Recent U.S. Cases Highlight Liability Risks to Executives in Mining, Heavy Industrial Transactions

Historically, corporate executives rarely faced personal or criminal liability resulting from mining or environmental accidents in the United States. Several criminal cases stemming from two recent disasters, however, indicate that the tide may be turning. These disasters, the repercussions of which have been playing out recently in the U.S. criminal courts, should put private equity and strategic investors in the mining and heavy industrials space on alert. Thorough due diligence into a target’s past operations and compliance record is more important than ever before.

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Bethany Hatef
    Bethany (Beth) K. Hatef advises clients on a wide variety of regulatory and distribution issues in the alcohol beverage industry. Beth regularly counsels alcohol industry clients on federal and state requirements relating to the production, marketing, distribution and sale of beer, wine and spirits. Read Beth Hatef's full bio.


Daphne W. Trotter
    Daphne W. Trotter is an environmental litigator and transactional lawyer. Daphne frequently counsels clients on the role of environmental issues and the management of associated risks in corporate, real estate and lending transactions. In this role, she serves as lead environmental counsel for purchasers and sellers in mergers and acquisitions involving facilities in a variety of industries, including power generation, building material supply and manufacturing, petroleum and natural gas storage and transfer, hospitals, glass manufacturing and chemical manufacturing. Read Daphne W. Trotter's full bio.


Thomas Sauermilch
Thomas Sauermilch concentrates in cross-border mergers and acquisitions (M&A) and joint venture transactions, and regularly advises clients in corporate governance and compliance matters. He has led transactions in a wide range of sectors, including aerospace and avionics, automotive industries, chemicals, energy, engineering, manufacturing, media, medical devices and scientific instruments, metals and natural resources, packaging, pharmaceuticals, semiconductor equipment, software, technology and trading. His transactional experience extends to more than 30 countries. Read Thomas Sauermilch's full bio.

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