Robert Falk

Robert Falk

Morrison & Foerster LLP

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The “Discovery” Rule Is No Longer Supreme: The Supreme Court Holds That State Statutes of Repose Are Not Preempted by CERCLA

On June 9, 2014, the Supreme Court ruled in CTS Corp. v. Waldburger et al. that the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA, or the “Superfund” law), which preempts state statutes...more

6/12/2014 - CERCLA Contaminated Properties CTS v Waldburger Discovery Environmental Liability Environmental Policies Hazardous Substances SCOTUS Statute of Limitations Statute of Repose

Out of the Box: Legal guidance for the consumer product + retail industry - Volume 2, Issue 1, Spring 2014

In This Issue: - California Announces First Consumer Products Subjected To New Green Chemistry Rules - FDA Issues Final Guidance Distinguishing Liquid Dietary Supplements from Beverages - Private Surgeon General...more

4/8/2014 - class Conflict Mineral Rules Dietary Supplements FDA Green Chemistry Retailers SEC

Coming Christmas 2014: California Adds Another Phthalate Chemical to Its Proposition 65 List

With the 2013 holiday season behind us, the State of California’s Office of Environmental Health Hazard Assessment (OEHHA) already appears to be looking forward to Christmas 2014. It has just wrapped and put a bow on next...more

1/9/2014 - Chemicals Environmental Assessments Environmental Policies Hazardous Substances OEHHA Proposition 65

Reforming Proposition 65: Governor’s “Update” Is a Promising Start

Yesterday, Governor Jerry Brown’s office announced his intention to propose “updates” to Proposition 65 (Health & Safety Code section 25249.5 et seq.) supposedly designed to make the law less susceptible to the widespread...more

5/9/2013 - Frivolous Lawsuits Jerry Brown Proposition 65 Safe Harbors

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