Consensus Returns On Corporate Insurance Transfers In M&A

Law360, New York (February 22, 2017, 12:43 PM EST) -- Michael H. Ginsberg

Dominic I. Rupprecht A lingering question haunts every acquisition of an industrial business: "What liabilities did we just buy?" Will the purchase bring along Comprehensive Environmental Response, Compensation and Liability Act liabilities for a plant that was shuttered decades ago, thousands of asbestos claims waiting to be filed or some other ticking time bomb toxic tort germinating in the mind of an enterprising plaintiffs' attorney or crusading regulator?

Whether the acquisition was accomplished via a strict statutory merger or via an asset sale, buyers traditionally assumed that this risk of unknown liabilities would be mitigated by the buyer's...

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