Mitigation Plan Doesn't Always Heal OCI
Client Alert | 1 min read | 01.18.06
In Alion Science & Technology Corp. (Jan. 9, 2006, http://www.gao.gov/decisions/bidpro/297342.pdf), GAO found an impaired objectivity organizational conflict of interest in the award of a contract to provide electromagnetic spectrum engineering services to a manufacturer of electromagnetic spectrum-dependent products, because performance of the contract would involve many different kinds of subjective judgments that might affect the sale or use of such products of the contractor, its competitors, or its customers. A mitigation plan based upon assignment of all work involving such judgments to a subcontractor was rejected because it was based upon erroneous, understated assessments of the conflict potential presented by multiple tasks in the solicitation, and because the agency had not considered the impact on the technical evaluation scoring of a shift of so much of the work from the prime contractor to the subcontractor.
Insights
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
