A federal judge in Washington, D.C., will hear arguments this week in a case that could help define the rules of the road for legal AI companies that rely on licensed caselaw data.
The case, Fastcase Inc. v. Alexi Technologies Inc., pending before Judge Richard J. Leon in the U.S. District Court for the District of Columbia, pits Fastcase — now part of Clio following Clio’s $1 billion acquisition of vLex — against Alexi, the Toronto-based legal AI company.
As I reported in December, Fastcase sued Alexi, alleging breach of contract, trademark infringement and trade secret misappropriation relating to Alexi’s use of data licensed from Fastcase.
Alexi responded with counterclaims accusing Fastcase, vLex and Clio of manufacturing breach-of-contract allegations as a pretext to eliminate Alexi as a competitor in the AI legal research market following Clio’s acquisition.
The motions now before the court focus on the contract dispute at the heart of the case. Alexi seeks partial summary judgment on Fastcase’s breach-of-contract claim and on Alexi’s own counterclaims for breach of contract, breach of the implied covenant of good faith and fair dealing, and tortious interference with business relations.
Fastcase, vLex and Clio seek partial summary judgment on Fastcase’s breach claim and against those contract-related counterclaims.
The court has scheduled the hearing for July 8 at 3 p.m. Each side will have 20 minutes, with one attorney per side and no demonstratives.
(Go to end for links to the motions and supporting memoranda.)
The Agreement At The Center Of The Case
I should note that, in writing about this, I am relying on the parties’ pleadings and briefs. But virtually all of the filings are heavily redacted, with many pages entirely blacked out. So this report is based on what can be garnered from the unredacted portions.
The dispute centers on a data license agreement that Fastcase and Alexi, then known as Alexsei, entered into in December 2021. Under the agreement, Fastcase licensed U.S. caselaw data to Alexi and agreed to provide daily updates of new federal and state judicial opinions.
The agreement’s recitals say Fastcase was licensing substantial portions of its database “for Alexsei’s legal memos.” Section 1.7 defined the permitted “Purpose” as “internal research purposes,” while also stating that the data could not be used “for commercial purposes” or for any purpose “competitive with Fastcase.”
Section 2.2 separately barred Alexi from selling, licensing, publishing, copying or otherwise distributing any part of the Fastcase data without consent, and Section 5.2 allowed termination for cause only after 30 days’ written notice of a material breach and failure to cure.
That language is the crux of the parties’ dispute. Fastcase says it licensed data for a limited internal memo-support service and that Alexi later pivoted into a customer-facing research platform. Alexi says Fastcase knew from the beginning that Alexi was a commercial AI company using software to automate legal research memoranda, and that Fastcase is now trying to read restrictions into the contract that it never wrote.
Fastcase’s Argument: A Limited Data License
Fastcase argues that the case is a straightforward contract dispute. It says Alexi originally sold a human-reviewed legal memo service in which customers submitted legal questions, Alexi researchers conducted research using internal tools, and Alexi returned a finished memorandum. Fastcase says it licensed data for that limited use, at discounted startup pricing, and not for what Alexi later became.
According to Fastcase, Alexi changed its product and business model by launching customer-facing AI products, culminating in its Advanced Legal Reasoning, or ALR, platform. Fastcase describes ALR as a chat-based, subscription legal research platform through which users can ask research questions directly, receive real-time caselaw answers, ask follow-up questions, generate charts, arguments, letters and contract clauses, and click links to full-text U.S. cases displayed inside Alexi’s own interface.
That use, Fastcase argues, violates Section 1.7 because a customer-facing legal research platform is not “internal research.” In its view, the relevant fact is that Alexi customers now drive the legal research process, even if Alexi software performs the technical work on Alexi servers. Fastcase argues that automation does not convert customer-facing research into internal research.
Fastcase also argues that Alexi’s platform is competitive with its own. Alexi uses Fastcase data to power a paid subscription product that Alexi markets as legal research software, it says, and that competes with legal research platforms, including Fastcase. Fastcase argues that the license did not give Alexi the right to use Fastcase data for any future AI product that might include legal analysis.
Fastcase’s second major theory is that Alexi breached Section 2.2 by copying, publishing and distributing Fastcase data without its consent. It says Alexi copied Fastcase cases into its own systems, maintained a separate repository of millions of Fastcase-provided cases, displayed full-text opinions to customers through Alexi-hosted links, and allowed those links to be shared.
Fastcase also argues that these breaches are determinative of Alexi’s counterclaims. If Alexi materially breached and failed to cure, Fastcase says, then Fastcase was entitled to terminate and stop performance.
That means, Fastcase argues, that Alexi cannot recover for breach of contract, cannot use the implied covenant of good faith and fair dealing to override Fastcase’s express termination rights, and cannot show that vLex or Clio tortiously interfered with a contract that Fastcase lawfully terminated.
Fastcase further says that Alexi’s broader theory — that Clio, vLex and Fastcase used the breach claim as a pretext to eliminate Alexi’s data rights — is legally irrelevant if Alexi actually breached. It relies heavily on D.C. law for the proposition that a material breach supplies cause to terminate even if the terminating party had other business reasons for enforcing the contract.
Alexi’s Argument: Rewriting The Deal After Acquisition
Alexi’s memorandum argues that the case “does not arise from a bona fide dispute over a contract,” but from Fastcase’s and vLex’s desire to “placate” Clio after Clio discovered, during the vLex acquisition process, that Alexi’s agreement included a valuable backfile purchase option.
Alexi says the agreement did two things: it allowed Alexi to use Fastcase caselaw for its AI-driven legal memo service, and it prevented Alexi from simply replicating Fastcase’s traditional legal research business by reselling or commercializing Fastcase data in a competing database.
Alexi says Fastcase’s own contract drafter described the restrictions as preventing “bulk sale” of Fastcase data and ensuring that Fastcase content could not be made available through a traditional legal research product like Fastcase.
Alexi contends that Fastcase knew exactly what its business was from the outset — a for-profit AI company selling AI-generated legal research memoranda to lawyers and law firms. Alexi says Fastcase drafted every term of the agreement, removed references to “academic research” from a prior template, and knew Alexi’s purpose was commercial AI legal analysis.
Alexi also disputes Fastcase’s account of technological change. It says Alexi’s use of Fastcase data remained the same even as its interface evolved. Customers entered legal questions into Alexi’s platform and received narrative legal analysis.
Only Alexi’s internal AI tools — not users — accessed or queried the Fastcase database, it argues. While Instant Memos, chat functionality and ALR modernized the user interface and sped up delivery, they did not convert Alexi’s internal data use into external access to Fastcase’s database.
That is why Alexi calls Fastcase’s “internal research” argument a conflation of interface and data use. The agreement does not contain the word “human,” does not require manual research, and does not limit outputs to a particular form, Alexi argues. Research performed by Alexi’s proprietary software inside Alexi’s systems, Alexi argues, is internal research by the ordinary meaning of the term.
“Alexi only ever used the Fastcase caselaw data for ‘internal research purposes’ consistent with the Agreement, and never sold or sublicensed Fastcase data or offered anything resembling a traditional legal research platform that competed against Fastcase,” it argues in its brief.
Alexi also attacks Fastcase’s commercial-use theory as self-defeating. Because Fastcase knew Alexi was a for-profit company selling AI-generated legal analysis, Alexi says “commercial purposes” cannot mean any use in a paid product. Otherwise, Alexi argues, the contract would have no purpose.
On competition, Alexi says it does not offer a Fastcase-like research database where users conduct Boolean searches over raw caselaw. It says Alexi provides AI-generated narrative analysis, while Fastcase provides searchable access to caselaw, statutes and regulations.
Alexi argues that Fastcase has offered no evidence that it lost a subscriber to Alexi and that Fastcase’s broad definition of competition would make nearly any legal research service a prohibited competitor.
Alexi also challenges Fastcase’s Section 2.2 copying and distribution theories, arguing that internal storage of Fastcase data was inherent in the raw XML data-feed license and that displaying non-copyrightable judicial opinions cited in Alexi’s proprietary legal analysis is not the same as publishing or distributing Fastcase’s database.
Alexi further says it received express permission from a Fastcase executive to display case text, and that Fastcase never objected for years.
Notice, Cure And The Daily Updates
Alexi also argues that Fastcase never gave the contractually required notice and opportunity to cure.
Alexi says an Oct. 27, 2025, breach letter from vLex vaguely asserted that Alexi was using the data in a commercial and competitive way, but did not identify the specific features Fastcase now challenges, including automation of legal memos, the chat interface, ALR, or display of case text.
Because Section 5.2 required 30 days’ written notice and an opportunity to cure, Alexi says a vague notice could not support termination.
Fastcase responds that the notice was adequate because it identified the challenged conduct. Alexi was commercially offering a legal research product to customers that competed with Fastcase.
Fastcase says it waited the full 30 days before terminating and that Alexi did not cure. Instead, Alexi denied breach, asserted waiver and estoppel, and refused to change course.
Alexi also argues that Fastcase independently breached by stopping daily caselaw updates on Dec. 3, 2025. Alexi says the agreement ran through at least Dec. 31, 2026, absent effective termination, and that Fastcase’s daily caselaw updates were a central obligation under the agreement.
Fastcase’s answer is that Alexi’s uncured material breach excused Fastcase from continued performance and authorized termination.
The Clio/vLex Backfile Theory
A major argument of Alexi’s is that this dispute is really about the data backfile.
Alexi says the agreement gave an acquirer of Alexi the option to purchase Fastcase’s entire caselaw backfile “with no restrictions.” According to Alexi, that provision became a problem for Clio and vLex once Clio agreed to acquire vLex and Fastcase for approximately $1 billion.
Alexi contends that Clio discovered the backfile option during due diligence and viewed it as a threat to the value of the “data moat” it was buying.
Alexi says that Fastcase founder Ed Walters later asked Alexi CEO Mark Doble to surrender the backfile option for nothing in return, warning there “would be trouble” if he refused. Days later, Alexi says, vLex sent the breach notice that led to termination and this lawsuit.
Alexi also says that after the suit was filed, Walters told potential Alexi acquirers that they would not receive access to Fastcase data, even though Alexi says Fastcase now admits the backfile purchase option survives termination.
Those allegations form the basis for Alexi’s counterclaims for breach of the implied covenant and tortious interference. Alexi argues that Clio and vLex orchestrated the termination to force Alexi to give up the backfile option and to impair Alexi’s acquisition prospects.
As noted above, Fastcase, vLex and Clio deny that theory. They say the dispositive question is not motive but breach. If Alexi materially breached, they argue, then Fastcase had the right to terminate, and there was no wrongful termination for vLex or Clio to induce.
What to Expect at Oral Argument
With each side limited to 20 minutes in the oral argument, there is no way to know what the judge’s focus will be. But, given the parties’ memoranda and pleadings, the argument is likely to cover:
- The meaning of “internal research purposes.” Did Alexi’s customer-facing AI research platform go too far?
- How to read the commercial and competitive-use restrictions. Did the restrictions cover Alexi’s use or only extend to bulk resale?
- Did Alexi’s display of case text violate the agreement?
- Notice and cure. Did Fastcase provide a meaningful opportunity to cure?
- Can Alexi’s backfile narrative be decided at the summary judgment stage?
However the argument turns out, the implications of the case are potentially far broader than the one license at issue.
Legal AI companies need comprehensive primary law data. Legal publishers and research platforms control much of that data.
As AI products evolve from human-assisted workflows into chat-based, agentic and automated systems, contracts drafted before the gen AI boom may not map cleanly onto today’s products.
A Fastcase win could reinforce the ability of data licensors to strictly restrain AI uses of legal data, especially when a licensee’s product evolves over time.
An Alexi win could have the opposite result, telling licensors who want to restrict AI or other uses that they must do so clearly.
Here are the parties’ motion documents:
- Counter-Defendants’ Motion for Partial Summary Judgment On Fastcase’s Breach-of-Contract Claim and Alexi’s Contract-Related Counterclaims.
- Alexi Technologies Inc.’s Motion for Partial Summary Judgment.
- Alexi Technologies Inc.’s Memorandum of Law In Support Of Its Motion For Partial Summary Judgment.
- Counter-Defendants’ Opposition to Alexi Technologies Inc.’s Motion for Partial Summary Judgment On Contract-Related Counterclaims.
- Alexi Technologies Inc.’s Opposition to Counter-Defendants’ Motion for Partial Summary Judgment on Fastcase’s Breach-of-Contract Claim and Alexi’s Contract-Related Counterclaims.
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