Proskauer's Price Gouging Group
Christopher E. OndeckPartner
Chris Ondeck is head of the Washington, DC office and co-chair of the Firm’s Antitrust Group. Chris is one of the most highly rated antitrust… Chris Ondeck is head of the Washington, DC office and co-chair of the Firm’s Antitrust Group. Chris is one of the most highly rated antitrust trial lawyers in the United States. In 2023, he won the largest antitrust jury trial of the year, and one of the largest in history, by defending Sanderson Farms as the sole non-settling defendant where the direct purchaser plaintiffs alleged $7 billion in damages. The significance of the trial victory was widely reported by Reuters, Bloomberg Law, Law360, and other publications, calling it a “blockbuster case.” Law360 noted that Chris “blasted” the plaintiffs’ assertions at trial and called it one of the biggest trial decisions of the year. Chris and his team were named Litigators of the Week by the American Lawyer. Benchmark Litigation also shortlisted Chris for antitrust litigator of the year in 2023. Chris is a go-to litigator for clients in high-profile antitrust matters, including AARP, Amtrak, AT&T, Butterball, Cardinal Health, Continental Resources, Daybreak Foods, Discovery, DuPont, Ocean Spray, SpaceX, Sunkist, Wayne Sanderson Farms, Welch’s, and Weyerhaeuser. He also has 30-years’ expertise with the Capper-Volstead Act’s application and interpretation for agricultural cooperatives, and serves as outside counsel to a large number of industry groups, including trade associations and cooperatives. Chris has been recognized as a leading antitrust practitioner by Chambers, noting that clients describe him as “our primary thought partner – he’s very good at explaining the complex issues and making them easy to understand” and praising “his strong advocacy skills”; by The National Law Review as a “Go To Thought Leader”; by Acritas as a “Star” for multiple years; by Benchmark Litigation as a National Litigation Star; and by The Legal 500 United States for Antitrust: Civil Litigation/Class Actions. | John R. IngrassiaPartner
John is a partner at the Firm, advising on the full range of foreign investment and antitrust matters across industries, including chemicals, pharmaceutical, medical devices… John is a partner at the Firm, advising on the full range of foreign investment and antitrust matters across industries, including chemicals, pharmaceutical, medical devices, telecommunications, financial services consumer goods and health care. He is the first call clients make in matters relating to competition and antitrust, CFIUS or foreign investment issues. For more than 25 years, John has counselled businesses facing the most challenging antitrust issues and helped them stay out of the crosshairs — whether its distribution, pricing, channel management, mergers, acquisitions, joint ventures, or price gouging compliance. John’s practice focuses on the analysis and resolution of CFIUS and antitrust issues related to mergers, acquisitions, and joint ventures, and the analysis and assessment of pre-merger CFIUS and HSR notification requirements. He advises clients on issues related to CFIUS national security reviews, and on CFIUS submissions when non-U.S. buyers seek to acquire U.S. businesses that have national security sensitivities. He also regularly advises clients on international antitrust issues arising in proposed acquisitions and joint ventures, including reportability under the EC Merger Regulation and numerous other foreign merger control regimes. His knowledge, reputation and extensive experience with the legal, practical, and technical requirements of merger clearance make him a recognized authority on Hart-Scott-Rodino antitrust merger review. John is regularly invited to participate in Federal Trade Commission and bar association meetings and takes on the issues of the day. |
Kelly Landers HawthorneAssociate
Kelly Landers Hawthorne is an associate in the Litigation Department and a member of the Antitrust and Mass Torts & Product Liability Groups. She represents… Kelly Landers Hawthorne is an associate in the Litigation Department and a member of the Antitrust and Mass Torts & Product Liability Groups. She represents clients in litigations and due diligence across a range of industries, including consumer products, life sciences, healthcare, education, hospitality, sports and entertainment. Kelly also maintains a diverse pro bono practice. She received Proskauer’s Golden Gavel Award for excellence in pro bono work in 2019. She is a frequent contributor to Proskauer’s Minding Your Business blog, where she authors articles related to price gouging issues. Kelly is also a member of the Proskauer Women’s Alliance Steering Committee, where she serves on subcommittees focused on highlighting and providing professional development opportunities for women at the firm. Prior to her legal career, Kelly was a Teach For America corps member and taught middle school in Washington, DC. While at Columbia Law School, Kelly served as an articles editor of the Columbia Journal of Law & the Arts and interned for the Honorable Sandra Townes of the U.S. District Court for the Eastern District of New York. | Shannon D. McGowanAssociate
Shannon McGowan is an associate in the Litigation department. Shannon’s practice focuses on assisting clients navigate a range of antitrust issues. In addition to her… Shannon McGowan is an associate in the Litigation department. Shannon’s practice focuses on assisting clients navigate a range of antitrust issues. In addition to her experience on wide-ranging antitrust litigations, Shannon works with clients on general antitrust compliance and litigation issues. In connection with historic restructuring of Puerto Rico’s debts, Shannon advises the Financial Oversight and Management Board for Puerto Rico on a variety of issues related to Puerto Rico Oversight, Management, and Economic Stability Act. Shannon maintains an active pro bono practice, including assisting non-profit organizations with research into immigration and refugee law and representing individual clients in litigation to improve housing conditions in the Washington D.C. area. Shannon earned her J.D. from the University of Virginia School of Law, where she captained the school’s Philip C. Jessup International Law Moot Court team. As an alumnae, she is active in advising the current UVA Jessup Team throughout the year-long competition. Prior to law school, Shannon served as a legislative assistant to state representatives at the Oklahoma State House of Representatives, where she researched and advised on legislation and policy issues, including government transparency, education, and financial accountability. | Timothy E. BurroughsAssociate
Tim Burroughs is an associate in the Litigation Department. Tim earned his J.D. from Vanderbilt Law School, where he was the Executive Student Writing Editor… Tim Burroughs is an associate in the Litigation Department. Tim earned his J.D. from Vanderbilt Law School, where he was the Executive Student Writing Editor for the Vanderbilt Journal of Transnational Law and Teaching Assistant for the legal writing program. While at Vanderbilt, Tim interned at the U.S. Attorney’s Office for the Southern District of New York and published his student note on international anti-money laundering regulation in the fine-art market. Prior to law school, Tim taught elementary school in the Brownsville neighborhood of Brooklyn for three years as part of Teach for America. |
New York Attorney General Letitia James announced new price gouging rules intended to clarify New York’s price gouging law, N.Y. Gen. Bus. Law §396-r, earlier this month. The proposed rules seek to address many of the perceived limitations of the statute exposed during the…
Antitrust claims in a class action case filed against Amazon in U.S. Federal District Court will largely proceed, after the Court allowed most of the consumers’ pricing claims to survive a motion for summary judgment. The Court dismissed a Sherman Act claim, but allowed most…
While states continue to lift their COVID related states of emergency, new price gouging claims are being made and ongoing price gouging litigation continues to wind through the courts. The federal government also now appears more poised than ever to intervene in price gouging issues. …
One of the bellwether price gouging cases from the early days of the COVID-19 pandemic was recently reversed and remanded by New York’s First Judicial Department of the Appellate Division.
New York Attorney General Letitia James announced in May 2020 that her office had…
New York State Attorney General Letitia James has filed a petition to compel Tyson Foods to comply with a subpoena in connection with ongoing price gouging investigations by the state. New York’s price gouging statute imposes civil penalties on sellers of essential goods charging unconscionably…
On July 11, 2022, the United States District Court for the District of Kansas approved a $264 million settlement against Mylan and certain of its subsidiaries in the case In Re EpiPen (Epinephrine Injection, USP) Marketing, Sales Practices, and Antitrust Litigation in a matter broadly…
Lawmakers in Washington, D.C., and California have taken recent steps to further protect the infant formula market from price gouging. On June 7, 2022, the D.C. Council passed the “Infant Formula Consumer Protection Emergency Act.” The Act, which will remain in effect for 90 days…
On May 24, 2022, the FTC announced a widespread inquiry into the ongoing infant formula shortage. The agency had been tasked by the White House with investigating any price gouging or unfair market practices in the industry. The agency is seeking public comments on “various…
With the Biden administration ramping up scrutiny on supply chains and pricing practices, businesses should take a moment to revisit their COVID-19 price gouging compliance. As we’ve previously highlighted, risk management with ever-shifting price gouging restrictions requires careful consideration of documentation and oversight of pricing…