Akin Gump Strauss Hauer & Feld LLP’s environment and natural resources practice assists clients in all phases of transactional support, including assessment of risks associated with current and future environmental requirements, negotiation of deal terms and interactions with regulatory agencies in connection with mergers, acquisitions, divestitures and financial restructurings.
We help clients to develop best practices and tools for the evaluation, assessment and allocation of risks. To evaluate risks fully, we consider areas of potential risk, including on-site and off-site contamination, exposure to toxic tort claims, regulatory noncompliance, so-called “successor liability” and operation and use restrictions imposed by permits or to be imposed through the development of regulatory programs. Our lawyers also identify documents and records requiring in-depth review and obtain critical information from existing personnel at a target company. To assist our clients in managing risk, our lawyers utilize their knowledge and experience with contractual allocation of liability, the drafting of meaningful indemnification provisions, environmental insurance vehicles, public funds and agreements (e.g., UST funds, “prospective purchaser agreements”) and pre-closing modifications of permits. Above all, we seek out the solution to the problem that will most effectively facilitate closure of the transaction.