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Submission of Indirect Cost Rate Proposal Starts Six-Year Limitations Period

Client Alert | 1 min read | 02.01.17

In Sparton DeLeon Springs, LLC (ASBCA Dec. 28, 2016), the Board rejected a government claim for recoupment of alleged overpayments of direct costs as time-barred by the CDA’s six-year statute of limitations. The government alleged that it was not put on notice of the 2007 overpayment until 2014 when Sparton submitted its final voucher, which did not include the direct costs at issue. However, the Board held that the government "knew or should have known" the basis of its claim by 2008 when Sparton submitted its FY 2006 and 2007 indirect cost proposals. Those proposals disclosed direct costs that would be used to calculate indirect rates, but they did not include certain direct costs that the contractor had already invoiced and the government had already paid. Pre-discovery summary judgment was appropriate because "the government should [have] be[en] able to substantiate on its own” whether “interim vouchers contained [sufficient] supporting documentation."

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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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