GAO Bid Protest Statistics for FY2019
Client Alert | less than 1 min read | 11.08.19
On November 5, 2019, the U.S. Government Accountability Office (“GAO”) released its Annual Report on Bid Protests for Fiscal Year 2019. GAO received and sustained slightly fewer protests than in FY2018, but the overall Effectiveness Rate—i.e., the percentage of time the protester received relief, such as voluntary corrective action or GAO sustaining its protest—held steady at 44%. The most common bases for sustained protests in FY2019 were (1) unreasonable technical evaluations; (2) inadequate documentation of agency records; (3) flawed selection decisions; (4) unequal treatment of offerors; and (5) unreasonable cost or price evaluations.
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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.
Client Alert | 7 min read | 08.19.26
CMS’s Final Rule Bans Federal Medicaid Funding for Youth Gender-Affirming Care
Client Alert | 2 min read | 08.19.26
