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The US federal government’s decision to designate Anthropic as a national‑security “supply chain risk” has triggered complex, high‑stakes legal battles with implications beyond a single AI company. Two recent court rulings have deepened uncertainty, giving conflicting signals about the limits of government power and risk management for AI businesses.
After Anthropic pushed back on government demands concerning the use of its AI models, federal agencies moved to restrict or eliminate its participation in government contracts. Anthropic responded with constitutional and statutory challenges, producing, at a preliminary stage, a split set of judicial outcomes. On the one hand, a California district court issued a preliminary injunction temporarily blocking what it viewed as retaliatory blacklisting, while on the other, the DC Circuit denied a similar request for a stay, allowing a parallel supply‑chain‑risk designation to stand. Together, these developments highlight why AI businesses must treat the Anthropic dispute not as a one‑off controversy, but as a warning about the structural risks that arise in the context of government contracts. In that environment, the most pressing question for AI companies is not whether they will face government pressure, but how prepared they are to respond.
Together, our analysis of the divergent court decisions and our examination of the government’s “all lawful uses” position translate the legal uncertainty into concrete guidance for AI companies on how to structure governance, contracting, compliance, and internal processes to mitigate risk and prepare for government demands.
Read our collected analysis below
Special Counsel, Privacy Counsel, Silicon Valley
Associate, Silicon Valley
Partner, Washington, DC
Senior Associate, Washington, DC
The contents of this publication are for reference purposes only and may not be current as at the date of accessing this publication. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action based on this publication.
© Herbert Smith Freehills Kramer 2026
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