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'Page-Count' Method Supports Claim For Reimbursement Of Protest Costs

Client Alert | 1 min read | 08.17.06

Despite the agency's blanket objections to almost all of a prevailing protester's claimed costs, the Government Accountability Office ("GAO") in BAE Technical Services, Inc. - Costs , B-296699.3 (Aug. 11, 2006), http://www.gao.gov/decisions/bidpro/2966993.pdf, held that the protester was entitled to recover costs attributed to almost all of the issues raised as they are "largely intertwined parts of [its] basic objection that the [agency] misevaluated proposals and treated offerors unequally." Although the records of the time spent on the protest were not detailed enough to attribute time on an issue-by-issue basis, GAO relied on the application of a "page-count" method to conclude that approximately 94.5 percent of the number of pages in submissions to GAO were devoted to issues related to the meritorious protest allegations.

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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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