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Program Details
2026-11-18 14:30:00
Over 1,000+ webinars
Course Overview
2026-11-18 14:30:00
2h CLE Credits
Intermediate
2
This session examines how to redline a 2019 purchase agreement’s environmental article against the now-upheld PFOA/PFOS CERCLA designation, testing its “Hazardous Substances” definition, its “Environmental Laws in effect at Closing” limiter, its Remedial Action definition, and its known-conditions carve-out. Attorneys will learn how to draft an emerging-contaminant definition, a regulatory-change reopener, and a PFAS special indemnity structured as a spend-first payment obligation with credit support built to survive the indemnitor’s later insolvency, how to read PLL quote terms for PFAS exclusions and sublimits, and how to move or preserve the seller’s historic occurrence-policy rights. Attendees will leave able to judge which legacy wording actually captures a substance designated after closing, with an annotated redline checklist and sample emerging-contaminant and reopener language.
This session examines the buyer-indemnitee’s position once the seller-indemnitor files Chapter 11 while the buyer, as current owner, faces a PFAS response order. Attorneys will learn how §502(e)(1)(B) applies after In re AE OpCo III (11th Cir. Apr. 15, 2026), when to spend remediation money so the claim stops being contingent, how to split incurred and future costs on the proof of claim, how to build the estimation record and address §502(j), where to object before a response-trust settlement cuts off contribution rights, and what a 363 sale order cannot do for a current owner. Attendees will leave with a decision tree for protecting the claim: claim type, contingency cure, objection points, and preservation of insurance rights.
Stinson LLP
Stinson LLP
Stinson LLP
Brittany Barrientos is a Partner at Stinson LLP in Kansas City, where her environmental, health and safety practice spans the regulatory, transactional, and litigation spectrums. She is closely engaged on emerging issues surrounding PFAS and 1,4-dioxane, and she counsels clients on environmental matters during the diligence phase of real estate and corporate transactions and through implementation after closing. She is especially well suited to this program: she handles environmental diligence in acquisitions and sales of manufacturing facilities, brownfields, and pipelines, follows PFAS regulation closely, and has written firm alerts on the CERCLA designation of PFOA and PFOS, bringing a deal-side perspective on how regulatory change reaches existing agreements.
Stinson LLP
Sarah Lintecum Struby is Of Counsel at Stinson LLP in Kansas City, where her environmental practice centers on CERCLA/Superfund matters, site investigation and remediation, and cost-recovery and contribution litigation. She represents clients in administrative negotiations with EPA and state agencies and advises manufacturers, utilities, and municipalities on PFAS regulation and on PFAS risks in business and real estate transactions. She is especially well suited to this program: she has litigated CERCLA cost-recovery and contribution claims, negotiated cash-out settlements and performing party agreements in a $50+ million Superfund allocation, and advises on PFAS risk in transactions, bringing a cleanup-cost perspective on how responsibility for PFAS remediation is allocated, recovered, and enforced.
Stinson LLP
Brittany Barrientos is a Partner at Stinson LLP in Kansas City, where her environmental, health and safety practice spans the regulatory, transactional, and litigation spectrums. She is closely engaged on emerging issues surrounding PFAS and 1,4-dioxane, and she counsels clients on environmental matters during the diligence phase of real estate and corporate transactions and through implementation after closing. She is especially well suited to this program: she handles environmental diligence in acquisitions and sales of manufacturing facilities, brownfields, and pipelines, follows PFAS regulation closely, and has written firm alerts on the CERCLA designation of PFOA and PFOS, bringing a deal-side perspective on how regulatory change reaches existing agreements.
Stinson LLP
Sarah Lintecum Struby is Of Counsel at Stinson LLP in Kansas City, where her environmental practice centers on CERCLA/Superfund matters, site investigation and remediation, and cost-recovery and contribution litigation. She represents clients in administrative negotiations with EPA and state agencies and advises manufacturers, utilities, and municipalities on PFAS regulation and on PFAS risks in business and real estate transactions. She is especially well suited to this program: she has litigated CERCLA cost-recovery and contribution claims, negotiated cash-out settlements and performing party agreements in a $50+ million Superfund allocation, and advises on PFAS risk in transactions, bringing a cleanup-cost perspective on how responsibility for PFAS remediation is allocated, recovered, and enforced.
Requirements
The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.
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