Minding Your Business

Proskauer’s perspective on developments and trends in commercial litigation.

Sixth Circuit Tips the Scale in Split Over What Constitutes an Autodialer Under the TCPA

The Sixth Circuit has joined the Second and Ninth Circuits in their broad interpretation of the Telephone Consumer Protection Act’s (TCPA) autodialer provision. In doing so, it has tipped the scale in a circuit split that is ripe for review by the U.S. Supreme Court. Continue Reading

An Alternative to Foreign Service of Process

A recent opinion from the U.S. District Court for the Southern District of California may help plaintiffs facing the difficulties related to serving foreign defendants, especially in light of challenges caused by the current pandemic. Continue Reading

Price Gouging Laws and Overlapping States of Emergency

Most price gouging laws have been in effect throughout the country since early March due to the pandemic. As hurricane season gets underway, businesses should be aware that new states of emergency may be declared, overlapping with current pandemic states of emergency. New states of emergency may trigger price gouging laws that cover a variety of goods not currently covered under those related to COVID-19. Continue Reading

Pandemic Price Gouging Laws Unintentionally Harming Businesses and Consumers

Most price gouging laws have been in effect for upwards of five months. These laws were not designed for the length and national scope of the current pandemic, which has led to them unintentionally harming businesses and the economy, and ultimately consumers along the way. In a recent Fortune article, Proskauer’s antitrust lawyers Chris Ondeck and Jennifer Tarr discuss several options to remedy these issues while still achieving the goals of these laws.

Read the full article: Pandemic price gouging is a huge issue—but state laws to stop it are creating more problems than they solve

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Visit Proskauer on Price Gouging for antitrust insights on COVID-19.

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Proskauer’s cross-disciplinary, cross-jurisdictional Coronavirus Response Team is focused on supporting and addressing client concerns. Visit our Coronavirus Resource Center for guidance on risk management measures, practical steps businesses can take and resources to help manage ongoing operations.

Is Amazon a Seller? Supreme Court of Pennsylvania Agrees to Decide

In July 2020, the Pennsylvania Supreme Court agreed to tackle the thorny question of whether Amazon can be held liable for defective products sold by third parties on its website. The Third Circuit offered up the case in June after hearing arguments in February and concluding that it was “unable to predict based on existing case law, if and how the Pennsylvania Supreme Court would apply [the law] to e-commerce businesses like Amazon.” The Pennsylvania Supreme Court agreed to address this matter of first impression and decide whether Amazon faces strict liability for products purchased from third-party vendors when the product “was neither possessed nor owned by” Amazon. Continue Reading

How to Calculate a Baseline Reference Price for Price Gouging Compliance

Price gouging statutes typically operate by setting a baseline over which any price increase is presumptively illegal, subject to various exemptions. But different states use different formulas for their baselines. Businesses who provide covered goods or services therefore need to determine the relevant baselines in order to calculate whether, and how much of, a price increase is permissible. Continue Reading

Price Gouging Laws Expected to Remain in Effect Through the End of the Year

In response to the public health crisis caused by COVID-19, states of emergencies were declared across the nation in order to implement emergency response plans and halt the spread of the virus. Generally, state governors have the power to declare states of emergency, by issuing executive orders which outline the duration of the declaration and the conditions that brought about the order. Continue Reading

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