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DoD Meets Contractors Half-Way at Industry Information Day

Client Alert | 1 min read | 06.28.17

On June 23, the Department of Defense hosted its highly anticipated Industry Information Day to respond to feedback received from the contracting community regarding last year’s finalization of DFARS 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting. Top of mind for many in attendance was the looming end-of-year deadline to implement NIST SP 800-171, including its requirements regarding multifactor authentication. By the end of the session, however, DoD representatives repeatedly stated that contractors may use system security plans (SSPs) and plans of action and milestones (POAMs) to document their anticipated implementation of the required controls and thus comply with the Clause – even if the actual implementation of those controls extends beyond 2017. A revised set of FAQs is expected next month, which should provide additional details regarding this new guidance.

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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....