Performance Reviews: Critiques, Legal Implications, and Tips for Effective Use

Frequently on construction projects, design professionals such as architects and engineers are retained to invest substantial professional skill, time, and resources in creating drawings, specifications, calculations, models, and other documents. These materials are commonly known as “instruments of service” and are often mischaracterized as simple deliverables. However,  instruments of service embody design decisions, technical knowledge, original expression, and, increasingly, complex digital information.  

The Federal Trade Commission (FTC) has expanded its focus on personalized pricing beyond consumer transactions and into worker compensation. Through a new inquiry targeting major airlines, ride-share companies, and food-delivery platforms, the FTC is examining how companies use personal data, algorithms, and other technologies to determine both consumer pricing and gig-worker pay. This development signals a significant shift in regulatory scrutiny and raises important compliance considerations for businesses navigating a growing patchwork of state and local personalized pricing laws.

On October 28, 2026, U.S. producers filed antidumping and countervailing duty petitions on certain shopping carts and parts thereof from China with the Department of Commerce and the U.S. International Trade Commission. The petitions allege dumping margins ranging from 165% to 343% and subsidies above the de minimis level.