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CFC Awards Full Fees for AF Breach

Client Alert | less than 1 min read | 10.24.13

In SUFI Network Servs., Inc. v. U.S. (Oct. 16, 2013), the CFC awarded SUFI, represented by Crowell & Moring, as breach damages its attorneys' fees and expenses for preparing claim packages that were later successfully litigated. Brushing aside the government's multiple challenges, the court found Crowell & Moring's fees and expenses to be reasonable and awarded them in full, plus interest as provided by agreement, but denied SUFI's request for an overhead and profit burden, finding that the client did not add "any material value" to the claim preparation efforts.


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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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