Asset Purchasers Can Take Reasonable Steps to Mitigate Risks of Successor Liability
November 9, 2023
Richmond L. Williams, Esq. and Dylan G. LaMorte, Esq.
The Legal Intelligencer
A popular acquisition structure for purchasers of ongoing business operations is through an asset purchase agreement. While an asset purchase is generally a preferred structure for minimizing the risk of environmental successor liability of the target business, an asset purchase structure does not automatically protect an asset purchaser from successor liability. This article discusses steps that an asset purchaser can take to minimize their risk of unwittingly succeeding to the environmental liabilities of the selling entity.
