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US and Canada Thaw Relations By Reducing Buy American Friction

Client Alert | 1 min read | 02.05.10

The U.S. and Canada announced today a tentative agreement that would (1) provide certain permanent and reciprocal commitments under the WTO Agreement on Government Procurement (GPA) with respect to access to provincial, territorial, and state procurements and (2) temporarily provide Canadian suppliers access to certain state and local public works projects funded under the Recovery Act -- specifically those types of projects from which they were not traditionally excluded by statute (e.g., EPA, HUD and Energy) but were under the broader provision of the Recovery Act -- while in return temporarily provide U.S. suppliers access to a range of construction contracts across Canada's provinces and territories (as well as a number of municipalities). The agreement is subject to completion of each country's domestic approval process which the Canadians [press release] hope could be concluded by February 16, but on the U.S. side will require at least agency waivers under Section 1605 of the Recovery Act and amendment to Note 5 in the General Notes to U.S. GPA Annexes.

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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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