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Bring Out Your Dead: GSA Instructs Agencies to Remove Null and Void FPSW

Client Alert | 1 min read | 06.27.17

On June 12, 2017, the General Services Administration issued a Class Deviation to remove the Fair Pay and Safe Workplaces Final Rule from the FAR after President Trump signed a joint resolution (P.L. 115-11) under the Congressional Review Act disapproving the final rule on March 27, 2017. Although most of the final rule’s requirements were put on hold in October when a U.S. District Court judge in Texas granted a preliminary injunction (discussion available here), paycheck transparency requirements at FAR clause 52.222-60 became effective on January 1, 2017. In this Class Deviation, GSA instructs agencies to not wait for formal rescission of the rule, but to take all necessary steps to comply with the joint resolution, including ensuring that new solicitations do not include FAR clause 52.222-60 and amending solicitations or modifying contracts to remove FAR clause 52.222-60 if included in either.

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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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