

Proposition
65 is enforced by litigation, with the burden of proof placed on businesses
rather than the plaintiff. TSG provides the technical expertise for
settlement negotiations with the plaintiff, such as strategic input,
developing
risk assessments, enhancing third-party risk assessments, and
critiquing the calculations and models used by plaintiffs. In this way,
plaintiffs can be prevented from obtaining judgments or settlements based on
unrealistic models or assumptions.
Our
Proposition 65 litigation team is often retained to provide technical
expertise in negotiations with plaintiffs. As a result, our staff is
familiar with approaches used by plaintiffs to generate risk assessments, as
well as how to discredit those prepared by others. Our consultants provide a
comprehensive strategy for litigation, such as preparing for a plaintiff’s
approach to assure that our assessments will withstand hostile examination
and litigation. We also provide alternative or counter approaches that
establish the validity of our models, and to question those used by
plaintiffs, which are often excessively conservative.
TSG
scientists have the extensive expertise required to develop, explain and
apply sound exposure models. The same expertise is available to examine and
call into question other approaches to risk assessment that are excessively
conservative or unwarranted.
Our consultants work as a team to
provide the knowledge, experience, technical expertise and guidance to deter
litigation, if possible. The same resources are applied to defend against
inappropriate assumptions that are often the basis of a plaintiff's claims.
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