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Legal Services
To fully execute certain VR and RM strategies and solutions (e.g., protective property divestment), owners will need to work with attorneys. BMA does not provide legal services. However, BMA’s team includes two environmental transactional attorneys with over 35 years of combined experience working in large national and international law firms, who are available (through an affiliated law firm) to cost-effectively assist BMA clients with legal issues related to execution of VR and RM strategies. Now affiliated with Brown, Udell, Pomerantz & Delrahim, Ltd. (a boutique Real Estate, Environmental and Litigation firm), they can provide or arrange for any real estate, environmental or litigation legal services needed by clients at comparatively low rates.
BMA recognizes that many companies have preferred providers for legal services. BMA completely respects those important, often long-standing, relationships. Among other things, these firms may have deep institutional knowledge about the company and its real estate assets that can be extremely valuable to the VR and RM process. Accordingly, BMA does not need to work with BUPD to be effective in its consulting role. BMA can and does work with other law firms on VR and RM projects. BUPD is merely an option for companies seeking high-quality legal representation (large firm attorneys) at rates substantially lower than most large and mid-sized law firms, often about half the cost.
BMA can work with BUPD or any other law firm to manage various legal components of the VR and RM process, including …
- Negotiating and obtaining the right combination of contractual protections (covenants, indemnities, releases) and other risk-shifting mechanisms (environmental insurance, fixed-cost remediation programs, escrows or other financial guarantees) to minimize the risk of comeback liabilities.
- Developing and pursuing cost recovery cases from other responsible parties, including private parties and governmental entities (e.g., at former military contracting sites);
- Negotiating comprehensive settlements with environmental regulatory agencies and public and private responsible parties; and
- Pursuing insurance recovery from untapped Comprehensive General Liability (CGL) policies issued to the owner or its predecessors (i.e., occurrence-based CGL policies issued prior to the 1970s, without current “pollution exclusions”).
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