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Costs Of Influencing Collective Bargaining Decisions Proposed For Disallowance

Client Alert | less than 1 min read | 04.22.10

To implement the provisions of Executive Order No. 13494, Economy in Government Contracting, the FAR Council has proposed changes to the labor relations cost principle, FAR 31.205-21, expressly to disallow the costs of activities to persuade employees to exercise or not to exercise their collective bargaining rights, such as the costs of preparing and distributing materials, legal and consultant fees, costs of meetings (including salaries of attendees), and planning and conducting activities by managers, supervisors, or union representatives during working hours. Comments on the proposed rule are due June 14, 2010.

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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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