Posts tagged Business development
Seeking to Minimize Environmental Liability in Real Estate Investment? CERCLA Liability and Defenses

Potential releases or threatened releases of hazardous substances can subject a landowner to significant environmental liability, so it is crucial to identify potential hazards before investing in commercial real estate. Under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), there is broad discretion as to who can be a responsible party of environmental hazards. Fortunately for real estate investors, the Environmental Protection Agency has identified steps that can be taken to minimize environmental liability.

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The Socially Conscious Entity: Public Benefit Corporations

The public benefit corporation is one of the most recent developments in corporate law. The essence of this new form is that directors are permitted under their fiduciary duties to consider purposes other than profit in decision-making. The public benefit corporation has therefore been described as different from the traditional corporation, which in some measure must be devoted solely to a for-profit motive. The public benefit corporation has been hailed as the “new corporate form” – one that permits a corporation to both earn money and serve a social purpose.

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