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

Publication

CARES Act Paycheck Protection Program Summary (Updated)

On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) was signed into law (the full 880-page text of the CARES Act is available here ). One feature of the CARES...

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News

Farella Advises on Sale of Diamond Creek Winery to Maison Louis Roederer

SAN FRANCISCO/ST. HELENA, March 16, 2020: Farella Braun + Martel represented the family of the late Boots Brounstein on the sale of their Diamond Creek Winery in Calistoga, Calf. to French Champagne producer Maison...

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Event

7th Annual Partner Compensation One-Day Workshop

Brian Donnelly is presenting the case study session, "Managing Partner Performance" at Fairfax Associates' 7th Annual Partner Compensation One-Day Workshop. Click here for more information.

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Event

Coronavirus Was Unexpected, but Is It Force Majeure? (Webinar)

Join speakers, Matt Lewis and Janice Reicher, on the webinar discussing "Coronavirus Was Unexpected, but Is It Force Majeure?"

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News

Daily Journal Names Farella Lawyers Among Top IP Lawyers in California

Farella Braun + Martel is proud to announce that partners Jeffrey M. Fisher and James L. Day were named to the 2020 list of “Top Intellectual Property Lawyers” in California by the Daily Journal...

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Publication

CARES Act Money for Wineries?

Beginning tomorrow morning, April 3 rd , the Small Business Administration will begin accepting applications for Paycheck Protection Program (PPP) loans under the new CARES Act. Amid the flurry of news, small winery owners may...

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News

Farella COVID-19 Update: A Message From the Managing Partner

To our clients, alumni and friends, During these unsettling times, Farella Braun + Martel is focused on protecting the health and safety of our firm members, clients, and communities and doing our part to...

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News

Insurers Brace for Coronavirus Hit to ‘Event Driven’ D&O Line

Mary McCutcheon was quote in the Claims Journal article,"Insurers Brace for Coronavirus Hit to ‘Event Driven’ D&O Line." Link to read the full article .

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Publication

Wine Businesses, Lenders, and Difficult Conversations

The COVID-19 pandemic and public health efforts to combat it will impact different wine businesses in different ways. Those that depend on on-premise and direct-to-consumer (DTC) sales, such as restaurant, hospitality, and tasting room...

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Publication

Coronavirus (COVID-19) Insights and Resources

The spread of the coronavirus (COVID-19) is causing disruption throughout the US that we have not seen in generations. Governmental entities, academia, and the private sector are working diligently to contain COVID-19 while it...

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