Alternative Procurement Yields Protestor Bid Preparation Costs
Client Alert | less than 1 min read | 10.02.08
Klinge Corp. v. U.S. (Sept. 30, 2008) presented the unusual situation of the agency, after remand from a successful protest of an IDIQ award, purchasing the items under a separate Federal Supply Schedule contract instead. Perceiving no attempt to circumvent the prior ruling of the court or otherwise to act in bad faith, the CFC found that the two awards could have overlapped in any event and refused to enjoin the FSS award, while awarding the protestor its bid preparation costs under the original solicitation.
Insights
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.
Client Alert | 7 min read | 08.19.26
CMS’s Final Rule Bans Federal Medicaid Funding for Youth Gender-Affirming Care
Client Alert | 2 min read | 08.19.26
