In recent years, California district attorneys have shifted more of their focus toward larger scale civil actions related to statewide consumer issues like unfair business practices, hazardous waste and food safety issues. The trend of focusing on large companies across jurisdictions underscores what county prosecutors believe is a more effective strategy for enacting change statewide, as opposed to targeting smaller business or individual locations in more narrow cases.

But Litigation partner Roxane Polidora says some large businesses do not appreciate or agree with the prosecutorial strategy. Polidora also told Daily Journal that the shift has made some companies apprehensive to enter the state. While they typically still do thanks to the strong market, many of them reinforce their compliance departments first to protect themselves from potential legal issues.

Some believe the DA offices may be driven in part by 2004’s Proposition 64, which mandates that civil penalties awarded in consumer protection cases be placed in a trust fund strictly for consumer protection enforcement.

“I think there’s a huge incentive for these enforcement agencies to bring these cases because of Prop. 64,” Polidora said. “It provides that all the funds they get can go to further their enforcement action.”