Kelly Landers Hawthorne
Associate
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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The pandemic has demonstrated that price gouging laws are not only written in an ambiguous manner, but are ambiguous as to whether they are in effect or not. A recurring problem faced by businesses is that some states are not widely circulating information about whether their price gouging laws are still active, when they expire, … Continue Reading
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 gouging bills have been introduced, though none have been signed into law. See, e.g., S. 3574 (empowers the FTC and Attorney … Continue Reading
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 emergency has created additional complexities for companies that operate on a nationwide basis. They often must comply with price gouging laws in … Continue Reading
During the pandemic, businesses are asking about their potential price gouging liability in states that they do not sell into directly but where their products might end up. At least one federal circuit court addressed this question in examining a Maryland price gouging law that covered pharmaceuticals (outside the emergency context), ultimately striking down the … Continue Reading
As businesses figure out how to be creative and continue to operate during the pandemic, some have turned to “Covid surcharges” to account for new or increased costs. “Surcharges” may seem more benign than direct price increases. Still, they need to be considered with an eye towards compliance with local price gouging laws.… Continue Reading
Despite the continued implementation of state price gouging laws, many companies have been able to legally raise their prices by relying on exceptions related to cost increases. Many have asked whether the exception nevertheless presents risk to the extent it is used as a basis to maintain current margin levels. While this is not a settled … Continue Reading
As new restrictions addressing the economic impacts of COVID-19 continue to be proposed, some are targeting price increases for services. Businesses may want to re-familiarize themselves with the “services” covered by existing price gouging laws and pay close attention to developments, as they may cover unexpected areas.… Continue Reading
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 about reducing supply based on the COVID pandemic disruption. This raises the question as to whether the DOJ letter about antitrust … Continue Reading
States around the country have activated their price gouging statutes due to the COVID 19 pandemic. These temporary restrictions typically go into effect upon the declaration of a local, state or national emergency. However, even though all the emergency declaration began at roughly the same time (the first week of March 2020), they likely will … Continue Reading
In a decision with major implications for fans of wine, liquor, or free trade, the Supreme Court has affirmed a ruling that struck down a Tennessee law, which imposed certain residency requirements to operate retail liquor stores, as impermissibly violating the Commerce Clause. Tennessee Wine and Spirits Retailers Assn. v. Thomas. Justice Alito, writing for the majority … Continue Reading
In its recent decision in Hall vs. Hall, the U.S. Supreme Court ruled unanimously that after a final decision in one of several consolidated cases, the losing party has the immediate right to appeal that decision, even when other consolidated cases are still pending. Courts may consolidate cases for efficiency. Writing for the Court, Justice … Continue Reading
If the government obtains information about your past locations from your wireless provider, is that a search? If so, is it a search that requires the government to obtain a warrant? Courts have held that, because companies collect this kind of data in the ordinary course of business, consumers who voluntarily provide information to these … Continue Reading
When Will It End? – Price Gouging Restrictions Remain in Place for Uncertain Period
By Christopher E. Ondeck, John R. Ingrassia, Kelly Landers Hawthorne, Nathaniel Miller and Nicollette R. Moser on Posted in Antitrust
Federal Price Gouging Enforcement Update
Price Gouging Compliance Practice Tips: Conduct a Price Gouging Audit
By Christopher E. Ondeck, John R. Ingrassia, Kelly Landers Hawthorne, Nathaniel Miller, Nicollette R. Moser and Jennifer Tarr on Posted in Antitrust
Price Gouging Laws and the Dormant Commerce Clause?
By Christopher E. Ondeck, John R. Ingrassia, Kelly Landers Hawthorne, Nathaniel Miller, Nicollette R. Moser and Jennifer Tarr on Posted in Antitrust
“Covid Surcharges” – Fair Game, or a Price Increase by Another Name?
By Christopher E. Ondeck, John R. Ingrassia, Kelly Landers Hawthorne, Nathaniel Miller, Nicollette R. Moser and Jennifer Tarr on Posted in Antitrust
Pricing Around the Margins: Is it Price Gouging if My Costs Have Gone Up?
By Christopher E. Ondeck, John R. Ingrassia, Kelly Landers Hawthorne, Nathaniel Miller, Nicollette R. Moser and Jennifer Tarr on Posted in Antitrust
Price Gouging and Services: Third-Party Food Delivery Price Gouging?
Clearance to Reduce Capacity May Not Be Clearance to Raise Prices: Can Business Review Letters Impact Price Gouging Compliance?
When Do Price Gouging Laws Expire?
By Christopher E. Ondeck, John R. Ingrassia, Kelly Landers Hawthorne, Nathaniel Miller, Nicollette R. Moser and Jennifer Tarr on Posted in Antitrust
State Liquor Law Tossed: Industry Changes Ahead
By Kelly Landers Hawthorne on Posted in Commercial Litigation, Litigation
Consolidation, Like Marriage, Preserves the Distinct Identities and Rights of Its Constituents
By Kelly Landers Hawthorne on Posted in Appellate, E-Discovery, Litigation
Privacy vs. Security: Will SCOTUS Leave the (Third) Party in 2018?
By Kelly Landers Hawthorne on Posted in Appellate, E-Discovery, Privacy, Securities Law
