Jeffrey Margulies

Partner-in-Charge, Los Angeles Norton Rose Fulbright US LLP

Los Angeles +1 213 892 9286

San Francisco +1 628 231 6800

Los Angeles +1 213 892 9286

San Francisco +1 628 231 6800

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Jeffrey Margulies

Jeff Margulies focuses on litigation, compliance and regulatory issues regarding consumer products and the companies that manufacture, distribute and sell them. Jeff defends companies in consumer class action litigation matters relating to false advertising, product compliance and privacy issues. His regulatory practice involves a variety of state, federal and international environmental, product safety, chemical management and related regulatory issues, advertising and labelling requirements, as well as consumer privacy, and encompasses compliance, enforcement and litigation.

Jeff's has extensive litigation experience in complex commercial, consumer and personal injury litigation, including federal and state jury and bench trials in cases involving pharmaceutical product liability, asbestos, false advertising and privacy consumer class actions, environmental contamination and regulatory litigation including CEQA, administrative rulemaking and California Proposition 65 enforcement actions. Jeff also has an active appellate practice, with more than a dozen published appellate decisions in which he was the lead author for a party or amicus.

Principaux mandats

Selected recent and ongoing representations include:

Consumer Class Actions and other Consumer Protection Litigation:

· Defend retail pharmacy chain over claim that it unlawfully sells unapproved over-the-counter drugs

· Defend multiple brands over alleged violation of California Organic Food and Farming Act over organic labeling of apparel

· Defend footwear manufacturer in threatened consumer class action over waterproof footwear

· Defend homeopathic drug manufacturer and retailers in multiple class actions asserting misrepresentation of product efficacy, including one case tried to defense verdict

· Defend olive oil producer in multiple class actions over claims of deceptive advertising of the quality of the oil as extra virgin and country of origin

· Defend auto manufacturer in national consumer class action over alleged misrepresentation of vehicle features

Proposition 65:

· Lead joint defense groups in industry-wide enforcement actions over BPA in socks and athletic apparel.

· Lead counsel and negotiated industry-wide settlement for footwear and glove manufacturers over claims of exposure to hexavalent chromium.

· Defend multiple cosmetic manufacturers over claims of exposure to titanium dioxide in powdered cosmetics

· Defense of roaster and multiple retailers in litigation over exposure to acrylamide in coffee

· Trial defense of manufacturer of paper clips over claims of exposure to lead in paper clips

· Represented numerous retailers and distributors in industry-wide settlements over lead and phthalates in fashion accessories

· Representing supplement manufacturer in negotiations with California Attorney General over modification of "lowest feasible" levels of lead in calcium supplements and multivitamins

Product Safety:

· Represent HVAC manufacturer in Consumer Product Safety Commission investigation into timeliness of potential product defect reporting

· Represent retailers in high-profile civil penalty claims relating to alleged failure to report defective products to Consumer Product Safety Commission

· Global audit and recommendations for improvement of manufacturer's product safety, reporting, and recall compliance systems, including business units operating in the Americas, Asia Pacific, and EU.

· Reporting and recall of potentially defective products

· Advise manufacturers and retailers on emerging product safety issues, including PFAS regulations

· Advise retailers and manufacturers in all aspects of product safety compliance

Advertising and Marketing

· Assist clients on permissible label and marketing claims under various state and federal schemes, including litigation and NAD proceedings

· Advise clients on compliance with FDA cosmetic and food labeling requirements

· Advise clients on warranty terms

Compliance and Enforcement

· Represent retailer in multi-county investigation over pricing violations

· Represent retailer in multi-county investigation over alleged failure to refund outstanding gift card balances

· Represent retailer in Department of Energy investigation over alleged violations of appliance efficiency requirements

· Represent retailers in statewide investigations regarding hazardous waste disposal

· Represent retailers in statewide investigations regarding sale of biodegradable plastic products

· Represent food producer in investigation regarding allegedly misleading packaging

Privacy

· Defend multiple clients in class actions and arbitrations over alleged wiretapping and violation of Video Privacy Protection Act through various aspects of websites, including chat functions, session replay, and Facebook/TikTok pixel code.

· Advise law firm in connection with data breach resulting in potential compromise of client data and resulting class action litigation against client over breach

· Defend pharmacy benefits management company in consumer class action over data breach

· Advise clients on CCPA compliance

Defend retailers over claims of requesting personal identification information in connection with credit card transactions

Reconnaissances professionnelles

2023 Litigation Visionary, Los Angeles Times
Chambers USA, California: Environment, Chambers and Partners, 2008 – 2024
Legal 500 US, Recommended Lawyer, Environment: Litigation, The Legal 500, 2021, 2023 – 2024
Legal 500 US, Recommended Lawyer, Product liability, mass tort and class action - defense: Toxic tort, The Legal 500, 2024
Legal 500 US, Recommended Lawyer, Media, Technology and Telecoms - Advertising and Marketing: Litigation, The Legal 500, 2015 – 2018, 2020 – 2021
Legal 500 US, Recommended Lawyer, Dispute resolution - Product liability, mass tort and class action: consumer products (including tobacco), The Legal 500, 2018
Legal 500 US, Recommended Lawyer, Dispute resolution-general commercial disputes, The Legal 500, 2017
Legal 500 US, Environment: Transactional and Regulatory, The Legal 500, 2014
Lawdragon 500 Leading Environmental & Energy Lawyers, Lawdragon, Inc., 2021
Top Litigators & Trial Lawyers in Los Angeles, Los Angeles Business Journal, 2019
Southern California Super Lawyer, Thomson Reuters, 2004 – 2023
Acritas Star, Acritas, 2019 – 2021
The Best Lawyers in America, Best Lawyers, 2008 - 2021
The Best Lawyers in America, Environmental Law, Best Lawyers, 2012 - 2025
The Best Lawyers in America, Litigation – Environmental, Best Lawyers, 2016 - 2025
Southern California's Top Rated Lawyers, LexisNexis Martindale-Hubbell, 2012 – 2013

Formation

JD, Villanova University School of Law, 1986
BS, Psychology, Duke University, 1982

While in law school, Jeff was a member of Law Review and the Order of the Coif. He is admitted to practice law in California, the Northern, Central, Southern and Eastern Districts of California, the Central District of Illinois and before the U.S. Courts of Appeals Third Circuit and Ninth Circuit.

Admissions

California State Bar

Publications

· Contributing author, Consumer Products Law Blog.

· Coauthor, "State of play in website and privacy litigation." Norton Rose Fulbright - Legal Update, July 12, 2024

· Co-author, "CA Court shuts down website accessibility claims for online-only businesses." Norton Rose Fulbright - Legal Update, August 18, 2022.

· Co-author, "The next wave of website consumer class actions emerges from California." Norton Rose Fulbright - Legal Update, August 12, 2022.

· Co-author, "The Uyghur Forced Labor Prevention Act and what it means for retailers and product manufacturers." Norton Rose Fulbright - Legal Update, January 5, 2022.

· Co-author, "Seventh Circuit weighs asking Illinois Supreme Court to resolve construction of the Biometric Information Privacy Act." Norton Rose Fulbright - Legal Update, September 6, 2021.

· Author, "California Consumer Privacy Act enforcement: What are the early lawsuits telling us about the scope of litigation?" Norton Rose Fulbright - Legal Update, May 6, 2020.

· Author, "California High Court Imperils Jury-Trial Right in State Civil Litigation with Unfair Competition Act Ruling" Legal Backgrounder, Vol. 35 No. 13, May 22, 2020

· Co-author, "California Consumer Privacy Act enforcement: What are the early lawsuits telling us about the scope of litigation?" May 6, 2020

· Author, "Trio of Soda Cases Test the Limits of Attorney-Driven Class Action Lawsuits," The WLF Legal Post, June 18, 2018

· Co-author "Seventh Circuit's Ascertainability Decision Deprives Class-Action Plaintiffs and Defendants of Due-Process Protections," Legal Backgrounder, Vol. 30, No. 26, November 6, 2015

· Co-author, "CPSC defers controversial proposed rule," Norton Rose Fulbright - Legal update, May 7, 2014

· Co-author, "Ascertainability Becoming Higher Hurdle In Consumer Class Action Certification," Legal Opinion Letter - Washington Legal Foundation, April 25, 2014

· Co-author, "DTSC announces proposed list of Initial Priority Products for California Green Chemistry regulation," Norton Rose Fulbright - Legal update, March 2014

· Co-author, "Medical experts cast doubt on multivitamin health benefits - Are enforcement efforts and consumer class actions far behind?," Norton Rose Fulbright - Legal update, January 13, 2014

· Co-author, "Medical experts cast doubt on multivitamin health benefits," December 23, 2013

· Co-author, "Final California green chemistry regulation approved," Norton Rose Fulbright Briefing, September 19, 2013

Conférences

· "Consumer markets webinar series: Proposition 65 master class" Norton Rose Fulbright webinar, July 11, 2024

· “State Legislative Initiatives Impacting the Cosmetics and Personal Care Industries: Unveiling the Latest Developments” 11^th Annual Legal, Regulatory and Compliance forum Cosmetics and Personal Care Products, New York, NY, March 20-21, 2024.

· “Consumer markets webinar series: Website litigation update” Norton Rose Fulbright webinar, March 7, 2024.

· "CPG and The Golden State: Prop 65” Consumer Brands Association CPG Legal Forum, San Diego, CA, February 26-28, 2024.

· “Consumer markers webinar series: Greenwashing update” Norton Rose Fulbright webinar, February 8, 2024.

· “United States Consumer Product Safety Commission update” Norton Rose Fulbright webinar, December 7, 2023.

· “Evolving US legislative updates for the consumer products industry” Eurofins webinar, co-organized with Norton Rose Fulbright September 20, 2023.

· “Consumer class actions” Norton Rose Fulbright webinar, September 20, 2023.

· “PFAS and consumer products: Laws, litigation and testing” Norton Rose Fulbright webinar, June 29, 2023.

· “Proposition 65 litigation” Norton Rose Fulbright webinar, June 22, 2023.

· "Website litigation." Norton Rose Fulbright webinar, June 8, 2023.

· "US Legislation - Hot Topics, Trends and Best Practices." OEKO-TEX Summit 2023, April 25, 2023, Seattle, WA.

· "Spotlight on State PFAS Legislation and Its Impact on Cosmetics and Personal Care Products." ACI 10th Annual Legal Regulatory and Compliance Forum on Cosmetics & Personal Care Products, March 28, 2023, New York, NY.

· "Prop 65: Being Prepared and Proactive." American Apparel & Footwear Association Product Safety & Compliance Seminar, February 8, 2023, Long Beach, CA.

· "Prop 65 private enforcers update: Who are they, what are they doing, how are they doing it and to whom?" Norton Rose Fulbright webinar, August 25, 2021.

· "Product safety compliance programs under attack: How to fortify your compliance program to withstand litigation." Norton Rose Fulbright webinar, June 29, 2021.

· "California Proposition 65 update: Regulatory developments and litigation trends." Norton Rose Fulbright webinar, April 20, 2021.

· "Cybersecurity and data privacy litigation update." Norton Rose Fulbright Business Litigation Trends Regional Summit: California, June 23, 2021.

· "Understanding stay-at-home, shelter in place, and other state and local business restrictions," Norton Rose Fulbright webinar, March 24, 2020

· "Chrome VI and 60-Day Notices: A Litigation Update," American Apparel and Footwear Association Product Safety Conference, February 5, 2020, Long Beach, CA.

· "What the new CCPA means for you: Future trends in privacy class action litigation and state AG enforcement," Norton Rose Fulbright/Association of Corporate Counsel webinar, June 5, 2019.

· "Preparing for and Winning Data Breach Litigation Under CCPA," Norton Rose Fulbright webinar, January 29, 2020.

· "Prop 65, CPSC, and California Initiatives," Norton Rose Fulbright Consumer Markets Seminar, November 14, 2019, Minneapolis, MN.

· "Complexities in the Supply Chain," Prop 65 Clearinghouse Conference, September 23, 2019, San Francisco, CA.

· "What the New California Consumer Privacy Act Means for You: Future Trends in Privacy Class Action Litigation," Association of Corporate Counsel webinar, June 5, 2019.

· "Beyond the Horizon: Navigating the Wake of a Foreign Recall in a Round World," Defense Research Institute Product Liability Conference, Austin, Texas, February 6, 2019.

· "Prop 65 and Consumer Class Action Litigation," Groceryshop Conference, Las Vegas, Nevada, October 30, 2018.

· "Prop 65's New Rules of the Road: How are Retailers Navigating the Change in Regulations?", Retail Law Conference 2018, Retail Industry Leaders Association, Austin, Texas, October 11, 2018.

· "Supply Chain Issues Under the New Regulations," Prop 65 Clearinghouse Conference, San Francisco, CA, September 24, 2018.

· "Prop 65 and Food: Forget What You Learned About Science," Institute of Food Technologists, IFT18, Chicago, IL, July 17, 2018.

· "Communicating science to judges and juries: Lessons from the Courtroom," Institute of Food Technologists, IFT18, Chicago, IL, July 17, 2018.

· "Mounting a Strong Defense to Class Actions and Prop 65 Cases Targeting Cosmetics and Personal Care Products," 4th Annual Legal, Regulatory, and Compliance Forum on Cosmetics and Personal Care Products," American Conference Institute, New York, NY, March 7-8, 2017.

· “New and Improved? The New Proposition 65 Warning Regulations,” Los Angeles County Bar Association, December 15, 2016.

· “The Anatomy of a Consumer Class Action Trial,” Defense Research Institute Class Actions Conference, Washington, DC, July 20, 2016.

· “Getting Your Product on the Shelves: Demystifying Retailer Requirements,” American Conference Institute Legal, Regulatory, and Compliance Forum on Cosmetics and Personal Care Products, New York, March 7-8, 2016.

· “State of the Food Court – Update on 9^th Circuit Trends that May Affect Your Litigation Strategy,” American Conference Institute Advanced Summit on Defending Food & Beverage Consumer Fraud Litigation,” San Francisco, CA, January 26, 2016.

· "Navigating the Litigation Threat Stemming from Potentially Disruptive Regulatory Changes," American Conference Institute Chemical Products Liability and Environmental Litigation Conference, New Orleans, LA, April 21-23, 2015.

· "Examining and Adapting to the Green World - Complying with States' and FTC's Green Guidelines," American Conference Institute Consumer Products Regulation and Litigation Conference, Chicago, IL June 11, 2014.

· "Deadening the Blow of California Initiatives that Impose Arduous Conditions on Manufacturers: Proposition 65, Labelling, Green Chemistry," American Conference Institute Chemical Products Liability & Environmental Litigation Conference, Chicago, IL, April 29, 2014.

· "Hot Topics in US Product Safety Regulation," Leather and the Environment; Sustainability in the leather supply chain," Hong Kong, April 1, 2014.

· "The Role of Trade Associations in Advocating for Sensible Chemical Disclosure and Warning Systems," International Association of Defense Counsel Mid-Year Meeting, Carlsbad, CA, February 8, 2014.

Associations et activités

California State Bar - Environmental Section
Los Angeles County Bar Association -
- President-elect and Treasurer (7/1/24 - present)
- Executive Committee (2022 - present)
- Trustee (2019 - present)
- Environmental Section, Executive Committee (2006 - Present); Chair of the Executive Committee (2016-17)
- Finance Committee (2019 - present)
- Chair, Audit Committee (2020-22)
Los Angeles Chancery Club
American Bar Association - Environmental and Administrative Law sections
Bar Association of San Francisco
Santa Monica Bar Association
Prop 65 Clearinghouse Editorial Board (2005 - Present)
International Consumer Product Health & Safety Organization
Defense Research Institute