
  1. Examine the key sources of environmental liabilities and the risk they pose in a transaction
  2. Discuss the process and purpose of environmental due diligence and how to tailor it to the nature of the transaction and the client’s objectives
  3. Explore how to best protect against those risks and liabilities via contractual provisions and other risk management tools
  4. Identify key emerging trends relating to the management of environmental risk in corporate transactions


David A. Zilberberg

Davis Polk & Wardwell LLP

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.


Professional History

  • Counsel, Davis Polk since 2015
  • Special Counsel, Fried, Frank, Harris, Shriver & Jacobson, 2013-2015
  • Associate, Fried, Frank, Harris, Shriver & Jacobson, 1998-2013


  • EPA Issues Ambitious Clean Power Plan Mandating Significant Reductions to GHG Emissions from the Power Industry by 2030 | Pratt's Energy Law Report, Vol. 15-9, LexisNexis, October 2015
  • Bona Fide Prospective Purchaser Defense: Why Has It Failed to Deliver? | New York Law Journal, Vol. 248 - No. 26, August 7, 2012



$ 59 Environmental Law and Business, Corporate, & Securities Law In Stock


Course is pending approval in the following states: Kentucky (CLE), Virginia (CLE). Click here to learn more .

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