Blog
New EU legislation expands access to collective legal action for European consumers
For years, countries in the European Union have offered different levels of access to a collective action against wrongdoing companies. While countries like Italy and Spain have effective systems for collective action in...
AECPA’s Failure to Address Monopolists’ Abuse of Arbitration Is Bad For Everyone
Last month I had the opportunity to help organize a CLE webinar with the New York State Bar Association on the topic of a new Senate legislation, the Anticompetitive Exclusionary Conduct Prevention Act (AECPA). The...
Canada’s Antitrust Regulator Investigates the Crop Inputs Market
Many industries are confronting new challenges due to the pandemic, but American farmers are in a particularly difficult spot. As demand from restaurants, hotels and schools dries up, American farmers are facing even more...
Home Healthcare No Poach – A New Front Opens in the Campaign against Employer Collusion
Contact: Christian Levis (clevis@lowey.com), 914-733-7220 or Roland St. Louis (rstlouis@lowey.com), 914-733-7231 The Department of Justice’s Antitrust Division (“DOJ”) and the Federal Trade Commission issued joint guidance...
SEC Whistleblower Program Set for Banner Year
On April 16, 2020, the Securities and Exchange Commission (“SEC”) awarded $27 million to a whistleblower who provided information that led to an SEC enforcement action. This was the largest award of 2020 and the sixth...
CFTC Announces New Livestock Market Task Force
The livestock industry has faced unprecedented challenges during the COVID-19 pandemic. Plummeting cattle prices and meat processing plant shut-downs have increased volatility in the market. These changes have raised...
California Scheming: Gas Price Manipulation Hits the West Coast
The gas market, with its pricing benchmarks based on self-reported transactions, has long been a fertile field for price manipulation. For example, in In re Natural Gas Commodity Litigation, No. 03 CV 6186 (S.D.N.Y. Oct....
New Jersey & Pennsylvania Hot Spots Among Recent Data Breach Targets
Data breaches are occurring at an alarming frequency. For instance, the University of Maryland estimates that there are approximately 2,244 hacker attacks per day. In the first half of 2019 alone, researchers believe that...
The Table-Turning Rise of Mass Arbitration
Background Over the past decade, corporations have sought to avoid litigation by aggressively imposing arbitration clauses on consumers that remove their ability to seek redress in state or federal court. These...
When a Defendant’s Employee Takes the Fifth During a Deposition
Corporate civil defendants and their employees occasionally face criminal liability for the same conduct that forms the basis of the civil lawsuit against them. In such cases, plaintiffs’ counsel deposing defendants’...