Farella's Environmental Law department has extensive experience assisting clients with compliance and litigation under federal and state consumer protection laws, including California's Proposition 65. We draw on our considerable resources, including our experience as seasoned federal and state court trial attorneys, our work with clients on product stewardship, regulatory compliance and liability issues, and our experience with technical, scientific and toxicological evidence and consultants. Farella's Proposition 65 expertise is proven by the regular requests for attorneys to author articles and frequently speak at conferences on issues relating to Proposition 65. In 2007, The American Apparel and Footwear Association and the Hosiery Association chose Farella as their product advisory counsel.  In this relationship, we assist the membership of both associations with Proposition 65 and other product laws.

Clients rely on us for informed, creative, business-oriented strategies to protect their interests and accomplish their objectives. We have successfully opposed plaintiff organizations and law firms that have made Proposition 65 their business model and seek to impose product reformulation requirements and extract "bounty hunter" fees.

Collectively, Farella's attorneys' have experience with consumer, occupational and environmental exposure and discharge claims and compliance issues under Proposition 65, among other state and federal environmental, health and product safety statutes. We have represented clients from all sectors of the economy, including manufacturers, distributors, retailers, trade associations, refiners, restaurants, food and beverage suppliers, building owners, developers, employers and other companies doing business in California.

Our Proposition 65 experience goes beyond the negotiating table into the courtroom when litigation is necessary, including litigating Proposition 65 matters against the California Attorney Generals office. Our experience is specific; key to successful defense is quickly determining actions and reactions to address the individualized risk associated with the product. Risks are both financial to the bottom line and public relations, which can irreparably taint a product or corporate brand in the minds of the consumer. A win in court may not be a win in the court of public opinion. Understanding risks requires early case assessment, pushing for settlement and ensuring confidentiality as much as possible.

Firm Highlights

Event

2024 Environmental & Energy, Mass Torts, and Products Liability Litigation Committees' Joint Regional CLE Program

Sarah Bell will moderate the panel "PFAS: Everything Everywhere All at Once"  at the American Bar Association's 2024 Environmental & Energy, Mass Torts, and Products Liability Litigation Committees' Joint Regional CLE Program. Session Overview: PFAS...

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News

Proposal for Bar Exam Alternative Goes to California Supreme Court

Sarah Good, a member of the State Bar of California Board of Trustees, was quoted in The Recorder article, "Proposal for Bar Exam Alternative Goes to California Supreme Court." Read the article here (subscription...

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Event

19th Annual Renewable Energy Law Institute

Dirk Mueller is speaking at the University of Texas School of Law 19 th Annual Renewable Energy Law Institute on "Mineral Issues Impact on Real Estate Documents, Siting and Planning: Texas vs. California." Session Overview :   Understanding...

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Publication

A Summary of New Laws Coming for California Employers in 2024

In 2023, California has adopted several new employment laws either introducing new employee protections or codifying existing practices into state law. With these changes, employers will need to examine and adjust some of their...

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News

State Bar of California Board of Trustees Approves Plan to Pilot Portfolio Bar Exam

Sarah Good, a member of the State Bar of California Board of Trustees, spoke to KQED Newscast about the Board of Trustees's proposal to pilot a Portfolio Bar Exam.

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Publication

Exceptions to the DAF Definition Under the Proposed Regulation

Welcome to EO Radio Show - Your Nonprofit Legal Resource . Episode 64 continues the exploration of the new proposed regulations important to the administration of Donor Advised Funds. The Internal Revenue Service and...

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News

Farella Braun + Martel Earns 2024 Best Law FirmsĀ® Rankings

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Publication

California Proposes New AI & Automated Decision-Making Technology Regulations

The California Privacy Protection Agency (CPPA) released its draft  regulatory framework for automated decision-making technology (ADMT) on November 27. These regulations are a preview of what new requirements may look like for companies currently...

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Event

The New Frontier AI Legal Issues for In-House Counsel

Sushila Chanana is a panelist for the session, "The New Frontier AI Legal Issues for In-House Counsel,"   at the Bar Association of San Francisco's In-House Counsel Conference 2024. To register for the event, please click ...

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Publication

New Proposed Regulations Defining Donor Advised Fund Terms

Welcome to EO Radio Show - Your Nonprofit Legal Resource . Episode 63 explores new proposed regulations important to the administration of Donor Advised Funds (DAFs). The Internal Revenue Service and the Treasury Department...

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