Federal and State Enforcers Will Scrutinize Pricing Behavior During COVID-19 Pandemic

In addition to drastic changes to everyday life, the COVID-19 pandemic is impacting antitrust enforcement. Companies must be prepared to address these impacts, including steering mergers and acquisitions through regulatory approvals, seizing opportunities to collaborate to solve public health issues raised by COVID-19, and avoiding use of pricing algorithms or other pricing mechanisms that could lead to allegations of price gouging. Indeed, U.S. lawmakers recently urged the Federal Trade Commission (FTC) to act quickly to protect the public from price gouging, particularly for essential COVID-19 health products such as facemasks, disinfectants and hand sanitizers. Thirty-three state attorneys general also recently issued a letter urging the nation’s major retailers to rigorously monitor price gouging practices on their platforms during this time.

To read the full text of this Duane Morris Alert, please visit the firm website.

A Landlord’s Primer For An Uncertain Retail Environment

Landlords are often among the very first to feel the impacts of their tenant’s financial woes. In today’s unpredictable economic environment, many businesses are forced to shut their stores temporarily while the risks of COVID-19 continue to play out. Within the last few days many large and small retailers have unilaterally announced publicly that they would not be paying upcoming rent. In these unprecedented times, landlords must be aware of the risks they face in light of what is certain to be a previously unheard of level of tenant defaults.

To read the full text of this post by Duane Morris partner Rick Hyman, please visit the Duane Morris Business Reorganization and Financial Restructuring Blog.

CPSC Product Safety Obligations Remain in Place During COVID-19; Some Recall Remedies Likely Delayed

With manufacturers, importers, distributors and retailers of consumer products facing significant issues related to the COVID-19 pandemic, the United States Consumer Product Safety Commission has made clear in announcements that its mandatory safety reporting requirements remain strictly in place.

To read the full text of this Alert, please visit the firm website.

Major Retailers Furlough Employees

Some of America’s most prominent publicly traded retailers announced that they would furlough bricks-and-mortar employees as the economy has frozen due to stay-at-home orders to stop the spread of the coronavirus.

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According to the United States Department of Labor report on weekly claims that was issued April 2, the advance figure for seasonally adjusted initial claims during the week ending March 28 was 6,648,000, which is an increase of 3,341,000 from the previous week’s level. In California, the state’s Employment Development Department reported 878,727 unemployment-insurance claims for the week ending March 28. Claims for the week ending March 21 were reported at 186,333. According to Dominica Anderson, partner and team lead for Fashion, Retail and Consumer Branded Products at law firm Duane Morris LLP, much uncertainty remains regarding the future of brands in the apparel industry.

“When you look at the financial impact, I’ve read that reports show some companies are self-reporting that they may take up to a 15 percent hit, others are speculating they will have an 85 percent reduction in profit. Those are pretty big swings,” she said. “In the near future, we’re going to see a larger number of the unemployment applicants from the fashion industry.”

To read the full article, visit the California Apparel News website.

Fair Credit Reporting Act Amended by CARES Act for Accommodations Extended to Consumers During COVID-19

Right now, many creditors may be considering making accommodations to consumers affected by COVID-19 by offering different ways to help ease the burden of existing debt obligations. In doing so, creditors should take care to follow the special credit reporting rules for such accommodations set forth in the recently passed Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”).

To read the full text of this post by Duane Morris attorney Lynne Evans, please visit the Duane Morris Banking and Finance Law Blog.

New Jersey: NJEDA Small Business Emergency Assistance GRANT Program Opens April 3

The New Jersey Economic Development Authority (NJEDA) will launch the application for its Small Business Emergency Assistance Grant Program on Friday, April 3, 2020 at 9:00 am. If you are thinking of applying, a link to the grant program application will be posted on the State’s COVID-19 Business Information Hub. The grant program is part of a package of initiatives announced last week to support businesses and workers facing economic hardship due to the outbreak of the novel coronavirus COVID-19.

This Grant program is a $5M program that will provide grants up to $5,000 to small businesses in retail, arts entertainment, recreation, accommodation, food service, repair, maintenance, personal and laundry services.

To read the full text of this post by Duane Morris partner Brad Molotsky, please visit the Duane Morris Project Development/Infrastructure/P3 Blog.

How to Heed Privacy Law in the Midst of a Pandemic

As countries grapple with the global threat of COVID-19, some are leveraging user location data and tracking apps to model potential contamination paths. China has tapped into its facial recognition tools to track the virus and has deployed drones that tell people to wear masks. Singapore has launched an app called TraceTogether which uses Bluetooth to determine who could be at risk of infection. And the United Kingdom is reportedly in talks with telecom providers on how to best use location data to stem the crisis.

But the coronavirus turning the world upside down does not mean companies can throw out the General Data Protection Regulation and the California Consumer Privacy Act, as well as other privacy protections. Here’s how law experts and companies can comply with existing legal standards and new norms set by the pandemic.

Sandra Jeskie, Duane Morris’ team lead for the technology, media and telecom industry group, said in an email that businesses under GDPR or CCPA still have to comply with the laws unless the information they are sharing is anonymized or de-identified.

To read more of Ms. Jeskie’s comments from thsi article, please visit the Duane Morris website.

Virginia Governor Orders Closures and Occupancy Restrictions on All Nonessential Retail Businesses

Virginia Governor Ralph Northam issued an executive order on March 23, 2020, that closes dine-in restaurants and recreational/entertainment businesses, places patron number restrictions on all nonessential retail businesses, bans gatherings of 10 or more persons, and closes schools for the remainder of the school year.

To read the full text of this Duane Morris Alert, please visit the firm website.

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The opinions expressed on this blog are those of the author and are not to be construed as legal advice.

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