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Supreme Court to Rule on Seal Rule

Client Alert | less than 1 min read | 06.02.16

The Supreme Court has granted review in State Farm Fire and Cas. Co. v. U.S. ex rel. Rigsby to address the applicable standard for dismissal in False Claims Act cases when whistleblowers, in violation of the statute’s requirements, make public the allegations in their complaint while it is under seal and being investigated by the government. The Court will address a split in which circuits have applied (1) a bright-line rule of dismissal, (2) a rule that considers whether the violation frustrates the congressional goals served by the seal requirement, and (3) a balancing test that focuses on whether the violation actually harms the government.

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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....

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