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Protestor Bags Redo and B&P Costs, Too

Client Alert | less than 1 min read | 10.15.08

In Alabama Aircraft Indus., Inc. v. U.S. (Oct. 7, 2008), the Court of Federal Claims disagreed with a prior protest denial by GAO by holding that the price realism evaluation of the Air Force's multiyear maintenance contract for its KC-135 fleet was fatally flawed because it relied on the unrealistic assumption of a non-aging fleet without adequately informing the offerors of that assumption. In addition to a ordering a complete resolicitation, Judge Lettow granted the protestor its bid and proposal costs "because of the lengthy process involved with the procurement."

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....