Kelly Landers Hawthorne
Kelly Landers Hawthorne is an associate in the Litigation Department.
While at Columbia, she served as an articles editor of the Columbia Journal of Law & the Arts and was involved with the Lawyering in the Digital Age Clinic. She also worked as a judicial intern for the Honorable Sandra Townes of the United States District Court for the Eastern District of New York.
Kelly is a Teach For America alumnus and taught middle school special education and math in Washington, D.C. prior to law school.
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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 tight labor market. The prices of used and rental cars are quickly rising, due to low inventory … Continue Reading
Last week, gas stations across much of the Southeast saw shortages, demand spikes, and price increases after a cyberattack on a major gasoline pipeline. Proskauer’s price gouging team authored a Law360 article addressing the lessons learned from the past year’s emergencies — whether related to COVID-19 or natural disasters — to analyze the grounds for … Continue Reading
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 the current legal frameworks—be held liable for price increases made by third party vendors. One of the key cases that could … Continue Reading
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 of Kentucky’s price gouging laws, and remanding to the district court for further proceedings.… Continue Reading
In a unanimous opinion, the U.S. Supreme Court held that Section 13(b) of the FTC Act does not authorize the Federal Trade Commission to seek monetary relief in the form of restitution or disgorgement, despite the agency’s redoubled practice of seeking such relief under the Act since 2012. The Court’s opinion significantly reshapes the FTC’s … Continue Reading
On March 18, 2021, retailer Union Square Supply, Inc. filed a civil rights class action lawsuit in the Southern District of New York challenging New York City’s price gouging enforcement practices. The complaint alleges that defendants are responsible for “the creation and maintenance of an illegal and unconstitutional penalty enforcement scheme, abuse of emergency powers, … Continue Reading
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 need to pass along to consumers — at least in part. Given what we have seen in recent months, … Continue Reading
As companies continue to examine their pricing in light of the ongoing COVID-19 pandemic, state attorneys general and private plaintiffs continue to bring suits under state price gouging laws. The complaints include requests for a range of remedies, including injunctions, disgorgement, restitution, fines, or other financial penalties. With the majority of price gouging laws having … Continue Reading
The gravity of the pandemic is palpable, and seemingly constant news about it is hard to escape, with recent reports including updates on the availability of vaccines, the changing scope of various stay-at-home orders, and the perceived risks of new COVID-19 variants. But there will come a time—perhaps sooner than the pessimists predict—when this will … Continue Reading
Businesses regularly engage in promotional pricing and discounts as a sales strategy to attract customers. However, what happens if a business enacted a promotional price right before the pandemic struck and price gouging laws were triggered? Are those businesses stuck with those promotional prices until states of emergency come to an end and price gouging … Continue Reading
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 effectively managed much sooner than experts initially feared. Given the light the end of the tunnel, it is worth … Continue Reading
On November 18, 2020 the Idaho Attorney General entered into a settlement agreement with three gasoline retailers following an investigation into alleged price gouging. The settlement agreement, which focuses largely on the unique restitution system it creates, discloses that the allegations in the case stemmed from the companies’ motor fuel prices following Idaho’s declaration of … Continue Reading
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. But consumers, providers, and others that will have any involvement with vaccine production, distribution, or administration should be aware that the Coronavirus … Continue Reading
Reports of restaurants adding a “COVID surcharge” have become widespread during the pandemic. In recent months, cities and states across the nation have implemented a number of measures designed to help struggling restaurants adapt to the new normal. These include allowing restaurants to implement a “surcharge,” as well as capping fees that third-party delivery services … Continue Reading
On November 24, 2020, a class action price gouging claim was filed against a California based operator of casual fine dining restaurants. The class action lawsuit against Hillstone Restaurant Group alleges price gouging in violation of California Penal Code §396. According to the lawsuit, “Hillstone engaged in unfair and unlawful business practices by increasing its … Continue Reading
Companies that sell consumer products worldwide should note the growing convergence between Brazil and the United States for the use of anticompetitive practices laws to prosecute price gouging. The Brazilian Competition Law (Law No. 12,529/2011) prohibits a non-exhaustive list of anticompetitive practices, including engaging in acts that “arbitrarily increase profits.” Brazil’s antitrust authority, Conselho Administrativo … Continue Reading
Many are asking how long states of emergency can continue to be renewed, and whether such extended renewals are permissible or valid. Given the lack of comparable precedent, there is some uncertainty around the issue. Expectations are that while some courts are likely to defer to the use of extraordinary executive power, not all will … Continue Reading
On November 12, 2020, D.C. Attorney General Karl Racine filed a lawsuit against Capitol Petroleum Group, LLC (“CPG”), a retailer and distributor of gasoline in the District. According to Attorney General Racine, CPG overcharged its customers for gasoline in violation of the Natural Disaster Consumer Protection Act (“NDCPA”). This is the latest example of aggressive … Continue Reading
Out-of-network providers appear to be inflating the price of COVID-19 diagnostic and antibody tests, according to a recent America’s Health Insurance Plans (AHIP) survey. The October 2020 survey reports that out-of-network providers, as a whole, were charging higher prices for nearly half of the COVID-19 diagnostic tests and a third of antibody and antigen tests—a … Continue Reading
China has a very different approach to price gouging restrictions than the state level system in place in the United States. As the Chinese market is of particular importance to our readers and their businesses, operators may benefit from unpacking the anti-price gouging rules contained in national laws and the reinforcing measures against price gouging … Continue Reading
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 may nevertheless find themselves in the crosshairs. The relevant statutes typically impose a form of strict liability, and do not take motive … Continue Reading
We continue to cover the patchwork of price gouging laws and enforcement actions brought under them, providing an overview of the current legal landscape. We are also following and will report on the application of price gouging restrictions outside the U.S. In this post, we provide an overview of price gouging restrictions applied by several … Continue Reading
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 emergency powers. The Hawaii Circuit Court, however, recently dismissed a legal challenge to Hawaii Governor David Ige’s emergency powers. In response to the victory, … Continue Reading
If there is a silver lining to the extended application of most state price gouging laws, it is that we now know more about their ramifications. State attorneys general have launched numerous investigations and brought many lawsuits, and several class actions have been filed by consumers against companies for alleged price gouging up and down … Continue Reading
A Note of Caution: Inflation, Price Increases, and the Lingering States of Emergencies
By Christopher E. Ondeck, John R. Ingrassia, Kelly Landers Hawthorne, Shannon D. McGowan, Nathaniel Miller and Jennifer Tarr on Posted in Antitrust, Price Gouging
Is the Pipeline Interruption a Price Gouging Issue?
By Christopher E. Ondeck, Kelly Landers Hawthorne and Shannon D. McGowan on Posted in Antitrust, Price Gouging
Amazon to Arbitrate Price Gouging Class Action, Leaving Open Questions of Platform Liability
By Christopher E. Ondeck, John R. Ingrassia and Kelly Landers Hawthorne on Posted in Antitrust, Price Gouging
Sixth Circuit Remands Price Gouging Case, Allows Kentucky AG to Resume Investigations
By Christopher E. Ondeck, John R. Ingrassia, Kelly Landers Hawthorne and Jennifer Tarr on Posted in Antitrust, Price Gouging
The FTC’s Enforcement Power: How AMG Reshapes the Landscape
One to Watch: Constitutional Challenges to NYC’s Price Gouging Rule
By Christopher E. Ondeck, John R. Ingrassia and Kelly Landers Hawthorne on Posted in Antitrust, New York Rules, Price Gouging
Good Cause for Surcharges
By Christopher E. Ondeck, John R. Ingrassia and Kelly Landers Hawthorne on Posted in Antitrust, Price Gouging
Price Gouging Settlements Around the Country: Non-Compliance May Cost You
By Christopher E. Ondeck, John R. Ingrassia, Kelly Landers Hawthorne, Nathaniel Miller, Nicollette R. Moser and Jennifer Tarr on Posted in Antitrust, Price Gouging
Are Long-Term Pricing Controls Here to Stay? Three Reasons the Optimists Might Be Right
By Christopher E. Ondeck, John R. Ingrassia, Kelly Landers Hawthorne, Nathaniel Miller, Nicollette R. Moser and Jennifer Tarr on Posted in Antitrust, Life Sciences, Price Gouging
Price Gouging Laws: Can Promotional Pricing Become Your New Price?
By Nicollette R. Moser, Nathaniel Miller, Kelly Landers Hawthorne, Jennifer Tarr, John R. Ingrassia and Christopher E. Ondeck on Posted in Antitrust, Price Gouging
Are Long-Term Pricing Controls Here to Stay? Three Reasons the Pessimists Might Be Right
By Nicollette R. Moser, Nathaniel Miller, Kelly Landers Hawthorne, Jennifer Tarr, John R. Ingrassia and Christopher E. Ondeck on Posted in Antitrust, Life Sciences, Price Gouging
Idaho Attorney General Pumps Brakes on Gas Sales
By Nicollette R. Moser, Nathaniel Miller, Kelly Landers Hawthorne, Jennifer Tarr, John R. Ingrassia and Christopher E. Ondeck on Posted in Antitrust, Price Gouging
Costs of COVID-19 Vaccines: What We Do and Don’t Yet Know
By Nicollette R. Moser, Nathaniel Miller, Kelly Landers Hawthorne, Jennifer Tarr, John R. Ingrassia and Christopher E. Ondeck on Posted in Antitrust, Life Sciences, Price Gouging
Ordering Out During the Pandemic: Surcharges and Delivery Fee Caps Might Be Here to Stay
By Nicollette R. Moser, Nathaniel Miller, Kelly Landers Hawthorne, Jennifer Tarr, John R. Ingrassia and Christopher E. Ondeck on Posted in Antitrust, Price Gouging
California Price Gouging Update: Class Action Filed Against Restaurant Group
By Nicollette R. Moser, Nathaniel Miller, Kelly Landers Hawthorne, Jennifer Tarr, John R. Ingrassia and Christopher E. Ondeck on Posted in Antitrust, California Rules, Price Gouging
International Spotlight: Price Gouging Restrictions in Brazil Converging with U.S. Enforcement
By Nicollette R. Moser, Nathaniel Miller, Kelly Landers Hawthorne, Jennifer Tarr, John R. Ingrassia and Christopher E. Ondeck on Posted in Antitrust, Price Gouging
When Emergencies Become De Rigueur
By Christopher E. Ondeck, John R. Ingrassia, Kelly Landers Hawthorne, Nathaniel Miller, Nicollette R. Moser and Jennifer Tarr on Posted in Antitrust, Federal Rules, Price Gouging
Alleged Price Gouging in the District of Columbia? Attorney General Racine Sets Sights on Local Business
By Nicollette R. Moser, Nathaniel Miller, Kelly Landers Hawthorne, Jennifer Tarr, John R. Ingrassia and Christopher E. Ondeck on Posted in Antitrust, Price Gouging
A Test Costs What? Pricing and Reimbursing COVID-19 Tests
By Nicollette R. Moser, Nathaniel Miller, Kelly Landers Hawthorne, Jennifer Tarr, John R. Ingrassia and Christopher E. Ondeck on Posted in Antitrust, Price Gouging
International Spotlight: Price Gouging Restrictions in China
By Nicollette R. Moser, Nathaniel Miller, Kelly Landers Hawthorne, Jennifer Tarr, John R. Ingrassia and Christopher E. Ondeck on Posted in Antitrust, Price Gouging
Price Gouging and Bad Intent: How Much Does it Matter?
By Nicollette R. Moser, Nathaniel Miller, Kelly Landers Hawthorne, Jennifer Tarr, John R. Ingrassia and Christopher E. Ondeck on Posted in Antitrust, Federal Rules, Price Gouging
Price Gouging Restrictions Beyond the 50 States
By Nicollette R. Moser, Nathaniel Miller, Kelly Landers Hawthorne, Jennifer Tarr, John R. Ingrassia and Christopher E. Ondeck on Posted in Antitrust, Price Gouging
When Governors Bite Back: Circuit Court Upholds Hawaii Governor’s Emergency Powers
By Nicollette R. Moser, Nathaniel Miller, Kelly Landers Hawthorne, Jennifer Tarr, John R. Ingrassia and Christopher E. Ondeck on Posted in Antitrust, Price Gouging
Anatomy of a Price Gouging Suit
By Nicollette R. Moser, Nathaniel Miller, Kelly Landers Hawthorne, Jennifer Tarr, John R. Ingrassia and Christopher E. Ondeck on Posted in Antitrust, Price Gouging
