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Court Tells Agency To Address Illicit Advantage In Recompetition

Client Alert | less than 1 min read | 12.02.05

In Beta Analytics Int'l, Inc. v. U.S. (Nov. 23, 2005), the Court of Federal Claims wrestles with the situation of having found the initial procurement decision to be unlawful but not having stopped the process, which allowed the competitor to take over the job and hire away many of the protestor-incumbent's key employees. The court ordered the Navy (a) not to exercise the option years and (b) to mitigate the unlawful advantage through its evaluation methodology for the reprocurement.

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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....