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Just When You Thought It Was Over: Eleventh Circuit Deepens Disagreement on FCA's Tolling Provision

Client Alert | 1 min read | 06.13.18

In U.S. ex rel. Hunt v. Cochise Consultancy Inc., the Eleventh Circuit held that a relator in a non-intervened qui tam action may rely on the FCA’s tolling provision in 31 U.SC. § 3731(b)(2), which expands the 6-year statute of limitations to allow suits to be brought within 3 years of the date that the relevant government official learns of the alleged violation. In so holding, the court disagreed with already divergent views from the Fourth, Tenth, and Ninth Circuits, increasing the depth of the circuit split on this issue. C&M attorneys discuss the Eleventh Circuit’s decision and its potential impact in a recent post for Crowell & Moring’s Government Contracts Legal Forum.

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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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