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Contracting Authority Analyzed In 3 Cases

Client Alert | less than 1 min read | 06.16.06

In a spate of recent decisions by different Court of Federal Claims judges, the proper scope of contracting authority is closely analyzed. In Brunner v. U.S. (May 2, 2001), Judge Wolski provides a treatise that concludes that apparent authority, contrary to all reports, is alive and well in government contracts and is only limited by publicly available laws and regulations that restrict the government agent's power to contract; in Arakaki v. U.S. (May 30, 2006), Judge Hewitt disagrees; and in Telenor Satellite Servs., Inc. v. U.S. (June 2, 2006), handled by C&M, Judge Baskir discusses both implied authority and ratification when finding both for a bailment agreement.

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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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