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
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
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...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...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...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...more
With the federal government’s increasing focus on enforcing price gouging compliance, attention has turned to the Defense Production Act (the “DPA”). Passed in 1950 in response to the Korean War, the DPA is modelled on the...more
7/17/2020
/ Antitrust Provisions ,
CARES Act ,
Coronavirus/COVID-19 ,
Defense Production Act ,
Department of Defense (DOD) ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Medical Supplies ,
Natural Disasters ,
Personal Protective Equipment ,
Price Gouging ,
Trump Administration
While the majority of price gouging enforcement has occurred at the state level (see Proskauer on Price Gouging — A Coast-to-Coast Reference Guide), the federal government has also been active, and several federal price...more
In response to the current pandemic, antitrust enforcers at the Department of Justice have been issuing business review letters at record pace. One of these business review letters addressed an inquiry from the pork industry...more
6/2/2020
/ Antitrust Division ,
Antitrust Provisions ,
Antitrust Violations ,
Business Review Letters ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Goods or Services ,
Price Gouging ,
State of Emergency ,
USDA