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Inching Towards Uniformity – Proposed Rule Governing Controlled Unclassified Information

Client Alert | 1 min read | 05.14.15

Nearly five years after Executive Order 13556 mandated a government-wide, uniform approach to safeguarding of certain unclassified information—to be known as "controlled unclassified information" (CUI)—the National Archives and Records Administration proposed, on May 8, 2015, a rule that, along with final publication of NIST Special Publication 800-171 (targeted for June 2015) and a standard FAR clause (not yet proposed), would replace the patchwork of markings and controls that have impeded both the government and its contractors in knowing what unclassified information should be protected and how. The proposal, open for comment until July 7, includes such key elements as (1) a publicly available CUI Registry that identifies all categories of CUI to be controlled and which are "CUI Specified," meaning that the controls are specified by statute; (2) standardized markings for CUI, mandatory when disseminated outside the government; and (3) identification of the decontrol authority and establishment of a decontrol process.

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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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