Structuring Supply Chain Agreements: New Guidance on Prop 65 Compliance
Recording of a 90-minute CLE webinar with Q&A
This CLE course will discuss the impact of California's Proposition 65 on supply chain agreements. Our panel will offer practical guidance on drafting (or amending) supply agreements to ensure compliance with the new regulation and explore how counsel representing manufacturers, producers, importers, and suppliers in both the up- and downstream supply chain can structure language to balance risk and mitigate potential losses from noncompliance.
Outline
- Overview of Prop 65
- Warnings
- Compliance requirements
- Impact of supply chain
- Drafting pointers
- Ensuring compliance
- Limiting/transferring risk
- Agreement supplements and addenda
- Party perspectives
- Upstream parties
- Downstream parties
Benefits
The panel will review these and other relevant issues:
- How can counsel address vagaries in inter-supply chain information requests in achieving compliance?
- What measures can counsel for parties along the supply chain take to limit exposure to the statute's private attorney general provision?
- What risk-shifting measures can counsel use in drafting supply agreements to limit exposure under Prop 65?
Faculty
Michelle Corrigan Erikson
Partner
Stinson
Ms. Erikson has over 20 years of experience in the areas of products liability, consumer products, children's... | Read More
Ms. Erikson has over 20 years of experience in the areas of products liability, consumer products, children's products and business litigation. She has successfully represented manufacturers and distributors of a wide range of products in litigation involving claims of personal injuries and property damages. Ms. Erikson has consulted with manufacturers of consumer products about their warning programs and preventative risk management strategies. She has also assisted companies with various issues involving product recalls, reporting requirements and communications with government agencies. She has a particular interest in issues facing manufacturers of juvenile and children's products and has comprehensive knowledge and understanding of federal and state laws and regulations affecting children's products, as well as standards adopted by ASTM International (ASTM) and American National Standards Institute (ANSI).
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Anne Marie Ellis
Shareholder
Buchalter
Ms. Ellis regularly helps clients navigate compliance with California’s Proposition 65. She also consults with... | Read More
Ms. Ellis regularly helps clients navigate compliance with California’s Proposition 65. She also consults with clients on warranty issues arising under state and federal statutes. Ms. Ellis’ practice focuses on product liability, commercial litigation, regulatory compliance and client counseling. With extensive experience in complex litigation in both state and federal courts, including judicial council coordinated proceedings, multi-party litigation subject to case management orders, and multi-district litigation, Ms. Ellis has successfully defended cases of all sizes including catastrophic personal injury and wrongful death lawsuits. She also advises clients on a wide-range of discovery issues and procedures including e-discovery and trade secrets.
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Kerry E. Shea
Partner
Davis Wright Tremaine
Ms. Shea practices in the fields of environmental permitting, counseling, compliance and litigation. She advises... | Read More
Ms. Shea practices in the fields of environmental permitting, counseling, compliance and litigation. She advises clients on project development, financing, environmental due diligence and permit issues, and also assists them in negotiations with governmental agencies. Ms. Shea focuses on independent power producing facilities, including renewable energy facilities with geothermal, wind, biomass, landfill gas, and solar components. She also frequently handles the environmental aspects of telecommunications projects. Ms. Shea has represented national department stores, a national travel products company, an international watch manufacturer, a national tire manufacturer, a large manufacturer of wire and wire-mesh products, a travel accessory distributor, and an auto parts distributor in various Proposition 65 litigation involving private litigants.
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