Intellectual Property,
Environmental & Energy,
Contracts
Aug. 4, 2025
Are you protecting the licensor in your Prop 65 settlement?
Part 2 of this article series on Proposition 65 settlements highlights the often-overlooked exposure of licensors -- the brand owners whose names appear on licensed products -- and outlines practical strategies, from explicit release language to third-party beneficiary clauses, to ensure they are fully protected from future liability.
In Part 1 of this article, we examined how Proposition 65 settlement agreements are typically structured and which parties -- upstream suppliers and downstream distributors -- are included or excluded from liability releases. We discussed the growing enforcement landscape, real-world examples from 2025, and six strategic approaches to...
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