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World Health Organization Declares COVID-19 to be a Pandemic

Client Alert | 1 min read | 03.11.20

The World Health Organization has announced its determination that COVID-19 is a pandemic. At a press briefing on Wednesday, March 11, 2020, Dr. Tedros Adhanom Ghebreyesus, director-general of the WHO announced that this is the first time the WHO has declared a pandemic as a result of a coronavirus outbreak. The announcement does not change the WHO’s assessment of the threat posed by COVID-19, nor does it require new WHO public health recommendations.

The WHO announcement means that U.S. employers now have additional flexibility to take measures to mitigate the spread of the virus. Guidance issued in 2009 by the Equal Employment Opportunity Commission (EEOC) in response to the ‘swine flu’ outbreak authorizes employers to be more aggressive in responding to a pandemic, notwithstanding the obligations of the Americans with Disabilities Act. The EEOC guidance suggests that employers may be able to conduct certain types of testing and make more direct inquiries to their employees, as part of a containment plan.

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Client Alert | 4 min read | 08.25.26

DOJ Signals Increased Antitrust Scrutiny of Algorithmic Pricing in Willow Bridge Decision

Algorithmic pricing tools commonly used by businesses to increase efficiency and profits are under increasing antitrust scrutiny. This summer, federal regulators, state attorneys general, and state legislatures grappled with competing businesses providing nonpublic, competitively sensitive data to common algorithmic platforms. The Third Circuit deepened an emerging circuit split with the Ninth Circuit on algorithmic pricing liability, reviving antitrust claims against Atlantic City casino-hotels in a decision with direct implications for any company that uses a common pricing platform. See Crowell’s recent client alert. And New Jersey enacted two landmark laws—the FAIR Act and the Fair Price Protection Act—directly regulating algorithmic rent-setting and surveillance pricing. See Crowell’s recent client alert....