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Limitations Of Cost Notice Obligations Must Be Met

Client Alert | less than 1 min read | 09.15.06

The ASBCA in International Technology Corp. (July 17, 2006), denied a claim for an upward adjustment above the contract's cost limitation because the contractor had inexcusably failed to comply with the Limitation of Cost clause provision requiring advance notice to the government of the projected costs over the limit. The board rejected the contractor's argument that it had to determine the allowability of its subcontractor's costs prior to providing notice, finding that notice is required when a contractor has “reason to believe” there will be a cost increase.

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Client Alert | 6 min read | 08.03.26

The Pipe, Not the Posts: How Section 230’s Protections Extend to Generative AI Platforms

Section 230 of the Communications Decency Act (“Section 230”) protects online platforms from liability for user-generated speech. Based on the premise that platforms generally do not create original content but instead curate their users’ own speech, Section 230’s protections have historically applied to a platform’s algorithmically assembled, selected or sequenced content; algorithms or features that amplified or directed user generated speech to particular users were generally protected. Indeed, the old rule of thumb was the more a platform used algorithms or automation, the more likely user generated speech remained user generated speech. GenAI has the potential to change that calculus. A platform that ingests user generated content and publishes a transformed output, can blur Section 230’s line between publication and creation. The central question is whether Section 230 protects GenAI, which analyzes, but does not alter, user-created content to produce an outcome, and its corresponding outputs....