Touhy Fooey

Client Alert | less than 1 min read | 05.06.11

In Gulf Grp. Gen. Enters. Co. v. U.S. (May 2, 2011), the Court of Federal Claims rebuffs the government's attempt to stop a former military officer and civilian employee from serving as an expert witness adverse to the government's position by application of that prohibition found in the Army's Touhy regulations. Citing various reasons, including separation of powers considerations , the court follows the consistent line of cases holding that agency Touhy regulations cannot be applied when the U.S. is a party to the litigation.

Insights

Client Alert | 3 min read | 08.03.26

New Jersey Takes Aim at Algorithmic and Surveillance Pricing: What Landlords and Retailers Need to Know About the FAIR Act and the Fair Price Protection Act

On July 20, 2026, New Jersey Governor Mikie Sherrill signed the Forbidding the Algorithmic Inflation of Rent (FAIR) Act into law, making New Jersey the fourth state to regulate algorithmic rent-setting practices. Three days later, on July 23, 2026, Governor Sherrill signed the Fair Price Protection Act, which targets “surveillance pricing”—the practice of using or collecting personal data about a user and using an algorithm or artificial intelligence to charge different consumers different prices for the same products. Together, these laws represent a significant expansion of New Jersey's consumer protection framework in the algorithmic pricing context....