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Cleared Contractors Under the Gun As Insider Threat Program Deadline Approaches

Client Alert | less than 1 min read | 11.17.16

By November 30, 2016, contractors that have facility clearances through DoD's Defense Security Service (DSS) must have a written plan in place for implementing an insider threat program, a new requirement under the National Industrial Security Program Operating Manual. As the deadline looms, our team’s recent BNA article provides practical pointers to help contractors turn the high-level DSS guidance into a detailed but practical 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....