ASBCA Hears Past Performance Evaluation Challenges
Client Alert | less than 1 min read | 07.19.10
In Appeal of Colonna's Shipyard, Inc. (June 24, 2010), the ASBCA confirmed, consistent with recent CFC decisions in Todd Construction, L.P. v. U.S., 88 Fed. Cl. 34, 235 (2008), that it has jurisdiction to review claims challenging inaccurate past performance evaluations under the Contract Disputes Act. Thus, the way is clear for contractors to challenge DOD past performance evaluations in either forum.
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Client Alert | 6 min read | 08.03.26
The Pipe, Not the Posts: How Section 230’s Protections Extend to Generative AI Platforms
Section 230 of the Communications Decency Act (“Section 230”) protects online platforms from liability for user-generated speech. Based on the premise that platforms generally do not create original content but instead curate their users’ own speech, Section 230’s protections have historically applied to a platform’s algorithmically assembled, selected or sequenced content; algorithms or features that amplified or directed user generated speech to particular users were generally protected. Indeed, the old rule of thumb was the more a platform used algorithms or automation, the more likely user generated speech remained user generated speech. GenAI has the potential to change that calculus. A platform that ingests user generated content and publishes a transformed output, can blur Section 230’s line between publication and creation. The central question is whether Section 230 protects GenAI, which analyzes, but does not alter, user-created content to produce an outcome, and its corresponding outputs.
Client Alert | 4 min read | 07.31.26
Client Alert | 3 min read | 07.31.26
Client Alert | 5 min read | 07.28.26
Data Centers in the Crosshairs: The Plaintiffs' Bar Has Begun Filing New Claims Using Old Tricks
