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Court Of Federal Claims Examines Contracting Authority

Client Alert | less than 1 min read | 03.05.08

Following a recent Federal Circuit decision, Winter v. Cath-Dr/Balti Joint Venture (Aug. 17, 2007), which held that a contractor cannot rely on a government agent's implied authority when the contract "explicitly and exclusively" assigns the particular function to the CO, the Court of Federal Claims reaffirmed the viability of implied authority in Stevens Van Lines v. U.S. (Jan. 23, 2008). In Stevens, Senior Judge Smith held that a government official has implied authority to bind the government when "such authority is considered to be an integral part of the duties assigned" to that employee and when the power to contract is "appropriate or essential" to the performance of the employee's duties.

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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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