Robert L. Falk

Replaced J.C. Penney’s trial counsel in a Prop 65 lawsuit alleging that glassware with exterior decorations it sold contained and resulted in exposures to lead.  Resolved the claim prior to appellate briefing, cutting down the trial judge’s penalty award and plaintiff’s attorney fee claim by approximately 50%.

Represents 15 Silicon Valley municipalities on National Pollutant Discharge Elimination System (NPDES) stormwater permitting issues resulting from the federal Clean Water Act and California Water Code. Also represents these municipalities in total maximum daily load (TMDL) and other water quality-related proceedings and on unfunded mandate claims. Representation of the City of Sunnyvale, California also extends to permitting and enforcement issues related to its publicly owned wastewater treatment plant (POTW).

Obtained a favorable summary judgment ruling in a mold contamination/personal injury and product defect case filed against a lessor of modular buildings and portable classrooms. Resolved parallel cases in ADR at minimal cost.

Represented 12 major U.S. and international food and beverage companies in response to media reports and threatened litigation concerning traces of mercury in products containing high fructose corn syrup. We established through scientific analysis and a factual investigation that high fructose corn syrup did not contribute mercury to the products, and that the trace levels of mercury were naturally occurring and of a non-toxic form. Based on our submission, the California Attorney General's office issued a letter opining that the threatened claims "[had] no merit."

Defended The Mauna Loa Nut Company (a subsidiary of The Hershey Company) in administrative enforcement litigation brought by the U.S. Environmental Protection Agency concerning violations of the federal Safe Drinking Water Act.  After six months of litigation and briefing an evidentiary motion, the EPA accepted the company’s settlement offer rather than submitting the matter for a ruling by an administrative law judge.

Represented the Juvenile Products Manufacturers Association and four of its members in an enforcement action aimed at reducing formaldehyde emissions from their composite wood products. Avoiding litigation costs, we negotiated a de minimus settlement with the California Attorney General under which our clients agreed to expedite implementation of the California Air Resources Board’s new formaldehyde ATCM emissions requirements.

Represented the National Resources Defense Council (on a pro bono basis) in a federal environmental lawsuit against the U.S. Navy and National Marine Fisheries Service concerning failure to mitigate the effects of a low frequency sonar tracking system. Prevailed on preliminary injunction motion and then settled the remainder of the case based on an agreement by the government agencies to provide additional mitigation measures, and reimburse our pro bono client's fees.

Defended Mattel, Inc., and Fisher Price, Inc., in a Prop 65 and Unfair Competition Act lawsuit brought by the California Attorney General’s and Los Angeles City Attorney’s offices concerning lead in toys imported from China. The matter was settled through negotiations that avoided discovery and litigation costs and established compliance standards and obligations consistent with recently enacted federal requirements under the U.S. Consumer Products Safety Commission’s authorities. We also assisted Mattel in the all the environmental law aspects of the toy recall, including worldwide waste characterization, testing, disposal and transportation issues, and responding to government officials.

Represented the Santa Clara Valley Water District in a CERCLA action concerning mercury contamination in the Guadalupe River Watershed and South San Francisco Bay. Through extensive engagement with the U.S. Fish & Wildlife Service, we were able achieve to an expeditious resolution of claims by negotiating an agreement allowing our client and other PRPs to implement local restoration and enhancement projects in lieu of paying either compensatory damages or federal or state oversight costs or legal fees.

Resolved a complex environmental matter for Nestlé USA, including CERCLA litigation and ADR, that centered around a warehouse site with extensive TCE contamination of the soil and groundwater. We generated a multimillion-dollar fund from the other potentially responsible parties; this led to the negotiation of a guaranteed remediation contract backed by environmental insurance to effectuate the cleanup of the site. We also obtained a favorable decision in another portion of the case from the Ninth Circuit Court of Appeals involving a contribution claim initiated by Nestlé against a bankrupt former master lessor of the property.