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IRS Announces Process to Withdraw Employee Retention Credit Claims

Client Alert | 1 min read | 10.24.23

This week, the IRS announced a new withdrawal process to allow certain employers who filed an Employee Retention Credit (ERC) claim, but have not yet received a refund, to withdraw their submission. As discussed in our previous alert, the IRS recently announced a pause in processing new ERC claims, at least through the end of 2023, due to concerns that many recently filed claims are invalid.

Taxpayers considering withdrawing their ERC claims should know the following about the IRS’s new process:

  • Taxpayers who take advantage of this process and withdraw their submission can avoid future repayment, interest, and penalties.
  • Taxpayers may withdraw their ERC claims by utilizing a special fax line established by the IRS.
  • Taxpayers notified of an audit may still participate in this program by sending a withdrawal request to their assigned examiner or responding to the audit notice if no examiner has been assigned.
  • Taxpayers who willfully filed a fraudulent claim, or those who assisted or conspired in such conduct, are not exempted from potential criminal investigation and prosecution.

We are closely watching these developments and are available to discuss ERC claims or the withdrawal program in more detail.

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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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