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Prop 65 Private-Enforcement Reforms Won’t Disincentivize Bounty Hunting

This article was originally published in The Rose Sheet

Executive Summary

Newly amended Prop 65 regulations seek to disincentivize private actions that would not result in significant public benefit, in part by imposing caps on “additional settlement payments.” Industry stakeholders predict, however, that plaintiffs and their counsel will simply seek increased attorney fees and/or greater civil penalties to cover the shortfall.

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