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Board Wields Sanctions To Enforce CDA Subpoena Against DOJ

Client Alert | 1 min read | 08.01.06

In Mountain Valley Lumber, Inc. (July 18, 2006), the AGBCA dealt strongly with a Department of Justice refusal to produce documents (or even a privilege log) in response to a board-issued subpoena, ordering sanctions in the form of adverse inferences against the defendant Forest Service if DOJ did not comply within fourteen days. Examining both its inherent power to impose sanctions and its subpoena authority under the Contract Disputes Act, the Board rejected DOJ's argument that a federal agency is not a “person” subject to subpoena under the CDA, scuttled the DOJ suggestion that it was the final arbiter under the Touhy regs, and, observing that both DOJ and the Forest Service are part of the executive branch, shunted aside the Forest Service's argument that it would be unfair to sanction it for DOJ's refusal to comply with the subpoena.

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Client Alert | 13 min read | 10.30.25

Federal and State Regulators Target AI Chatbots and Intimate Imagery

In the first few years following the public launch of generative artificial intelligence (AI) in the autumn of 2022, litigation related to AI focused primarily on claims of copyright infringement. Suits revolved around allegations that the data on which AI models train, and/or the output they produce, infringe upon the intellectual property rights of others. (While some of these cases have settled or reached preliminary judgments, many remain ongoing.)...