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CFC Faults Agency for Circumventing Protests

Client Alert | less than 1 min read | 07.20.11

In Cal. Ind. Facilities Resources, Inc. v. U.S., the Court of Federal Claims granted a protester’s request for declaratory relief regarding the illegality of the Army’s acquisition method used in a sole-source award of a contract for personnel shelter, even though the contract had been fully performed. Noting that “the action complained of is capable of repetition, yet might again evade review,” the CFC held that the agency’s practice of circumventing competitive procedures without proper justification, combined with what the court deemed an intentional effort to delay the publication of the sole-source notification until after the completion of performance, was unlawful.

 

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Client Alert | 5 min read | 08.21.26

FTC Proposes Enforcement Policy Statement on Personalized Pricing: What Businesses Need to Know

On August 19, 2026, the Federal Trade Commission (FTC) announced a proposed Enforcement Policy Statement on personalized pricing — the practice of companies using consumers’ personal data to set individualized prices, discounts, coupons, or other incentives. The proposed statement, which is open for public comment for 30 days following publication in the Federal Register, marks a major step up in the FTC’s focus on data-driven pricing strategies and puts businesses across industries on notice that undisclosed or inadequately disclosed personalized pricing will not be tolerated. Importantly, while the proposed statement is not a binding legal requirement and does not create new legal obligations, it serves as an enforcement warning that the FTC is prepared to use its existing enforcement authority under Section 5 of the FTC Act (Section 5) and is also a potential harbinger of rulemaking. Businesses that engage in — or are considering — personalized pricing should carefully assess their disclosure practices and data collection procedures against the standards articulated in this statement....

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