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ASBCA Applies Affirmative Misconduct Standard In Denying Contractor's Estoppel Defense

Client Alert | 1 min read | 05.23.06

Despite the Government's earlier approvals of CAS Disclosure Statements found to have disclosed the contractor's accounting practice, the ASBCA in United Technologies Corp., Pratt & Whitney found no affirmative misconduct by the government estopping it from asserting a retrospective claim based on non-compliance with CAS. In following guidance from the Federal Circuit that to prevail on estoppel the Company was required to prove affirmative misconduct by the government, the Board found no inherent conflict between the Supreme Court's rulings in Winstar and other cases that, "when the United States enters into contract relations, its rights and duties therein are governed generally by the law applicable to contracts between private individuals" and Federal Circuit law applicable "in the context of the government's performance of contractual duties in conjunction with CAS rules and regulations . . . not applicable to contracts between private litigants."

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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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