Below in an excerpt from an article authored by Robinson+Cole Business Litigation Group lawyers Kendra L. Berardi and Edward J. Heath that was published in Industry Week.

“When demand for an item or service increases in a free market, the price tends to increase accordingly. This can seem particularly true in times of crisis – just ask anyone who recently paid $20 for a small bottle of hand sanitizer. Unfortunately for those entrepreneurs following Winston Churchill’s maxim to ‘Never let a good crisis go to waste,’ raising prices on essential items during a public emergency may be violation of state law, as well as a federal crime pursuant to a recent presidential executive order.

In addition to the new U.S. Department of Justice Task Force investigating hoarding and related price increases on essential items, the attorneys general of many states have launched numerous enforcement investigations around COVID-19. The laws under which federal and state authorities are acting vary among jurisdictions, but they generally apply to all participants in the manufacturing chain – including suppliers – and provide for not only restrictive court orders and fines but also the potential for imprisonment of company owners and employees.” Read the full article.

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Photo of Jeffrey White Jeffrey White

I am a partner at Robinson+Cole who handles corporate compliance and litigation matters for both domestic and international manufacturers and distributors that make and ship products around the world. My clients have ranged from publicly traded Fortune 500 companies to privately held and/or…

I am a partner at Robinson+Cole who handles corporate compliance and litigation matters for both domestic and international manufacturers and distributors that make and ship products around the world. My clients have ranged from publicly traded Fortune 500 companies to privately held and/or family owned manufacturers. For those looking for my detailed law firm bio, click here.

I am often asked why I have focused a large part of my law practice on counseling manufacturers and distributors. As with most things in life, the answer to that question is tied back to experiences I had well before I became a lawyer. My grandfather spent over 30 years working at a steel mill (Detroit Steel Company), including several years in its maintenance department. One of my grandfather’s prime job duties was to make sure that the equipment being used was safe. In his later years, he would apply those lessons learned in every project we did together as he passed on to me his great respect and pride for the manufacturing industry.

Because of these experiences, I not only feel comfortable advising executives in a boardroom, but also can easily transition to the factory floor. My experience has involved a range of industries, including aerospace and defense, chemicals, energy, pharmaceuticals and life sciences, nutritional and dietary supplements, and retail and consumer products. While I have extensive experience in litigation (including product liability and class actions), I am extremely proactive about trying to keep my clients out of the courtroom if at all possible. Specifically, I have counseled manufacturers and distributors on issues such as product labeling and warranties, product recalls, workplace safety/OSHA, anti-trust, and vendor relations, among other things. I always look for the business-friendly solution to a problem that may face a manufacturer or distributor and I hope this blog will help advance those efforts.