Deal or No Deal? Board Reminds Contractors that Money “Awarded” in Final Decision May Evaporate If Appealed
Client Alert | 1 min read | 09.21.17
In BES Design/Build, LLC v. Dep’t of Veterans Affairs (CBCA 5640), the Board denied BES’ motion “for the immediate release of funds ‘awarded’” in the CO’s final decision, finding that, once appealed, “[a] final decision…is not binding on the agency, because…that decision is reviewed de novo by the Board.” Specifically, following BES’ performance of additional work, BES claimed $168,847.06 and additional time. The CO found that BES was entitled to 16 additional days and $21,998.34. The CO drafted a modification consistent with such decision and interest due. BES, however, made additional “‘pen and ink’ changes to the modification,” which the CO declined to incorporate. Ultimately, BES refused to sign the modification and, instead, appealed the CO’s decision. Three months later, BES filed the motion for immediate release of the “awarded” funds, but neither the agency nor the Board is bound by the CO’s findings and offer of payment once appealed; the Board may award less, or more, than the offered amount.
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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.
Client Alert | 7 min read | 08.19.26
CMS’s Final Rule Bans Federal Medicaid Funding for Youth Gender-Affirming Care
Client Alert | 2 min read | 08.19.26
