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Awarded Costs Constrained By Federal Rules And Regional Circuit Law

Client Alert | 1 min read | 02.09.06

In Summit Technology, Inc. v. Nidek Co., Ltd. (No. 05-1292; January 26, 2006), a Federal Circuit panel modifies the district court's award of costs, remanding the case to the lower court for entry of the modified award. At issue are the constraints of § 1920 of the Federal Rules of Civil Procedure dealing with taxation of specified costs, as applied under First Circuit law. The panel determines that video animations are not “exemplifications” as provided in 28 U.S.C. § 1920(4). Reviewing a variety of cases and Blacks Law Dictionary, which defines “exemplifications” as “[a]n official transcript of a public record, authenticated as true copy for use as evidence”, the panel determines that the First Circuit would adopt a narrow definition of “exemplifications” and refuse to allow recovery for video animations. The panel also reduces the lower court's award of photocopy and deposition costs as these portions of the award are not deemed properly supported by the evidentiary record.

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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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