Practice Areas & Industries: Greenberg Traurig, LLP

 





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Practice/Industry Group Overview

Greenberg Traurig provides experienced and effective advocacy in all types of Proposition 65 matters, most of which have political as well as legal and financial components.

Greenberg Traurig has experience working with OEHHA, the attorney general's office, the governor's office and the few consultants who interpret the science used in both the listing process and enforcement actions.

Greenberg Traurig can advise clients when:

  • California proposes to place a chemical on the state's list of known carcinogens and reproductive toxicants
     
  • You stand accused of discharging a listed chemical into state waters or of exposing Californians to a listed chemical without warning
     
  • You have products that should be evaluated for compliance with Proposition 65 warning requirements

Our attorneys and governmental affairs professionals have been intimately involved with Proposition 65 since the statute was codified in 1986.

  • Participated in the first meeting to develop Proposition 65 regulations and in every policy proceeding since
     
  • Persuaded the California State Legislature to adopt a rational safety factor for reproductive toxicants
     
  • Monitored every meeting of the advisory panels and identification committees that decide to list chemicals
     
  • Represented clients in the workshops that prioritized chemicals for the listing process
     
  • Worked with the Office of Environmental Health Hazard Assessment (OEHHA) to ensure fair risk assessments
     
  • Helped develop applications to OEHHA for determinations that certain uses of listed chemicals are safe without a warning
     
  • Defended numerous enforcement actions by the attorney general and private plaintiffs to favorable resolutions
     
  • Secured important limitations from the California Supreme Court on warning requirements being enforced by the state

Greenberg Traurig has experience in listing and enforcement actions involving a wide range of chemicals, including:

  • 1,4-D Compounds
     
  • Acrylamide
     
  • Androstenedione
     
  • Arsenic
     
  • Cadmium
     
  • DEA
     
  • Diethanolamine (Cocamide DEA)
     
  • Formaldehyde
     
  • Lead
     
  • Mercury
     
  • MTBE
     
  • Nicotine
     
  • Perchlorate
     
  • Phthalates (DEHP, DBP, BBP)
     
  • Soots, tars and oils
     
  • Styrene
     
  • Titanium dioxide (TiO2)
     
  • Toluene
     
  • Many others

Enforcement Actions

  • Defended businesses and trade groups in actions targeting industries or consumer products, including food and pharmaceuticals
     
  • Defeated attempts to apply Proposition 65 to unlisted chemicals that are precursors to listed chemicals occurring naturally in the body
     
  • Prevailed in the California Supreme Court on federal preemption of Proposition 65 warning requirements for some FDA-regulated products
     
  • Negotiated with the attorney general to set the naturally occurring level of lead in eight mineral supplements
     
  • Represented clients in a lawsuit brought by the California Attorney General and a private plaintiff against canned tuna manufacturers; plaintiffs alleged failure to warn consumers about mercury in canned tuna and sought $50 million in penalties; after a 27-day trial, the San Francisco Superior Court issued a 118-page ruling which found for the defense on every issue presented

Compliance Issues

  • Worked with many industry scientists and compliance officers to identify Proposition 65 liabilities and develop realistic strategies to address them

Listing process

  • Marshaled legal argument and scientific data to convince OEHHA and its identification committees that certain chemicals should not be listed as carcinogens or reproductive toxicants

Rulemaking

  • Petitioned OEHHA to adopt a regulation that gave medical device manufacturers a safe-harbor procedure for providing a Proposition 65 warning

 

Services Available

 
 
Articles Authored by Lawyers at this office:

A Brief Recap of Recent Regulatory Actions Regarding Short-Term, Small-Dollar Lending
Robert E. Bostrom,Peter L. Cockrell,Brett M. Kitt,Gil Rudolph,J. Scott Sheehan, December 09, 2013
Providers of short-term, small-dollar loans, including deposit advance products and payday loans, have increasingly come under attack in recent months by Federal and State regulators. These attacks have been both collateral and direct and they appear to be close to reaching a dramatic crescendo. A...

On Party Line Vote, House Financial Services Committee Passes Six Bills Aimed at Restructuring the CFPB
Robert E. Bostrom,Peter L. Cockrell,Brett M. Kitt,Gil Rudolph,J. Scott Sheehan, November 29, 2013
On November 21st, the House Financial Services Committee passed six bills aimed at bringing oversight, accountability and transparency to the CFPB. Committee Chairman Jeb Hensarling (R-TX) called the bills “common-sense bills that bring a modicum of accountability and transparency to the...

CFPB Trial Disclosure Program Now Effective
Robert E. Bostrom,Peter L. Cockrell,Brett M. Kitt,Gil Rudolph,J. Scott Sheehan, November 15, 2013
On October 29th, the CFPB’s Notice of Policy regarding its Trial Disclosure Program was published in the Federal Register, thus making the Policy effective. Section 1032(e) of the Dodd-Frank Act permits consumer financial service providers to “conduct a trial program that is limited in...

Federal Financial Regulators Issue Diversity Policy Statement
Robert E. Bostrom,Peter L. Cockrell,Gil Rudolph,J. Scott Sheehan, November 05, 2013
On October 23rd, the OCC, the Federal Reserve Board, the FDIC, the NCUA, the SEC, and the CFPB issued a proposal for joint standards to assess the diversity policies and practices of their respective regulated entities. Section 342 of the Dodd-Frank Act requires each of these agencies to develop...

CFPB Issues Interim Final Rule and Bulletin Clarifying Mortgage Servicing Requirements
Robert E. Bostrom,Peter L. Cockrell,Brett M. Kitt,Gil Rudolph,J. Scott Sheehan, October 31, 2013
On October 15th, the CFPB issued an Interim Final Rule and CFPB Bulletin 2013-12. Both provide clarification regarding certain aspects of the CFPB’s recently published Mortgage Servicing Rule (MSR). The Bulletin provides guidance regarding: (1) policies and procedures for successors in...

CFPB Issues HMDA Compliance Bulletin
Robert E. Bostrom,Peter L. Cockrell,Brett M. Kitt,Gil Rudolph,J. Scott Sheehan, October 18, 2013
In conjunction with the CFPB’s HMDA actions discussed above, the CFPB issued Bulletin 2013-10 on October 9th. The Bulletin sets forth the Bureau’s expectations that lenders will implement compliance programs designed to ensure that they collect and report accurate HMDA data in a timely...

CFPB Removing Enforcement Attorneys from Supervisory Exams
Robert E. Bostrom,Peter L. Cockrell,Brett M. Kitt,Gil Rudolph,J. Scott Sheehan, October 18, 2013
On October 10th, the CFPB announced that it will discontinue its controversial practice of sending its enforcement attorneys to participate alongside supervision examiners in its examinations of supervised entities. This practice had been a major point of contention between the CFPB and the...

CFPB Takes Action against Financial Institutions for HMDA Violations
Robert E. Bostrom,Peter L. Cockrell,Brett M. Kitt,Gil Rudolph,J. Scott Sheehan, October 18, 2013
On October 9th, the CFPB ordered both a bank and nonbank mortgage lender to pay fines for violating the Home Mortgage Disclosure Act (HMDA). The CFPB entered consent orders with Mortgage Master, Inc. and Washington Federal, requiring them to pay to pay civil penalties of $425,000 and $34,000,...

CFPB Issues Report on CARD Act; Identifies Six 'Risky' Card Issuer Practices that May Warrant Scrutiny
Robert E. Bostrom,Brett M. Kitt,Gil Rudolph, October 07, 2013
On October 2, 2013, the Consumer Financial Protection Bureau (CFPB) published a report that both evaluates the impact of recent credit card legislation and identifies several “risky” card issuer practices that may draw future CFPB scrutiny.

'Skin in the Game' Credit Risk Retention Rules Re-Proposed
Robert E. Bostrom,Carl A. Fornaris,Lindsay K. Lefteroff,Mark I. Michigan,Gil Rudolph, September 16, 2013
On August 28, 2013, six federal financial services agencies issued a notice revising a proposed rule to implement Section 941 of the Dodd-Frank Act, which requires sponsors of securitization transactions to retain at least five percent credit risk in such transactions. By requiring securitizers to...

Florida's New Fast Track Foreclosure Law Creates Additional Requirements for Lenders and Mortgage Servicers
Cory W. Eichhorn,Michele L. Stocker, July 19, 2013
According to the Florida House of Representatives, the State of Florida has been negatively impacted by the national foreclosure crisis, and, as a result, Governor Rick Scott and the Florida Legislature want to minimize the impact upon the judicial branch both in terms of funding and caseload. It...