News & Analysis as of

Price Gouging State and Local Government

Cozen O'Connor

Connecticut Enacts New Law Strengthening Consumer Protections

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The Connecticut legislature has passed a sweeping new consumer protection law addressing hidden fees, subscription practices, electronic privacy, price gouging, and right-to-repair requirements, among other things....more

Proskauer - Minding Your Business

Pricing Considerations in the Aftermath of the California Wildfires

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

Lewitt Hackman

Landlords: Proceed With Caution in Wake of Los Angeles Wildfires

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State and local governments enacted new protections for residential tenants in the wake of the firestorms that razed large parts of Southern California. These protections are intended to help tenants navigate the challenges...more

Ballard Spahr LLP

January 2025 Multifamily Alert

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With the New Year under way, we wanted to provide updates on legislative activity and other developments affecting multifamily properties in the region and across the country, including Maryland Building Energy Performance...more

Morrison & Foerster LLP

MoFo’s State + Local Government Enforcement Newsletter - October 2023

Morrison & Foerster LLP on

Morrison Foerster’s State and Local Government Task Force is pleased to provide our bimonthly newsletter summarizing some of the most important and interesting developments from state attorneys general across the country and...more

Kelley Drye & Warren LLP

NY Attorney General Proposes Price Gouging Rules

Last week, as severe weather hit the country, price gouging laws were triggered ranging as far as California to Kentucky. And as we’ve previously reported, complying with the varied state price gouging laws can be tricky,...more

Sheppard Mullin Richter & Hampton LLP

States Target Infant Formula Price Gouging

There has been a nationwide shortage of infant formula following a recall and temporary closure of a major infant formula manufacturing facility in February 2022. This facility supplied as much as 40% of the nation’s infant...more

Mayer Brown

More Polar Vortex 2021 Fallout: 2nd PUCT Commr. Resigns, Lt. Gov. Calls on PUCT or ERCOT to "Fix" $16B "Error"

Mayer Brown on

On March 8, 2021, Commissioner Shelly Botkin resigned immediately from the Public Utility Commission of Texas (PUCT), leaving the PUCT with only one sitting commissioner. Somewhat unusually, under Texas’ Public Utility...more

Mayer Brown

More Polar Vortex 2021 Fallout (and Texas Two-Step): Monitor for ERCOT Identifies Improper Payments for Ancillary Services and...

Mayer Brown on

On March 1, 2021, Potomac Economics, the Independent Market Monitor (IMM) for the Electric Reliability Council of Texas (ERCOT), filed a report with the Public Utility Commission of Texas (PUCT) that certain payments were...more

Sheppard Mullin Richter & Hampton LLP

Amended California Price Gouging Law Closes Potential Loopholes

California Penal Code § 396 prohibits price gouging in California during a state of emergency. California enacted a few amendments to Section 396 that are effective now. As explained in more detail below, among other things,...more

Proskauer - Minding Your Business

Price Gouging and Bad Intent: How Much Does it Matter?

Although much of the coverage relating to price gouging enforcement has focused on bad actors hoarding pandemic-related goods, businesses that make good faith efforts to comply with the panoply of price gouging restrictions...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

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

Fox Rothschild LLP

Caution: NJ Attorney General’s Office Looking To Expand Price Gouging Laws

Fox Rothschild LLP on

New Jersey has been actively enforcing its price gouging law almost since the start of the COVID-19 pandemic in March. As the state of emergency continues, Deputy Attorneys General (DAGs) appear to be expanding the ambit of...more

Proskauer - Minding Your Business

Price Gouging Compliance Practice Tips: Conduct a Price Gouging Audit

Understanding and Reacting to New and Increased Risks - Businesses are facing new and increased risks as they work to continue operations and meet changing demand. The unprecedented duration and nationwide scope of the...more

Rivkin Radler LLP

Amended Law Increases Civil Penalties for Greed During Crisis

Rivkin Radler LLP on

As New York gradually reopens, our “new normal” has created increased demand for personal protective equipment (PPE) and cleaning supplies. In my previous bulletin, I addressed the potential criminal consequences that federal...more

Foley & Lardner LLP

Antitrust Counseling in the Pandemic Economy: Six Trends to Watch

Foley & Lardner LLP on

The coronavirus pandemic has shocked the global economy, transformed industries, and upended our daily lives. Its effects will be felt for years. So, what do these changes mean for antitrust counseling? This article explains...more

Seyfarth Shaw LLP

Price Gouging in California (and Elsewhere) During COVID-19 ... And the Claims That Are Likely to Follow

Seyfarth Shaw LLP on

On March 4, 2020, California Governor Gavin Newsom declared a state of emergency in response to the COVID-19 public health emergency. Price gouging is illegal in all California communities during the declared state of...more

Dorsey & Whitney LLP

California’s Sweeping Price-Gouging Statute Presents Unique Risks to Manufacturers, Wholesalers, Distributors and Retailers of...

Dorsey & Whitney LLP on

Unchartered Waters - State price-gouging laws have come into focus in recent weeks as all 50 states have declared an emergency in the wake of the COVID-19 crisis. There is a relatively underdeveloped body of...more

McDermott Will & Emery

Price Gouging in the Crosshairs During COVID-19

McDermott Will & Emery on

In the midst of the Coronavirus (COVID-19) pandemic, states are closely monitoring companies’ pricing of personal protective equipment, food and other essential supplies. This On the Subject offers an overview of state price...more

Proskauer - Minding Your Business

Florida Man Fined For… Price Gouging?

In the past month, Florida’s Attorney General has received thousands of complaints about price gouging across the state. As a result, Florida is taking action...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

Lewitt Hackman

City of Los Angeles Emergency Order: Comply or Face Fines and Imprisonment

Lewitt Hackman on

On April 7, 2020, Mayor Eric Garcetti issued an emergency “Worker Protection Order” directing essential businesses (such as grocery stores, laundromats, and hotels) and their customers/visitors, to take specified measures to...more

Beveridge & Diamond PC

Fourth Circuit Holds Maryland Ban on Pharmaceutical “Price Gouging” Unconstitutionally Regulates Out-of-State Business Activity,...

Beveridge & Diamond PC on

The U.S. Court of Appeals for the Fourth Circuit has struck down a Maryland law banning “excessive” prices for generic drugs, breathing new life into the extraterritoriality prong of the Dormant Commerce Clause that prohibits...more

Jones Day

State Attorneys General Vigilant on Price Gouging Following Hurricanes Harvey and Irma

Jones Day on

Many states have prohibitions on price gouging that go into effect during states of emergency. In this hurricane season, seven U.S. states and territories have declared emergencies. The Impact: Although hurricanes often...more

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