Prop. 65 Defense Attorney
Evaluate Notices of Violation
Evaluate Notices of Violation for procedural and substantive deficiencies (60-day notice compliance, certificate of merit, standing of the noticing party/organization).
Assess Exposure and Develop Defense Strategy
Assess exposure and develop defense strategy, including available exemptions (safe harbor levels, naturally occurring constituents, alternative significant risk level, and other statutory defenses).
Negotiate Settlements
- Negotiate settlements with private enforcers and their counsel, including civil penalties, remediation terms, and attorney's fees.
Draft and Negotiate Consent Judgments and Settlement Agreements
Draft and negotiate consent judgments and settlement agreements, and coordinate compliance with reporting obligations to the California Attorney General.
Review Product Labels and Formulations
Review product labels, formulations, and testing data to assess warning obligations and reformulation options.
Coordinate with Laboratories and Expert Witnesses
Coordinate with laboratories and expert witnesses on testing methodology and exposure assessments where litigation or contested settlements require it.
Support Consumer Class Action and False Advertising Department
Support the firm's consumer class action and false advertising department where Prop 65 matters intersect with related claims.
Manage Compliance Documentation and Warning Label Programs
Manage compliance documentation and warning label programs for clients to reduce future NOV exposure.
Celebrate Successes
- Coordinate with outside and specialty counsel where matters fall outside scope (e.g., litigation, chemical-specific toxicology issues).
Produce Client-Ready Written Work Product
- Exposure assessments
- Settlement recommendations
- Compliance opinions
What We Require
- Active bar license in good standing in any state.
- Minimum 2-7 years of practice, with demonstrated substantive experience in Prop 65 defense.
- Ability to draft finished, client-facing work product with minimal revision.
- Comfort working remotely.
- Comfort managing your own matter deadlines.