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Cyber Regs Toughened Up

Client Alert | less than 1 min read | 03.13.12

As Congress continues to mull competing proposals for new cyber legislation, federal agencies have moved ahead under existing statutory authority to tighten and toughen the regulations and standards governing cybersecurity for government contractors. In a recent Briefing Paper published by Thomson West, David Bodenheimer and Jon Baker of Crowell & Moring address the escalating cyber threats driving this trend, the existing statutory and regulatory framework imposing information security requirements, and the fundamental elements necessary for a sound cybersecurity program -- including compliance procedures, continuous monitoring, and security controls specified by the National Institute of Standards and Technology (NIST).


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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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