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

News

Special-Servicer Work Heats Up, Revealing CMBS Tensions

Restructuring, insolvency, and creditors rights partner Gary Kaplan provided expert commentary in the Law360 Real Estate Authority article "Special-Servicer Work Heats Up, Revealing CMBS Tensions." In the article, Gary noted that there is usually...

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Publication

REFRESH: Loot and Private Foundation Rules – Part 2

Welcome to  EO Radio Show - Your Nonprofit Legal Resource . In this episode, I refresh  EO Radio Show  episode 22, the second of our two episodes exploring private foundation rules using commentary on the...

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Event

Clean Repowering: How to Capitalize on Fossil Grid Connections to Unlock Clean Energy Growth

Farella’s Linda Gilleran and Chris Rendall-Jackson and Rocky Mountain Institute’s (RMI) Uday Varadarajan are presenting the session “Clean Repowering: How to Capitalize on Fossil Grid Connections to Unlock Clean Energy Growth” at the ACG...

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News

City of San Mateo Sued by Nonprofit Over New Housing Plan

Tom Mayhew spoke to CBS News about the lawsuit filed by Housing Action Coalition (HAC) and Farella against the City of San Mateo. The lawsuit challenges the city's recently adopted Housing Element in order to...

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Event

21st Annual Stanford Digital Economy Best Practices Conference

Erik Olson is speaking at the 21st Annual Stanford Digital Economy Best Practices Conference for the session "Track A: Content Moderation." To register for the event, please click  here .

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Publication

No Three-Year Bar on Copyright Damages (For Now): SCOTUS Issues Opinion in Warner Chappell Music, Inc. et al. v. Sherman Nealy et al.

In a 6-3 majority decision in Warner Chappell Music, Inc. et al. v. Sherman Nealy et al. , the Supreme Court held that the Copyright Act entitles a copyright owner to recover damages for any...

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News

Housing Action Coalition and Farella Braun + Martel File Lawsuit Challenging the City of San Mateo’s Housing Element

Today, the Housing Action Coalition (HAC) and Farella Braun + Martel LLP filed a lawsuit against the City of San Mateo, challenging its recently adopted Housing Element in order to make the city comply with...

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News

San Mateo signed off on its housing element this week. It's already facing a lawsuit.

Farella's Tom Mayhew, CJ Higley, Daniel Contreras, Vanessa Ing, and Alyssa Netto were mentioned in the Daily Journal article "San Mateo signed off on its housing element this week. It's already facing a lawsuit."...

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Publication

A New Overtime Threshold Takes Effect in Mere Weeks: HR Should Assess Its Impact Now

On April 23, 2024, the U.S. Department of Labor (DOL) issued its final rule increasing the minimum pay requirements under the Fair Labor Standards Act (FLSA) for various exempt “white-collar” employee categories beginning on...

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Publication

REFRESH: Loot and Private Foundation Rules – Part 1

Welcome to  EO Radio Show - Your Nonprofit Legal Resource . In this episode, I'm happy to refresh  EO Radio Show  episode 21, the first of our two episodes exploring private foundation rules using the...

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