Disclosure of Environmental Liabilities

NY Ethics Opinion May Erode Confidentiality for Sampling Results

Disclosure of Environmental Liabilities, Environmental Due Diligence / By

In April 2009, the New York Rules  of Professional Conduct (Rules) for attorneys replaced the New York Code of Professional Responsibility disciplinary rules (Code).  Section 1.6 of the Rules now governs the obligations of lawyers involving confidential information obtained during or relating to representation of a current or former client Rule 1.6(a) provides that a …

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Brokers in the Cross-Hairs For Environmental Disclosure

Disclosure of Environmental Liabilities, Environmental Due Diligence / By

With property values continuing to plummet in the wake of the Great Recession, it is probably not surprising that brokers are increasingly finding themselves embroiled in lawsuits over scope of environmental disclosure. The risk is particularly heightened in states with Property Conditions Disclosure laws. Common issues involve mold, lead-paint, asbestos, radon, poor drinking water quality and leaking home …

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