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NAFI Contractor Wins over $100 Million In Wunderlich Act Review of ASBCA Decision

Client Alert | 1 min read | 11.16.12

In SUFI Network Servs., Inc, v. U.S. (Nov. 8, 2012), the Court of Federal Claims granted SUFI, represented by C&M, a judgment of over $100 million pursuant to a rare Wunderlich Act review of the ASBCA's damages determinations on several breach of contract claims brought in the aftermath of a telephone services contract with the Air Force's Non-Appropriated Fund Purchasing Office. Central to the court's decision to increase SUFI's recovery was its finding that the board had misapplied the burden of proof with respect to damages, seemingly ruling "in every possible way to cut back SUFI's damages" on claims for which liability was established while ignoring the willfulness of the Air Force's breaches and the clear fact of damage to SUFI on this "totally botched program of grand proportions."


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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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