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Transactions and the Environment (Spring 2006)

This program, addresses pragmatic, commercially accepted methods for managing environmental risk in real estate and business transactions. In addition to reviewing the basis for environmental liability under both federal andNew Yorklaw, the speakers examineNew York's programs for the cleanup and redevelopment of contaminated properties, includingNew York's brownfield cleanup program and related tax incentives. This is followed by hands-on, practice-oriented discussion of how to focus environmental due diligence to meet transaction timing and liability management objectives, and how to effectively allocate environmental responsibility in contractual provisions. The program concludes with an examination of ethics issues and reporting obligations that arise in the context of environmental sampling and remediation, as well as public reporting requirements under generally accepted accounting principles and securities regulations post-Sarbanes-Oxley.

Program Contents

Additional Information:

New York State Programs for Cleanup and Development

Liability Issues under state and Federal Law

Defining the Extent of Containamination/Environmental Due Diligence

Contract Negotiations

Environmental Disclosure after Sarbanes-Oxley

Ethics and Reporting Obligations

Program Speakers

Louis A. Evans, Esq. (Co-Chair)
Nixon Peabody LLP
Garden City

Jeffrey B. Gracer, Esq. (Co-Chair)
Torys LLP
New York City

Gregory J. Battista, Esq.
Cravath Swaine & Moore
New York City

Adeeb R. Fadil, Esq.
Simpson Thacher & Bartlett LLP
New York City

David J. Freeman, Esq.
Paul, Hastings, Janofsky and Walker LLP
New York City

Michael J. Lesser, Esq.
New York State Department of Environmental Conservation

William J. O'Brien, Esq.
Paul, Weiss, Rifkind, Wharton & Garrison LLP
New York City

Glynis Priester
Wachovia Insurance Services

Eric B. Rothenberg, Esq.
Morgan Lewis
New York City

Marla B. Rubin, Esq.
Law Offices of Marla B. Rubin

Richard M. Schwartz, Esq.
Fried, Frank, Harris, Shriver & Jacobson LLP
New York City

Trisha L. Smith, Esq.
Nixon Peabody LLP
Garden City

Total MCLE Credits...... 6.5

Ethics MCLE Credits..... 0.5

* Each additional person who uses the tapes for MCLE credit must purchase a copy of the “MCLE coursebook.”

Product Code:
MCLE Coursebook
Member Price:
Non-Member Price:
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