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Don't Assume That A Debriefing Is Continuing After The Initial Session

Client Alert | less than 1 min read | 05.25.05

In New SI, LLC (Nov. 22, 2004, http://www.gao.gov/decisions/bidpro/295209.htm), GAO concluded that a protest was untimely filed when the contractor waited until after it had received agency responses to the contractor's additional questions submitted at the invitation of the Contracting Officer in the course of the initial debriefing session. In response to the contractor's argument that the debriefing was continuing and not concluded until after the agency's response to questions, GAO explained that, “absent affirmative indication from the agency that the debriefing would remain open after the scheduled session, we consider [the debriefing] to have concluded at the end of that [initial] session.”

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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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