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Lack Of Experience Can Be Cured

Client Alert | 1 min read | 06.02.06

In T Square Logistics Services Corp. – Costs (Apr. 26, 2006, http://www.gao.gov/decisions/bidpro/2977904.pdf), a decision triggered by the agency's refusal to pay protest costs following a corrective action, GAO held that the original protest was clearly meritorious because the agency had failed to conduct meaningful discussions to disclose its concerns about the protester's lack of experience in several functional areas relevant to the contract. Rejecting the agency's argument that no discussions were required because the lack of experience could not be cured in a revised proposal, GAO noted that protester had asserted that, had it been advised of the agency's concerns, it would have proposed subcontractors with the necessary experience.

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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....