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Contractor’s Unwaivable CDA Right to Board Review

Client Alert | 1 min read | 12.05.17

In Ikhana, LLC (ASBCA Nos. 60462 et al., Oct. 18, 2017), the Board held that a contractor’s right to CDA appeal cannot be indirectly waived by an assignment of the underlying claims to a surety. Following a termination for default, Ikhana appealed several previously submitted claims (deemed denied). The surety and the Government, believing that Ikhana had assigned those claims to the surety, brokered a settlement agreement to withdraw those appeals and finish performance. The Board held that, regardless of whether Ikhana had assigned its claims, an assignment cannot indirectly “waive” a contractor’s statutory right to Board review under the CDA. The Board distinguished its earlier decision in Safeco Ins. Co. of Am. (ASBCA No. 52107), which upheld a surety’s right to appeal assigned claims while the government attempted to nullify the contractor’s assignment because––critically––the contractor in Safeco was uninterested in pursuing that appeal.

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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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