Sheppard Mullin

If you manufacture, sell, or distribute any product directly or indirectly in California – through a distributor, online, or otherwise – you need to understand and comply with Prop 65. Sheppard Mullin has the expertise to help.

Prevention is Our Goal

Our main goal is to help you avoid government and private “bounty hunter” enforcement actions in the first place. We know that it is not always possible, but we can help you assess and implement a Prop 65 compliance program that will minimize the likelihood of an enforcement action. We also can audit your website to make sure you are following best practices.

Early Resolution

We will work with you to develop creative solutions to foster early resolution of claims, from pre-lawsuit negotiations to accelerated litigation and appeal of key issues.

Expertise

We have experience in all aspects of Prop 65, including compliance, response to notices of intent to sue, defense of lawsuits, and appeals. We routinely guide clients, both large and small, through the process of responding to 60-Day Notice letters, interfacing with the California Attorney General’s Prop 65 unit, and defending enforcement actions in court.

Why Sheppard Mullin
 

• A long history of great results, including published appellate opinions
• Experience with a multitude of products and industries
• Geographic reach and the bench strength to get things done virtually anywhere and in any forum
• Willingness to fight and take a case to trial or appeal if necessary

We are nimble and tough. We make it our business to understand your business, and we make sure your objectives guide our strategy and tactics.

Representative Experience

Warnings: We have successfully obtained summary judgment, dismissal, or settlement of, or counseled clients on, claims involving the following chemicals and products:

Discharge to soil or water: We have successfully defended lawsuits alleging discharges of chemicals to soil or water in violation of Prop 65 and subsequent appeals, including:
 

• Represented a major oil company in successful litigation and appeal of lawsuit seeking over $62 million in civil penalties for alleged releases of Proposition 65 chemicals from gasoline service stations. Resulted in landmark environmental decision, Consumer Advocacy Group v. Exxon Mobil Corporation, 104 Cal. App. 4th 438 (2002), where California Court of Appeal held that “passive migration” or “continued presence” of chemicals in soil or water did not constitute a “discharge or release” under Proposition 65.
• Represented a major oil company in lawsuits filed by California Attorney General and Solano County District Attorney seeking injunction and civil penalties for alleged releases of Proposition 65 chemicals from a refinery and a marketing terminal.
• Represented a major oil company in lawsuit seeking injunction and civil penalties for alleged releases and threatened releases of Proposition 65 chemicals and alleged environmental exposures from former landfill.

"As Sheppard Mullin continues to grow, it is important that we not lose sight of the need to recruit women, attorneys of color and others of diverse backgrounds."
-Guy Halgren, Chairman of the Executive Committee

At Sheppard Mullin, we make every effort to recruit the finest lawyers and nurture their talents. The firm recognizes the importance of diversity and the need to create a workplace of inclusion. We need ¿ and our clients demand ¿ a team of attorneys that is as diverse as our increasingly global client base. Achieving and maintaining diversity is key to great client service ¿ a core value of our firm. What distinguishes good intentions from results is a commitment by senior management to find the best attorneys possible coupled with the sincere belief that people with diverse backgrounds bring valuable attributes to the firm. At Sheppard Mullin, the Executive Committee, Diversity Committee, and the lawyers in each of our offices work hard to ensure that all attorneys who join our firm fit in seamlessly and are encouraged to succeed.

Members of our Diversity Committee include ethnically diverse attorneys and a representative from the firm's Executive Committee. Diversity Committee members have served on the Boards of the Anti-Defamation League, the Black Women Lawyers Foundation (Los Angeles), and the Charles Houston Bar Association (northern California). Women and minority attorneys participate on key committees of the Firm (Executive Committee; Compensation Committee; Diversity Committee; Recruiting Committee; Professional Personnel Committee; Associate Issues Committee). Four of the Firm's nine Office Administrative Partners are women, one of whom is African-American and another is multi-racial.

"Serving on the firm's Diversity Committee is one of the most important things I do. I firmly believe that we must be vigilant in our efforts to recruit talented women attorneys and attorneys of color. Our success in this area has a positive effect our firm's culture, practice and client relationships."
-Joan Story, Member Executive Committee and Diversity Committee

Below is a description of just some of our outreach efforts.

• The firm participates in and financially supports the California Minority Counsel Program and the ABA Minority Counsel Program, as well as several minority bar associations. These groups are dedicated to increasing access for and promoting and retaining minorities in the legal profession.
• The firm actively recruits law students of color, e.g., we participated in the National Black Law Students Association (NBLSA) of the Western Region job fair held at UCLA School of Law.
• Sheppard Mullin contributes to the Minority Corporate Counsel Association; California Women Lawyers; Queen's Bench; Black Women Lawyers Association of Los Angeles; and the National Black Law Students Association, among others.
• We actively participate with other major Los Angeles law firms in the Diversity Directors Roundtable, a group that is committed to promoting diversity in the legal profession and in our firms.
• The firm received the Law Firm Award from the Black Women Lawyers Association of Los Angeles Foundation for its strong commitment to the promotion of community and pro bono activities.
• Multicultural Law magazine named Sheppard, Mullin, Richter & Hampton LLP as one of "The 2011 Top 100 Law Firms for Diversity."
• Sheppard Mullin helped underwrite the production of a motion picture project entitled "Soul of Justice: The Life and Times of Thelton Henderson." The film chronicles the life of respected African-American jurist Thelton Henderson, a crusading civil rights litigator and role model.
• The firm signed the Bar Association of San Francisco's "No Glass Ceiling Initiative," BASF's "Minority Goals and Timetables," the New York County Lawyers' Association Diversity Statement, and the Los Angeles County Bar Association's Diversity Statement.

Much of our pro bono work relates to the diversity of the communities in which we practice; sample clients include:

• Constitutional Rights Foundation
• Domestic Violence Project, Los Angeles Bar Association
• Lawyers Committee for Civil Rights
• Task Force for the Women's Resource Fair, City of San Diego
• Tolerance Through Education Program, Beverly Hills Barristers Associations
• Violence Against Women Act Program, Legal Aid Foundation of Los Angeles

Awareness of diversity enables us to understand the value of differences. At Sheppard Mullin, we are committed to hiring top tier attorneys, without regard to race, ethnicity, gender or sexual orientation.