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Minding Your Business

Price Gouging Laws and Overlapping States of Emergency

By Christopher E. Ondeck, John R. Ingrassia, Kelly Landers Hawthorne, Nathaniel Miller, Nicollette R. Moser & Jennifer Tarr

August 6, 2020

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.…

Minding Your Business

Pandemic Price Gouging Laws Unintentionally Harming Businesses and Consumers

By Christopher E. Ondeck & Jennifer Tarr

August 5, 2020

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…

Minding Your Business

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

By Ariella Muller

August 5, 2020

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…

Employee Benefits & Executive Compensation Blog

Side by Side Comparison: Electronic Disclosure Rules for Pension & Welfare Plans

By Katrina McCann

August 5, 2020

The DOL recently provided retirement plans with a new method to comply electronically with certain participant disclosure and notice requirements. See our blog post outlining the new DOL rule. This new method adds to the previously issued DOL safe harbor and the IRS rules. Below is a side-by-side general comparison to help plan administrators keep track of when each method may be used, and what requirements must be met. Plan administrators should consult with…

Proskauer Whistleblower Defense

ARB Denies Equitable Tolling of 180-Day Statute of Limitations Under SOX

By Lloyd B. Chinn, Pinchos Goldberg & Scott Tan

August 5, 2020

On June 29, 2020, the Administrative Review Board (“ARB”) upheld the dismissal of a whistleblower retaliation complaint under Section 806 of the Sarbanes-Oxley Act (“SOX”) for failure to file within the 180-day statutory deadline. Xanthopoulos v. Marsh & McLennan Companies, Inc., ARB Case No. 2019-0045 (June 29, 2020). Background Complainant was an employee of Mercer Investment Consulting, an operating company owned by Marsh & McLennan Companies. Complainant was fired on October 3, 2017, and…

Government Contractor Compliance & Regulatory Update

Executive Order Addresses Federal Contractors’ Use of Foreign Workers

By Guy Brenner, David Grunblatt & Caroline Guensberg

August 4, 2020

Quick Hit: On August 3, 2020, President Trump issued an “Executive Order on Aligning Federal Contracting and Hiring Practices With the Interests of American Workers” (the “Order”), which requires federal agencies to perform an internal audit of their contracting practices and the use of foreign workers by federal government contractors. Further, the Order instructs the Secretaries of Labor and Homeland Security to ensure the employment of H-1B visa holders by contractors does not…

Minding Your Business

How to Calculate a Baseline Reference Price for Price Gouging Compliance

By Christopher E. Ondeck, John R. Ingrassia, Kelly Landers Hawthorne, Nathaniel Miller, Nicollette R. Moser & Jennifer Tarr

August 4, 2020

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.…

Proskauer For Good

Collaborating with Community Organizers for Social Justice: An Interview with Michael Stanley and Ray Lopez

By Erin Meyer & Olivia Jones

August 3, 2020

This week we had the privilege of speaking with Michael Stanley, a professional community organizer with Manhattan Together and South Bronx Churches Sponsoring Committee (SBC), and Ray Lopez, the Director of Environmental Health Services of the Little Sisters of the Assumption Family Health Service (LSA), on the topic of pro bono lawyering for social justice in collaboration with community organizers. Manhattan Together, SBC, and LSA are nonprofit organizations and members of Metro IAF, a…

Minding Your Business

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

By Christopher E. Ondeck, John R. Ingrassia, Kelly Landers Hawthorne, Nathaniel Miller, Nicollette R. Moser & Jennifer Tarr

August 2, 2020

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.…

California Employment Law Update

July 2020 California Employment Law Notes

By Tony Oncidi

July 31, 2020

We invite you to review our newly-posted July 2020 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Supreme Court Recognizes Discrimination Protection For Gay/Transgender Employees Under Title VII Dark Day For Hollywood – Law Prohibiting Online Publication Of Actors’ Ages Is Struck Down Airline Employees Whose Base of Work Is In California Must Receive Legally Compliant Wage Statements IATSE Signatory Was …

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Price Gouging Laws and Overlapping States of Emergency

Pandemic Price Gouging Laws Unintentionally Harming Businesses and Consumers

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

Side by Side Comparison: Electronic Disclosure Rules for Pension & Welfare Plans

ARB Denies Equitable Tolling of 180-Day Statute of Limitations Under SOX

Executive Order Addresses Federal Contractors’ Use of Foreign Workers

How to Calculate a Baseline Reference Price for Price Gouging Compliance

Collaborating with Community Organizers for Social Justice: An Interview with Michael Stanley and Ray Lopez

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

July 2020 California Employment Law Notes

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