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Recent Blog Posts

  • Paycheck Protection Program loan necessity questionnaire By Jay Levine    Borrowers of Paycheck Protection Program (PPP) loans – together with their affiliates – who have loans in excess of $2 million and seek loan forgiveness will potentially need to complete necessity questionnaires according to the Small Business Administration. There are separate forms for for-profit and non-profit businesses and will likely affect 52,000 borrowers. My colleagues Jack Beeler, Cat Rice and Jack Meadows explain the purpose and questions asked in these questionnaires in this law alert. ... More
  • The outlook for startups and emerging businesses By Jay Levine    This year has been a year like no other.  In this episode, Jay talks to fellow partner Brett Thornton, chair of Porter Wright’s Energy, Biotech and Emerging Business practice group, about how deal work for emerging businesses has been affected by the pandemic, the elections and the possibility of changing antitrust rules. Read a transcription of this episode here. ... More
  • COVID-19’s impact on the health care industry By Jay Levine    COVID-19 has had an impact on virtually every industry in the country, but none more so than on health care. In this episode, Jay talks with John Carney, chair of Porter Wright’s Health Care Practice and former Ohio state representative, about the changes that COVID-19 has wrought on health care and on some changes the industry is likely to experience in the future. ... More
  • Ohio’s COVID-19 qualified immunity legislation By Jay Levine    COVID-19 has spurred all sorts of legislation. In this episode, Jay discusses some examples of COVID-19-related legislation with John Carney, Chair of Porter Wright’s Health Care Practice and former three-term Ohio state representative. The discussion includes Ohio’s recently-enacted qualified immunity legislation (HB 606) as well as some thoughts about future laws that may be on the horizon on the federal level. ... More
  • Price gouging lawsuits… and the hits keep coming By Jay Levine and Allen Carter    As we adapt to the “new normal,” producers and suppliers at all levels of the distribution chain must continue to be cognizant of their pricing and the laws that seek to place a ceiling on those prices. Cases continue to be brought and legislation proposed. In the first few months after the COVID-19 pandemic began and states of emergency were declared, several price-gouging lawsuits were initiated—some by consumers, some by large companies and others by State... More
  • Healthcare post-COVID-19 may look radically different By Jay Levine    The confluence of forces due to COVID-19 is likely to affect the healthcare industry in serious and unpredictable ways. And the antitrust laws, as well as how they are enforced, will play a big part in shaping (or re-shaping) the industry. With the contracting economy making capital more difficult to obtain and politicians calling for a moratorium on mergers, especially those which could reduce healthcare capacity, healthcare companies must think carefully and strategically about where they turn for resources... More
  • NCAA’s legal woes: Antitrust challenges from student-athletes continue By Jay Levine and Luke Fedlam    The NCAA’s legal challenges regarding a student athlete’s ability to financially benefit from their name, image and likeness has ramped up. The league was hit with another class action antitrust lawsuit last week. The lawsuit comes on the heels of a decision by the Ninth Circuit affirming a bench trial victory by student-athletes. In that case, the District Court largely held that the NCAA’s rules prohibiting certain Grant-in-Aid payments to student-athletes violated the antitrust laws. Jay... More
  • Antitrust during COVID-19 Part 3: Planning for the future By Jay Levine and Allen Carter    With any large crisis, litigation follows and that will certainly be the case with the COVID-19 pandemic. In the third and final installment of our podcast series on consumer protection and antitrust concerns during COVID-19, Jay Levine, host and partner at Porter Wright, talks to attorney Allen Carter, about the areas where businesses may be at risk for litigation, what they should be thinking about now to protect themselves and what to expect in the... More
  • What to expect in a post-COVID-19 world By Jay Levine and Allen Carter    Though at times a return to normalcy may seem far off, it makes sense to contemplate what the legal landscape will look like when the current COVID-19 crisis abates, and what we can do now to protect ourselves as best we can. That’s what we explore in our third and final installment on antitrust and consumer protection in a COVID-19 world. Be sure to read Part 1, “Antitrust law in a COVID-19 world: Do we... More
  • Antitrust during COVID-19 Part 2: Price gouging and hoarding of supplies By Jay Levine and Allen Carter    If you’ve been to the store lately, you know there are a few things that are hard to find and others are increasing in price. But when does stocking up turn into hoarding or demand driving up prices turn into price gouging? In the second of a three-part series on consumer protection and antitrust concerns during COVID-19, host Jay Levine and Porter Wright attorney Allen Carter discuss how federal and state governments protect consumers in... More