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SBA Modifies Time At Which Size Status Is Determined

Client Alert | 1 min read | 12.12.06

On November 15, 2006, the Small Business Administration ("SBA") amended its regulations (effective June 30, 2007) to require that (1) within 30 days of a merger, acquisition, or approved novation, a contractor must recertify its size status or inform the contracting agency that it is other than small; and (2) for contracts with durations of more than 5 years (including multiple award schedule contracts, MACs, and GWACs), the contractor must recertify its size status no more than 120 days prior to the end of the fifth year of the contract and no more than 120 days prior to the exercise of any option thereafter. A contractor's inability to recertify small business size status will not render the contractor ineligible to continue performance or require termination of the affected contract(s), but the contracting agency will no longer be able to count options or orders under such contracts towards its small business goals.

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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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