News & Analysis as of

Goods or Services State of Emergency Coronavirus/COVID-19

Proskauer - Minding Your Business

What the Omicron Variety Could Mean For Price Gouging Enforcement in New York

New York Governor Kathy Hochul has declared a disaster emergency for the state through January 15, 2022 in the wake of rising COVID-19 cases in the state and the newly identified Omicron variant. According to The Wall Street...more

Proskauer - Minding Your Business

New York’s Overlapping Price Gouging Laws

On June 24, 2021, New York celebrated the lifting on most COVID-19 restrictions. Governor Andrew Cuomo announced the COVID-19 state of emergency would officially expire. With the expiration of the emergency declaration, the...more

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Price Gouging Weekly Round Up - July 2021

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Price gouging enforcement and litigation is front and center for company counsel and business managers nationwide. Our weekly round up highlights some of the most relevant news and information for our clients and friends....more

Proskauer - Minding Your Business

Hard to Say Goodbye: States Are Slowly Lifting States of Emergency

In recent weeks many states have either started lifting pricing restrictions put in place during the COVID-19 pandemic or announced their plans to do so. Still, some state governments have indicated that they will continue to...more

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Price Gouging Weekly Round Up - June 2021 #3

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Price gouging enforcement and litigation is front and center for company counsel and business managers nationwide. Our weekly round up highlights some of the most relevant news and information for our clients and friends....more

Proskauer - Minding Your Business

COVID Winds Down, but States Ramp Up Price Gouging Legislation

Even as Governors lift mask mandates and sporting events welcome fans to stadiums, some states are revisiting their price gouging laws. Recently, several states have advanced legislation to amend or create price gouging...more

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Price Gouging Weekly Round Up - June 2021

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Price gouging enforcement and litigation is front and center for company counsel and business managers nationwide. Our weekly round up highlights some of the most relevant news and information for our clients and friends....more

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Price Gouging Weekly Round Up - May 2021 #4

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Price gouging enforcement and litigation is front and center for company counsel and business managers nationwide. Our weekly round up highlights some of the most relevant news and information to our clients and friends....more

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Price Gouging Weekly Round Up - May 2021 #3

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Price gouging enforcement and litigation is front and center for company counsel and business managers nationwide. Our weekly round up highlights some of the most relevant news and information to our clients and friends. ...more

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Price Gouging Weekly Round Up - May 2021 #2

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Price gouging enforcement and litigation is front and center for company counsel and business managers nationwide. Our weekly round up highlights some of the most relevant news and information to our clients and friends....more

Proskauer - Minding Your Business

A Comedy of Errors Sinks a Local Government’s Price Gouging Case

In a case of mistaken identity and a web of conflicting testimony, a Fresno local business successfully appealed a price gouging fine. The saga between the store and the City of Fresno offers insights in the importance of...more

Proskauer - Minding Your Business

Price Gouging Legislation on the Horizon in States Without Laws

While the majority of states have had price gouging laws on the books since before the pandemic, widespread pandemic price gouging has led states without laws to reconsider. Some states, like Colorado, passed price gouging...more

Proskauer - Minding Your Business

Rental Properties Not Exempt From Price Gouging Laws

While PPE, toilet paper, and groceries make price gouging headlines, consumer goods are not the only goods covered by price gouging laws in many states. Less publicized, but equally important, lodging or housing may be found...more

Proskauer - Minding Your Business

How to Freeze a Case: Defending a Price Gouging Suit after the Winter Storms

As Texas and other southern states thaw from a frigid winter storm, companies doing business in these states should assess and take steps to minimize the risk of a price gouging claims. As suits are filed in the wake of the...more

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Price Gouging Weekly Round Up - February 2021 #3

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Price gouging enforcement and litigation is front and center for company counsel and business managers nationwide. Our weekly round up highlights some of the most relevant news and information for our clients and friends....more

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Price Gouging Weekly Round Up - February 2021 #2

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Price gouging enforcement and litigation is front and center for company counsel and business managers nationwide. Our weekly round up highlights some of the most relevant news and information for our clients and friends....more

Proskauer - Minding Your Business

Price Gouging Settlements Around the Country: Non-Compliance May Cost You

As companies continue to examine their pricing in light of the ongoing COVID-19 pandemic, state attorneys general and private plaintiffs continue to bring suits under state price gouging laws. The complaints include requests...more

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Are Long-Term Pricing Controls Here to Stay? Three Reasons the Optimists Might Be Right

The gravity of the pandemic is palpable, and seemingly constant news about it is hard to escape, with recent reports including updates on the availability of vaccines, the changing scope of various stay-at-home orders, and...more

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Price Gouging Weekly Round Up - January 2021 #2

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Price gouging enforcement and litigation is front and center for company counsel and business managers nationwide. Our weekly round up highlights some of the most relevant news and information for our clients and friends....more

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Price Gouging Weekly Round Up - January 2021

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Price gouging enforcement and litigation is front and center for company counsel and business managers nationwide. Our weekly round up highlights some of the most relevant news and information for our clients and friends....more

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Price Gouging Weekly Round Up - December 2020 #2

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Price gouging enforcement and litigation is front and center for company counsel and business managers nationwide. Our weekly round up highlights some of the most relevant news and information for our clients and friends....more

Proskauer - Minding Your Business

When Emergencies Become De Rigueur

Many are asking how long states of emergency can continue to be renewed, and whether such extended renewals are permissible or valid. Given the lack of comparable precedent, there is some uncertainty around the issue....more

Proskauer - Minding Your Business

Alleged Price Gouging in the District of Columbia? Attorney General Racine Sets Sights on Local Business

On November 12, 2020, D.C. Attorney General Karl Racine filed a lawsuit against Capitol Petroleum Group, LLC (“CPG”), a retailer and distributor of gasoline in the District. According to Attorney General Racine, CPG...more

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Price Gouging Weekly Round Up - November 2020 #3

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Price gouging enforcement and litigation is front and center for company counsel and business managers nationwide. Our weekly round up highlights some of the most relevant news and information for our clients and friends. ...more

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Price Gouging Weekly Round Up - November 2020 #2

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Price gouging enforcement and litigation is front and center for company counsel and business managers nationwide. Our weekly round up highlights some of the most relevant news and information to our clients and friends....more

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