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DoD Opens Dialogue With Industry on Open-Source Software

Client Alert | less than 1 min read | 12.07.11

Pursuant to a December 5 notice, DoD is hosting a public meeting on January 12, 2012, to obtain input from industry on the use of open-source software in its contracts.  DoD seeks to initiate dialogue in three main areas: (1) risks of copyright infringement liability for the Government and contractors who use or deliver open-source software and when that software includes proprietary or copyrighted material, (2) performance and warranty deficiencies faced by contractors when delivered open-source software does not meet contract requirements, and (3) whether the DFARS should be revised to delineate the Government’s rights when a contractor acquires open-source software for the Government.

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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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