Purchasers, sellers, investors, borrowers, lenders and underwriters benefit from the size and depth of expertise of the Environmental Transactions Practice. Latham’s global scope allows the firm to mobilize teams of environmental lawyers in multiple jurisdictions to cover diligence requirements for any kind of transaction in virtually any country, state or province around the world.
Latham staffs its environmental transaction matters with lawyers who have the relevant subject matter knowledge and understand how to “get the deal done.” Many of the firm’s environmental transaction lawyers do their own transactional work and bring a business sensibility to environmental issues that makes them more than just a knowledgeable environmental lawyer.
Latham’s Environmental Transactions Practice extends across the substantive environmental practice areas. Focusing on what is most important to clients, the firm routinely counsels clients regarding:
- Finding environmental value drivers in transactions, including areas where the client may experience significant cost savings
- “Innocent landowner” and “bona fide purchaser” defenses under US CERCLA (Comprehensive Environmental Response, Compensation, and Liability Act) requirements
- Lender liability and exercising on collateral
- Securities disclosure requirements
- Successor and shareholder liability
- Transferring risk through contract protection and insurance solutions
- Treatment of environmental liabilities under bankruptcy law
In addition, clients often call upon Latham’s lawyers to:
- Arrange for and negotiate environmental insurance policies
- Assist on post-transaction risk issues identified during due diligence and to structure transactions in a manner appropriate to the environmental risk
- Draft and negotiate critical environmental provisions of loan and purchase agreements
- Draft environmental disclosure for public offerings
- Help price material risks identified in due diligence
- Identify and analyze environmental risk issues
- Resolve indemnification disputes between buyers and sellers
Clean Energy Report
Latham's Clean Energy Law Report covers a wide range of legal issues related to renewable energy development and climate change. The blog covers topics such as environmental and government regulations, project development and financing, emerging companies and technologies, tax incentives and policies, legislative activities, and efforts among coalitions and international organizations to advance renewable energy and address climate change.