Your Webpage Is About to Violate the Law -- And Other Changes to Prop 65 Warning Requirements

Prop 65

Big changes are coming to a regulation that, while well meaning, cost businesses selling products in California more than $50M in 2017 and similar amounts in prior years.  California’s Safe Drinking Water and Toxic Enforcement Act of 1986, more commonly known as Proposition 65 (“Prop 65”), is getting a makeover – new warnings, shifting burdens and more specific internet and catalog safe harbor requirements that take effect August 30, 2018.  Unfortunately, the makeover will not deter Prop 65 “enforcers” and their counsel who will continue to burden business with enforcement litigation that does little to further the stated goals of the regulation.  And now with the new internet and catalog warning requirements, these individuals can “hunt” from the comfort of their own homes.  What does this all mean?  Now more than ever, businesses that sell products in California should seek advice from experienced counsel to help them navigate and comply with this challenging and changing regulation.

Continue reading this entry

New Product Safety Requirements and Recall Procedures Adopted in Mexico:  Time for Manufacturers to Update their Compliance Programs in Mexico

factory

The commercial and legal environment on product safety in vehicles, auto parts and other products has substantially changed in Mexico in 2018. Manufacturers carrying out business activities in Mexico should now be implementing increased efforts to comply with and properly react to new legislation, policies, recall procedures and safety standards that are now applicable in Mexico.

Continue reading this entry

Shhh ... Don't Tell Anyone: Tips on NDAs

NDA

The Non-Disclosure Agreement (“NDA”) is a document that is very often prone to misuse in commercial practice. Often, when business teams from two companies get together, the first thing they do, almost as a box-checking measure, is toss over one company’s standard two-way NDA, without much thought as to whether the NDA should, in fact, be a two-way NDA or whether there is even any need for the NDA at all.

Continue reading this entry

Fit for What Purpose? Understanding the Warranty of Fitness for Particular Purpose

agreement

For manufacturing companies, some of the most important terms in any contract for the purchase or sale of goods are the warranties that apply to those goods.  This article will address one particular kind of warranty – the warranty of fitness for particular purpose.

Continue reading this entry

Tips for Planning a Carve-Out Divestiture

carve-out

As a company grows and expands (whether by acquisition or organically), it can encounter issues which may prompt a divestiture.  For example, a once high-performing business unit declines or becomes stagnant and drags down the performance of the overall company, or business units within the company create negative synergies, such as where a major customer of one business unit is a major competitor of other business units, or a company undergoes a major change in its business strategy.  In each instance, a potential solution is to sell one or more impacted businesses in order to unlock value from the sale of the businesses and/or realign the company in connection with a strategic shift.

Continue reading this entry