Managing Environmental Liabilities in Bankruptcy: Leading Lawyers on Identifying Environmental Risks, Implementing Emerging Risk Transfer Strategies, and ... Environmental Liability (Inside the Minds)

Managing Environmental Liabilities in Bankruptcy provides an authoritative, insider's perspective on best practices for helping clients minimize their environmental liabilities during bankruptcy proceedings. Featuring partners from some of the nation's leading law firms, these experts guide the reader through the process of assessing environmental risk and transferring liabilities. These top lawyers reveal their advice for navigating environmental reporting obligations, developing innovative risk transfer strategies, and understanding the conflicting goals of environmental and bankruptcy law in today's legal landscape. From assisting clients in identifying and understanding environmental risks to offering advice to companies emerging from bankruptcy, these authors give tips on how best to manage risk during all stages of the bankruptcy process. Additionally, these leaders discuss recent trends in bankruptcy strategies, including 363 asset sales and pre-packaged and pre-negotiated bankruptcy plans. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts around the keys to navigating this rapidly-changing area of law.

Inside the Minds provides readers with proven business intelligence from C-Level executives and lawyers (Chairman, CEO, CFO, CMO, Partner) from the world's most respected companies and firms nationwide. Each chapter is comparable to an essay/thought leadership piece and is a future-oriented look at where an industry, profession, or topic is heading and the most important issues for the future. Each author has been selected based upon their experience and C-level standing within the professional community.

Chapters Include:

1. Cynthia J. Bishop, Partner, Gardere Wynne Sewell LLP - "Minimizing Environmental Liability in Bankruptcy and during Normal Business Operations"
2. Andrew N. Davis, Ph.D., Partner, Dewey & LeBoeuf LLP and Cynthia C. Retallick, Senior Vice President and Deputy General Counsel, TRC Companies, Inc. - "Conflicting Goals of Environmental Law and Bankruptcy Demand Innovative Business Strategies"
3. Philip L. Hinerman, Partner, Fox Rothschild LLP - "Helping Bankruptcy Clients Discharge Their Environmental Responsibilities"
4. John J. McAleese III, Partner, Morgan, Lewis & Bockius LLP - "Bottom-Line Concerns for Clients and Attorneys in the Environmental Bankruptcy Arena"
5. Frank Hackmann and Robert Richards, Partners, Sonnenschein Nath & Rosenthal LLP - "Reorganizing or Acquiring Businesses Free and Clear of Environmental Liabilities"

Appendices Include:

Appendix A: Example Environmental Due Diligence Checklist
Appendix B: Environmental Insurance Policy Specimen
Appendix C: Environmental Contractor Insurance Policy Specimen
Appendix D: Environmental Insurance Policy Declaration Page Specimen
Appendix E: Access Agreement
Appendix F: Form of Environmental Indemnity Agreement
Appendix G: Form of Environmental Escrow Agreement
Appendix H: Potential Notice Parties for Free and Clear Section 363 Sale or Chapter 11 Plan Confirmation
Appendix I: Section 554 Abandonment Motion and Order