The devastating January 2025 wildfires in southern California prompted Governor Newsom to declare a state of emergency on January 7, 2025 for Los Angeles and Ventura counties. This triggered California laws around price...more
1/29/2025
/ California ,
Compliance ,
Consumer Protection Laws ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Price Gouging ,
State and Local Government ,
State Attorneys General ,
Unfair or Deceptive Trade Practices ,
Unfair Pricing ,
Wildfires
Under Chair Lina Khan, the Federal Trade Commission elevated its focus on labor markets. It promulgated a rule attempting to ban noncompete agreements, now stayed and subject to litigation. It took action against alleged...more
11/25/2024
/ Chevron Deference ,
Constitutional Challenges ,
Department of Justice (DOJ) ,
Employment Litigation ,
Federal Trade Commission (FTC) ,
Loper Bright Enterprises v Raimondo ,
No-Poaching ,
Non-Compete Agreements ,
SCOTUS ,
SEC v Jarkesy ,
Securities and Exchange Commission (SEC) ,
Wage-Fixing
The Department of Justice and eight state attorneys general filed a civil antitrust lawsuit in August against RealPage Inc. – a Texas-based software company that provides property management software – and several landlords...more
11/7/2024
/ Algorithms ,
Anti-Competitive ,
Antitrust Provisions ,
Artificial Intelligence ,
Class Action ,
Department of Justice (DOJ) ,
Infrastructure ,
Motion to Dismiss ,
NCAA ,
Sensitive Personal Information ,
Sherman Act
Pricing algorithms are nothing new. They are, generally speaking, computer programs intended to help sellers optimize prices in real time, or close to it. These programs can use data on demand, costs, or even competitors’...more
In an unsigned per curiam opinion yesterday in Gonzalez v. Google, the U.S. Supreme Court vacated the Ninth Circuit’s judgment— which had held that plaintiffs’ complaint was barred by Section 230 of the Communications Decency...more
A Unique Resource for Businesses Managing Price Gouging Compliance -
The Proskauer on Price Gouging Compendium provides a detailed analysis of price gouging statutes over the 2020 to 2023 pandemic period, covering how...more
Section 230 of the Communications Decency Act was originally thought of as "force for securing decency on the Internet," as the late Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit explained in a...more
The Supreme Court heard oral argument last week in cases that will have extensive implications for online platforms, and, more broadly, for internet speech across the board. Gonzalez v. Google, in particular, may result in a...more
Antitrust claims in a class action case filed against Amazon in U.S. Federal District Court will largely proceed, after the Court allowed most of the consumers’ pricing claims to survive a motion for summary judgment. The...more
One of the bellwether price gouging cases from the early days of the COVID-19 pandemic was recently reversed and remanded by New York’s First Judicial Department of the Appellate Division.
New York Attorney General...more
Lawmakers in Washington, D.C., and California have taken recent steps to further protect the infant formula market from price gouging. On June 7, 2022, the D.C. Council passed the “Infant Formula Consumer Protection Emergency...more
7/13/2022
/ Baby Products ,
California ,
Consumer Product Companies ,
Consumers ,
Executive Orders ,
Food & Drug Regulations ,
Food Supply ,
Local Ordinance ,
New Legislation ,
Price Gouging ,
Retail Market ,
Supply Chain
On May 24, 2022, the FTC announced a widespread inquiry into the ongoing infant formula shortage. The agency had been tasked by the White House with investigating any price gouging or unfair market practices in the industry....more
6/9/2022
/ Baby Products ,
Business Disruption ,
Comment Period ,
Consumer Product Companies ,
Federal Trade Commission (FTC) ,
Food Products . ,
Food Supply ,
Manufacturers ,
Price Gouging ,
Retail Market ,
Suppliers ,
Supply Chain ,
Supply Shortages ,
Unfair or Deceptive Trade Practices
It used to be privacy was largely the domain of constitutional law and patient health care law: the Fourth Amendment, and then the Fourteenth Amendment, and the Health Insurance Portability and Accountability Act (HIPAA)....more
Online platforms that allow users to post content face a constant choice: to remove or to not remove, to police or not to police.
Shakespearean allusions aside, platforms generally want user engagement — to reach as many...more
8/13/2021
/ Anti-Competitive ,
Antitrust Provisions ,
Civil Liability ,
Communications Decency Act ,
Online Platforms ,
PACT Act ,
Section 230 ,
Social Media ,
User-Generated Content ,
Website Owner Liability ,
Websites
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
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
Many companies have increased prices in recent months. Reportedly, across the economy, prices “rose by 5 percent in May compared with a year ago.” Restaurants are raising prices to cover the cost of increases in wages in a...more
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
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
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
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
Class actions plaintiffs and state enforcers have tried to use state price gouging laws to hold online retailers accountable for prices set by third parties. It remains unclear, however, whether platforms will—or can, under...more
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
The Sixth Circuit issued its opinion in the Online Merchants Guild v. Cameron case on April 29, 2021, dissolving a preliminary injunction that had prevented the Kentucky Attorney General from investigating alleged violations...more
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