Our exclusive focus on environmental matters makes us uniquely qualified to conduct due diligence and spot problems that could directly affect transactions.
Two things set us apart from other firms involved in transactions and due diligence: our exclusive focus on environmental matters and our concentration on commercial real estate. We can identify and—crucially—quantify the most critical environmental liabilities because we have authoritative knowledge of virtually any environmental issue. This expertise enhances our transactional lawyers’ ability to negotiate and draft key deal provisions.
Clients typically engage us for transactions that involve complex environmental problems. We know that navigating these problems requires fluency in technical subjects such as operating permits, chemicals, regulatory compliance, wastewater discharges, air permits, etc.—and we’re the rare firm that can handle them all.
Our reputation for working seamlessly with deal counsel isn’t a coincidence. Members of our team have served in senior legal roles at some of the world’s largest corporations, giving them first-hand insight into our clients’ concerns and expectations.
We represent domestic and international clients in every major sector of the commercial real estate industry. Recently, for example, we advised several Fortune 500 manufacturers in their purchases and sales of manufacturing facilities and raw land in a number of states and negotiated economic incentives with state and local governments. And our due diligence review of a Fortune 100 company’s potential environmental liabilities helped to persuade our client to acquire the company.
Beveridge & Diamond has extensive experience in the environmental aspects of real estate transactions involving performing and distressed office, retail, industrial, mixed-use, and multi-family assets. We additionally advise corporations in their property-related projects or the real estate aspects of their mergers and acquisitions. Our core services include:
- Advising purchasers on the environmental risks of their investment.
- Allocating risks through the negotiation of purchase and sale, loan, and guarantee agreements; environmental indemnities; releases; and other documents.
- Defining the scope of Phase I and Phase II environmental site assessments and other due diligence materials.
- Managing environmental consultants during pre-acquisition and pre-loan due diligence.
- Negotiating and drafting environmental provisions of transactional documents.
- Obtaining and reviewing environmental insurance policies.
As a firm solely focused on environmental matters, we are uniquely qualified to help deal participants evaluate environmental issues in both equity and lending acquisitions. Our lawyers have conducted environmental due diligence in a wide variety of commercial transactions, helped structure the transactions to minimize risks, and negotiated the allocation of potential environmental liabilities.
The environmental reviews and assessments we manage—both pre- and post-transaction—range from single properties or facilities to multiple domestic and international facilities owned by large, integrated chemical, mining, and manufacturing companies. Our innovative techniques, furthermore, can help clients quantify the risks they may face in any particular transaction. We can provide detailed background on applicable U.S. and non-U.S. environmental laws and regulations as well.