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DOD Proposed New Cybersecurity Rules

Client Alert | 1 min read | 03.08.10

On March 3, DoD issued a notice of, and requested comments on, proposed rules levying information security requirements for safeguarding unclassified "DoD information" and reporting security breaches when contractors and subcontractors may have such information "resident on or transiting" their information systems. The proposed rule not only mandates that contractors "shall provide adequate security to safeguard DoD information," but also (1) requires flowdown to subcontractors; (2) establishes extreme standards in some areas (e.g., "best level of security and privacy available"); (3) incorporates National Institute of Standards and Technology (NIST) standards in some areas, but not others; and (4) acknowledges that the contractor will still need to comply with all other applicable security standards, such as "CPI, PII, For Official Use Only, Privacy Act, ITAR, EAR, and HIPAA."

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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....

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