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Claims Dismissed in Insurer Class Action

Client Alert | less than 1 min read | 04.09.07

On April 9, 2007, Judge Garret E. Brown of the U.S. District Court for the District of New Jersey dismissed bid-rigging claims brought against Marsh & McLennan Cos. Inc. and several other insurance brokers and providers in a long-running, multidistrict class action lawsuit. The judge dismissed all of the plaintiffs' claims without prejudice, finding that they had not submitted enough evidence to prove that the alleged conspiracies between insurance companies and brokers were illegal. The plaintiffs alleged the defendants participated in broker-centered conspiracies that aimed to allocate customers and reduce competition. The plaintiffs alleged that the conspiracies date back to the mid-1990’s, when insurance brokers consolidated their markets.

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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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