Past Performance Remains Fertile Ground For Protest Challenges
Client Alert | less than 1 min read | 11.18.05
In J.A. Farrington Janitorial Servs. (Oct. 18, 2005, http://www.gao.gov/decisions/bidpro/296875.pdf), GAO found unreasonable the agency's assignment of a "high confidence" rating to the awardee of a grounds maintenance contract where the awardee's past performance references all related to efforts of far smaller magnitude and for only commercial customers. GAO also found that the agency's determination that the price offered by the protester, a HUBZone small business, was unrealistic amounted to a responsibility determination, and therefore had to be submitted to the Small Business Administration for a possible certificate of competency.
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Client Alert | 3 min read | 04.01.25
D.C. Circuit Rejects Copyrightability of Artwork Created Autonomously by AI
In a unanimous opinion issued by the D.C. Circuit on March 18, 2025, the Court of Appeals affirmed denial of Dr. Stephen Thaler’s application to register a copyright protection for a work created by his generative artificial intelligence system, holding that the Copyright Act requires human authorship.
Client Alert | 2 min read | 04.01.25
Client Alert | 4 min read | 04.01.25
For Better or MORSE: Another Settlement Under DOJ’s Civil Cyber-Fraud Initiative
Client Alert | 4 min read | 04.01.25
Hatch-Waxman PTE for Reissue Patents Should Be Calculated From the Original Patent’s Issue Date
