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Failing Health: NDIA’s Annual Vital Signs Report Highlights Weaknesses in the Defense Industrial Base Supply Chain

Client Alert | 1 min read | 02.10.22

The National Defense Industrial Association (NDIA) recently published its 2022 Vital Signs: The Health and Readiness of the Defense Industrial Base report, which includes an analysis of the defense industrial base supply chain. The annual report highlights the degree to which the performance of the supply chain is impacted by external events, namely the COVID-19 pandemic, which in turn impacts internal performance metrics. The report posits that the defense industrial base is not inoculated against the same concerns that have negatively impacted commercial supply chains – i.e., the semiconductor shortage. NDIA researchers analyze four supply chain metrics to conclude that the overall performance of defense supply chains has substantively declined from the previous year and is failing: (1) contract failure; (2) financial performance; (3) inventory performance; and (4) cost management. The report also notes that only 30 out of 245 NDIA members surveyed (12%) indicated that their company’s supplier network would be more reliable at delivering goods, materials and services in the future. The remaining 215 members surveyed (88%) concluded that their company’s supplier networks would be about the same or less reliable. In total, the 2022 Vital Signs report paints a bleak picture of the overall health of the defense industrial base supply chain, and NDIA researchers conclude that next year’s supply chain challenges will be even greater.

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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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