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Teaming Agreements: Date or Marriage?

Client Alert | 1 min read | 05.16.13

In Cyberlock Consulting, Inc. v. Information Experts, Inc. (E.D.Va. Apr. 3, 2013), the district court, based on "plain meaning," dismissed the sub's claim for breach of a teaming agreement by the prime for failure to subcontract with it after the award of a prime contract, holding that the subcontract provisions in the teaming agreement were "unenforceable agreements to agree" because the teaming agreement merely described the sub's scope of work as 49 percent of the functions and work in the prime contract, did not include  subcontract terms, and provided for termination of the teaming agreement if the parties could not agree on a subcontract after good faith negotiations. This decision confirms that precise drafting of teaming agreements can make the difference between an unenforceable date and an enforceable marriage.


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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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