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GAO Scallops Procurement, Finding Solicitation Was Flaky

Client Alert | less than 1 min read | 01.07.05

In Oregon Potato Co. (Dec. 22, 2004), GAO sustained the protest because the solicitation for dehydrated potato flakes failed to provide offerors with sufficient information regarding certain delivery location contingencies to enable offerors to prepare their proposals intelligently and compete on an level playing field. Although the post-award protest was based on inadequacies in the solicitation, it was nonetheless timely because the informational defect was not apparent until after the agency had announced its award decision.

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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....