Limits On Bid Protest Review Reinforced
Client Alert | less than 1 min read | 12.08.09
In Alabama Aircraft Indus., Inc.--Birmingham v. U.S. (Nov. 17, 2009), the Federal Circuit reversed the lower court for rewriting the RFP and then finding that the agency had not conducted a reasonable price realism analysis, when its review should have been limited to whether the agency's evaluation was consistent with the criteria as set forth in the RFP. The appeals court noted that this was not a case in which the agency had failed to consider an important aspect of the situation, but, rather, had considered it in a reasonable way different from that articulated by the lower court.
Insights
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.
Client Alert | 3 min read | 06.30.25
Client Alert | 3 min read | 06.26.25
FDA Targets Gene Editing Clinical Trials in China and other “Hostile Countries”
Client Alert | 3 min read | 06.26.25
