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Private Party MEO Teammate Allowed Intervention To Protect Proprietary Information

Client Alert | 1 min read | 12.14.06

In the protest of a contract award to the Government's Most Efficient Organization (MEO) in an A-76 public/private procurement, the COFC granted MEO private team member Lockheed Martin Services, Inc.'s motion to intervene as a matter of right for the limited purpose of protecting its trade secrets and proprietary data (Northrop Grumman Information Technology, Inc. v. United States). The MEO did not have legal representation separate from the awarding agency, and the COFC concluded that Lockheed's interests were not adequately represented by agency counsel in the context of an A-76 procurement in which agency counsel must "wear multiple hats at the same time" and where agency counsel admitted that the "most comfortable" hat is representing the Source Selection Authority.

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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....