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The Sun Has Not Set On Protests Of Civilian Agency Task Orders

Client Alert | 1 min read | 06.14.11

In Technatomy Corp. (June 14, 2011), GAO ruled that the sunset provision contained in the 2008 amendments to the Federal Acquisition Streamlining Act ("FASA") for GAO's civilian task order protest jurisdiction applied not only to the provisions granting GAO exclusive jurisdiction over protests of task order awards in excess of $10 million, but to the entirety of subsection 41 U.S.C.§ 253j(e), and, therefore, GAO's jurisdiction over protests of task or delivery orders essentially reverted to the jurisdiction that previously existed under CICA (pre-FASA), under which there is no jurisdictional distinction between protests of awards of contracts and of task orders. The net effect is that any task order award of any value pursuant to a civilian agency contract is subject to the protest jurisdiction of GAO and possibly of the Court of Federal Claims, to the extent that court agrees with GAO's ruling.

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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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