Further Progress On What Used To Be The Berry Amendment
Client Alert | less than 1 min read | 07.05.07
For acquisitions of commercially available off-the-shelf (COTS) items, DOD has proposed to amend the DFARS to waive application of the statutory preference for domestic and qualified-country sourced specialty metals, formerly part of the Berry Amendment, but now codified at 10 U.S.C. 2533b (72 Fed. Reg. 35960 (July 2, 2007)) If adopted as a final rule, this waiver would be a major step toward making full compliance with the impractical statutory requirements a real possibility.
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Client Alert | 8 min read | 06.30.25
AI Companies Prevail in Path-Breaking Decisions on Fair Use
Last week, artificial intelligence companies won two significant copyright infringement lawsuits brought by copyright holders, marking an important milestone in the development of the law around AI. These decisions – Bartz v. Anthropic and Kadrey v. Meta (decided on June 23 and 25, 2025, respectively), along with a February 2025 decision in Thomson Reuters v. ROSS Intelligence – suggest that AI companies have plausible defenses to the intellectual property claims that have dogged them since generative AI technologies became widely available several years ago. Whether AI companies can, in all cases, successfully assert that their use of copyrighted content is “fair” will depend on their circumstances and further development of the law by the courts and Congress.
Client Alert | 3 min read | 06.30.25
Client Alert | 3 min read | 06.26.25
FDA Targets Gene Editing Clinical Trials in China and other “Hostile Countries”
Client Alert | 3 min read | 06.26.25
