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Federal Circuit Affirms Contractor’s $113 Million Award from ASBCA

Client Alert | 1 min read | 03.31.16

In another decision in the long-running saga that has bounced between the ASBCA and the courts for twelve years concerning a non-appropriated fund contract under which SUFI installed telephones in Air Force lodgings at bases in Germany (and has been represented by Crowell & Moring), the Federal Circuit in SUFI Network Servs., Inc. v. U.S. (Mar. 29, 2016) rejected DOJ’s “mandate compliance” challenge to the ASBCA’s opinions on remand awarding SUFI more than $113 million in additional damages for multiple breaches of contract committed by the Air Force. The court held that DOJ has no independent right to complain of the Board’s awards accepted by the contractor and, nevertheless, found meritless DOJ’s assertions that the Board had failed to heed the court’s directives, instead affirming the CFC’s dismissal of DOJ’s challenge and its order that DOJ instruct the Air Force to pay SUFI’s award.

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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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