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Too Late: Another Government Claim Barred by CDA Statute of Limitations

Client Alert | 1 min read | 06.09.14

In Laguna Constr. (May 29, 2014), the ASBCA barred the government's claim under the CDA statute of limitations when DCAA had issued a report, more than six years prior, finding that the contractor's subcontract management system was "inadequate" and resulted in "a significant risk . . . relative to allocability, allowability, and reasonableness of subcontract costs billed to the U.S. Government." Even though that report did not identify any specific government claim, the Board found that the government knew or should have known of the basis for its specific claim "no later than" the date that DCAA provided the report to the ACO with its general criticisms, emphasizing that the "events fixing liability should have been known when they occurred unless they can be reasonably found to have been either concealed or 'inherently unknowable' at that time," the latest in a string of decisions interpreting the CDA statute of limitations as to government cost claims (discussed here, here, here, here, here, and here).


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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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