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Slamming the Courthouse Door: No Review of Alleged Statutory Violations in Task Order Procurements

Client Alert | less than 1 min read | 09.19.14

In SRA In'l v. U.S. (Sept. 15, 2014), the Federal Circuit held that the Court of Federal Claims lacked jurisdiction over a protest of an agency's OCI waiver made in the context of a task order procurement. The Federal Circuit found that the divestiture of jurisdiction over task order procurements in the Federal Acquisition Streamlining Act is complete and does not have an exception for alleged violations of statute or regulation.


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....