Supremes Allow Paralegal Fees Recovery At Market Rates
Client Alert | less than 1 min read | 06.03.08
Reversing contrary Board and Federal Circuit rulings, the Supreme Court in Richlin Sec. Serv. Co. v. Chertoff (June 2, 2008, http://www.supreme courtus.gov/opinions/07pdf/06-1717.pdf) unanimously ruled that the Equal Access to Justice Act allows a client to recover market rate paralegal fees charged to the client, not just the cost of the paralegal to the attorney retained by the client. The Supreme Court ruled that paralegal fees are implied in the term "attorneys fees" in the statute and are subject to the same per-hour limitations.
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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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