News & Analysis as of

Price Gouging Infectious Diseases

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

Minnesota Files Price Gouging Suit Against Egg Producer

Although many states of emergency have expired, new lawsuits that allege price gouging continue to be filed. On September 3, 2021, Minnesota Attorney General Keith Ellison filed a complaint in Minnesota state court against...more

Proskauer - Minding Your Business

E-Commerce Platform Facing Price Gouging Scrutiny

In the early days of the pandemic, COVID-19 was synonymous with a mad dash for anti-virus home items like hand sanitizer, toilet paper, and anti-bacterial wipes. Amazon emerged from the shopping frenzy as key source of these...more

Robins Kaplan LLP

Financial Daily Dose 3.5.2021 | Top Story: Powell Tries to Sooth Jumpy Markets Fearing Weak Jobs Report

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Jobs Report Friday again! Here’s what we’re looking for in the February numbers, which are expected to be relatively modest...more

Proskauer - Minding Your Business

Good Cause for Surcharges

Almost a year into the business disruptions caused by the pandemic, businesses continue to find ways to adapt and to comply with new pricing restrictions. Some of these changes relate to additional costs that businesses may...more

Hogan Lovells

Coronavirus: The Hill and the Headlines, February 2021 # 19

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In Washington: The House of Representatives was set to pass its $1.9 trillion pandemic relief package (H.R. 1319), late Friday night over solid Republican opposition. The passage is a key step toward giving President Joe...more

Cadwalader, Wickersham & Taft LLP

State Attorney General Insider – Winter 2020-2021, Issue No. 3: Notable Cases

Notable Cases - Here are a few of the major cases of interest within the state Attorneys General community that are receiving significant press coverage. ...more

Proskauer - Minding Your Business

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

In some ways, it feels like the country is moving into another phase of how we experience the COVID-19 pandemic. With two vaccines in distribution, and more vaccine approvals possible, the pandemic could very well be...more

Proskauer - Minding Your Business

Costs of COVID-19 Vaccines: What We Do and Don’t Yet Know

The roll-out of vaccine approvals has led to some confusion over what charges consumers might be asked to cover. This echoes the confusion previously discussed with respect to COVID-19 diagnostic and antibody test pricing....more

Robins Kaplan LLP

Financial Daily Dose 12.7.2020 | Top Story: November Hiring Well Below Expectations as Employment Recovery Stalls

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Friday’s jobs report was not only 200,000 jobs below projections for November, but it marked the fifth straight month of a diminished pace of hiring in the United States and brought urgency to facing the reality that there...more

Orrick, Herrington & Sutcliffe LLP

Court of Appeals to Decide Whether Kentucky Price Gouging Statute Violates Commerce Clause

The Sixth Circuit Court of Appeals later this year will hear oral arguments in an important case deciding whether a lower federal court correctly enjoined the Kentucky Attorney General from applying the State’s price gouging...more

Proskauer - Minding Your Business

When Governors Bite Back: Circuit Court Upholds Hawaii Governor’s Emergency Powers

As mentioned in our previous post, the legality of state Governors’ emergency powers have come under scrutiny during the pandemic. Michigan’s Supreme Court, for example, recently struck down Governor Gretchen Whitmer’s...more

Proskauer - Minding Your Business

Beyond the Pandemic: Pharmaceutical Industry Compliance Considerations

Since the ongoing states of emergency were put in place in response to a health crisis, pricing in the pharmaceutical industry is under more of a microscope than usual. While the immediate focus may be on products that are...more

Spilman Thomas & Battle, PLLC

COVID-19 and Unprecedented: Litigation Insights, Issue 21 - August 2020

This 21st edition of Unprecedented, our weekly update on COVID-19-related litigation, pairs defense victories with new claims. Lenders obtained the dismissal of a lawsuit claiming agent fees under the PPP program, and...more

Rumberger | Kirk

A Look at Covid-19 Litigation and Key Considerations to Mitigate Potential Litigation

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Since March 2020, approximately 4,219 Covid-19 related cases have been filed across the United States, including: 1,004 Insurance Related Cases... 716 Prisoner/Habeas Corpus Cases... 538 Civil Rights Cases... 415 Labor and...more

Proskauer Rose LLP

Price Gouging Weekly Round Up - August 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

Proskauer Rose LLP

Price Gouging Weekly Round Up - July 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

Proskauer - Minding Your Business

“Covid Surcharges” – Fair Game, or a Price Increase by Another Name?

As businesses figure out how to be creative and continue to operate during the pandemic, some have turned to “Covid surcharges” to account for new or increased costs. “Surcharges” may seem more benign than direct price...more

Womble Bond Dickinson

Face Masks – Liability Considerations for Manufacturers and Sellers

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The Centers for Disease and Control and Prevention (CDC) is now recommending that the general public wear face masks to help slow the spread of COVID-19. Along with this recommendation, many businesses, individuals, and other...more

Rivkin Radler LLP

Whether Buying or Selling PPE, Protect Yourself

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There is no question that the COVID-19 pandemic has caused a shortage of personal protective equipment (PPE) and certain cleaning supplies. Although it may be tempting for manufacturers, suppliers and others with access to...more

Kelley Drye & Warren LLP

As the Spread of Coronavirus Slows, a Contagion of Class Actions Has Only Begun

Companies continue to reel from business disruptions caused by the spread of coronavirus, and in many cases have struggled to navigate the swiftly changing landscape in which they are required to operate (or not operate). ...more

Proskauer - Minding Your Business

The House Targets Price Gouging, Again

Even though states are leading the way on price gouging enforcement, recent action in Congress may lead to overlapping federal government enforcement. Recent Congressional letters, statements, and proposed bills show a...more

Bond Schoeneck & King PLLC

Anti-Price Gouging Laws to be Aware of During COVID-19 Emergency

Complaints of price gouging have surged in New York and throughout the country. Consumer protection statutes that prohibit price gouging exist in most states, and—like in New York—often go into effect automatically during a...more

Searcy Denney Scarola Barnhart & Shipley

Consumer Protection Tips During the COVID-19 Pandemic — A Former Enforcement Attorney Perspective: Price Gouging

We have all heard the stories of individuals who have stockpiled supplies like gloves and hand sanitizer to sell at the highest price. And it’s not just individuals; businesses also appear to be taking advantage of a surge in...more

Cooley LLP

Alert: COVID-19: Antitrust Implications of Dynamic Pricing, Online Third-Party Seller Platforms and Price Gouging

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COVID-19 has disrupted supply and demand for public health products and other essential goods and services. In response to surging demand, prices for many of these items have increased sharply. These increases have drawn...more

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